问题 问答题 简答题

公共秩序的职能是什么?

答案

参考答案:

现代国际私法中讲到的公共秩序,其功能主要表现在排除外国法的适用上,即:一方面,在自己国家的冲突规范指定应适用外国法时,如果其适用的结果与自己的公共秩序相抵触,便可排除该外国法的适用;另一方面,凡内国法上的某些规定,由于其牵涉到国家或社会的重大利益,或道德与法律的基本原则,因而是必须直接予以适用的,就可以通过直接肯定内国法必须适用的方式实现对某些外国法适用的防范或否定的作用,在这种情况下,可以根本不考虑有关的冲突规范作何规定。公共秩序就是从这两个方面来发挥其排除不利于自己国家重大利益和法律的基本理念的外国法的“安全阀”职能的。

问答题 论述题
单项选择题

Questions 11 to 15 are based on the following passage: ( 10 分 )In the United States, it is important to be on time, or punctual, for an appointment, a class, a meeting, etc. However, this may not be true in all countries. An American professor discovered this difference while teaching a class in a Brazilian university. The two-hour class was scheduled to begin at 10 a.m. and end at 12. On the first day, when the professor arrived on time, no one was in the classroom. Many students came after 10 a.m. Several arrived after 10:30 a.m. Two students came after 11 a.m. Although all the students greeted the professor as they arrived, few apologized for their lateness. Were these students being rude He decided to study the students’ behavior.The professor talked to American and Brazilian students about lateness in both an informal and a formal situation: at a lunch with a friend and in university calls, respectively. He gave them anexample and asked them how they would react. If they had a lunch appointment with a friend, the average American student showed clearly lateness as 19 minutes:after the agreed time. On the otherhand, the average Brazilian student would be 33 minutes late.In an American university, students are expected to arrive at the appointed hour. In contrast, inBrazil, neither the teacher nor the students always arrive at the appointed hour. Classes not onlybegin at the scheduled time in the United States, but also end at the scheduled time. In the Brazilianclass, only a few students left the class at 12:00; many remained past 12:30 to discuss the class andask more questions. Arriving late may not be very important in Brazil, neither is staying late.

The American professor studied the Brazilian students’ behavior because( )

A.he felt angry at the students’ rudeness

B.he felt puzzled at the students’ being late,

C.he wanted to collect data for his research

D.he wanted to make students come on time later