问题 单项选择题

我国《合同法》和《民法通则》中规定的有关当事人协议选择或我国法院按最密切原则确定的处理合同争议所适用的法律包括()

A.我国现行实体法

B.各国现行实体法

C.我国实体法

D.各国实体法和冲突法

答案

参考答案:B

解析:

当事人选择法律的时间:一般要求是在订立合同时,同时约定合同应适用的法律。但这种约定亦可在订立合同后另行单独作出,只是事后约定适用的法律不得影响原来合同的成立或使第三人受到不利的损害。

当事人选择的法律的效力:只要该法律选择的协议是有效的,它当然具有约束双方当事人和法院的效力。当事人选择适用的只能是被选择国家的实体法。因而在适用意思自治原则时,在合同关系上是普遍排除反致制度的。

阅读理解

Aggressive pedestrians are in fact as dangerous as careless drivers. They cause traffic accidents, injury and death.

These dangerous walkers can be seen in any big city all over the world. About 69% of last year’s pedestrian deaths in the US occurred in urban areas. They cross streets ignoring “DON’T WALK” signals, suddenly appear without warning from behind parked vehicles, walk slowly at crossroads with cell phones attached to heads, blocking traffic.

These pedestrians and drivers share a common disregard for the rules of the road, both for selfish reasons. The drivers believe in the power of their machines. If their machines can go faster, they believe they have the right to go faster. If their machines are bigger, they believe they have the right to push smaller vehicles aside. Aggressive pedestrians, on the other hand, believe in the primacy(首位) of the individual, the idea that they are first in any environment, under any circumstances, even when they are on foot in a roaring tide of steel and rubber.

Last year, an estimated 5,220 pedestrians died in traffic accidents. Some 69,000 pedestrians were injured. On average, that worked out to one pedestrian killed in a traffic crash every 101 minutes, and one injured every eight minutes.

The good news is that the accident rate is dropping. For example, the number of pedestrians killed last year was 24 percent less than the number killed in traffic accidents a decade earlier. The bad news is that the basic causes of pedestrian deaths remain pretty much the same----disregard for traffic signals, inattention and crossing roads under the influence of alcohol and drugs. Alcohol, in fact, was involved in 46 percent of the traffic accidents that resulted in pedestrian deaths. Of those, 31 percent of the pedestrians were found to be drunk.

The bottom line is that the pedestrians must do more to protect their lives as well as the lives of other road users. They can start by obeying traffic signals, using marked cross-walks and calling a cab when they’ve had too much to drink.

小题1:The passage is mainly about _____.

A.how aggressive pedestrians cause traffic accidents

B.why so many Americans were killed on roads last year

C.what the traffic rules of the road about pedestrians were

D.who are to blame for pedestrian deaths, drunk drivers or the aggressive pedestrians小题2:What is the pedestrians’ selfish reason for traffic jams?

A.They know all drivers are skilled and with great care.

B.They believe individuals are always first.

C.They think traffic rules have nothing to do with them.

D.They guess all vehicles will slow down at crossroads.小题3: What was NOT the basic cause of pedestrian deaths in the US a decade ago?

A.Disregard for traffic signals

B.Paying no attention to surroundings.

C.Crossing roads drunk.

D.Overspeeding driving.小题4:What word can best describe the author’s attitude to the traffic accidents caused by pedestrians?

A.Excited.

B.Cold.

C.Concerned

D.Unconnected.

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