问题 多项选择题

作为资本主义的美国从自由竞争发展到了垄断阶段后,出现了不少调整经济立法、社会公共事务的法律,比如《产品责任法》、《环境保护法》、《反不正当竞争法》等,并出现了大量的授权立法、委托立法等,同时其他国家如德国、法国、英国以及中国也相继出现了社会经济立法。针对该现象的下列说法,表述正确的是:

A.资本主义的“私权神圣”原则被“社会公共利益”原则所取代,从“权利本位”走向“社会本位”,也属于美国庞德所提出的“社会化的法”的阶段

B.随着社会经济的现代化发展,美国普通法的判例法体系正在向制定法模式过渡,两大法系在相互学习,有逐步靠拢的趋势

C.法的发展可以突破资本主义、社会主义,普通法系、大陆法系等篱笆,从法律技术层面实现法的移植

D.我国的社会经济立法的现代化过程中吸收和借鉴了其他国家的先进的立法和管理经验,这些立法能否与我国的法律传统融洽结合,是法的现代化能否成功的关键

答案

参考答案:C,D

解析: 法的演进
社会经济立法是资本主义社会立法的一个新阶段,这使得自由资本主义时期的“私权神圣”理念受到了限制,“社会本位”得到了强调,但私权观念并没有被取代。美国的庞德将法的发展分为五个阶段,原始的法、严格的法、衡平法和自然法、成熟的法、社会化的法。A选项前半句表述正确,后半句错误;美国的法律传统为以判例法为标志的普通法系,但这些社会经济立法多以制定法的面目出现,说明两大法系出现了一定的融合,但并不能说是由判例法向制定法的模式在过渡,表述错误,故B项不选;法的移植是鉴别、认同、吸收、调适、同化外国法的过程,使之成为本国法的有机组成部分,可以发生在不同性质、不同法律传统的国家之间,这里的移植大多是技术层面的,故C项表述正确;我国的社会经济立法也吸收和借鉴了其他国家的先进的立法和管理经验,同时这些移植的外来法律能否与本国的法律传统、社会现实相融合,是法的现代化能否成功的关键;故D项表述正确。

选择题
阅读理解

“I Went Skydiving at 84!”

As a young girl growing up in the 1930s, I always wanted to fly a plane, but back then it was almost unheard of for a woman to do that. I got a taste of that dream in 2001,when my husband arranged for me to ride in a hot air balloon for my birthday. But the experience turned out to be very dull. Around that time, I told my husband that I wanted to skydive. So when our retirement community(社区)announced that they were having an essay competition and the topic was an experience of a lifetime that you wanted to have, I decided to write about my dream.

In the essay, I wrote about my desire to skydive, stating George Brush Sr. did it at age 80. Why not me? I was just 84 and in pretty good health. A year went by and I heard nothing. But then at a community party in late April 2009, they announced that I was one of the winners. I just couldn’t believe it. Inspired by this, I decided to realize my dream, even though some of my family members and my doctor were against it.

On June 11, 2009, nearly 40 of my family and friends gathered in the area close to where I would land while I headed up in the airplane. My instructor, Jay, guided me through the experience. The plane was the noisiest one I had ever been in, but I wasn’t frightened—I was really just looking forward to the experience. When we reached 13,000 feet, Jay instructed me to throw myself out of the plane. When we first hit the air, the wind was so strong that I could hardly breathe. For a second I thought, “What have I gotten myself into?” But then everything got calmer. We were in a free fall for about a minute before Jay opened the parachute(降落伞), then we just floated downward for about five minutes. Being up in the clouds and looking at the view below was unlike anything I have ever felt—much better than the hot air balloon. I was just enjoying it.

Skydiving was really one of the greatest experiences of my life. I hope other people will look at me and realize that you don’t stop living just because you are 84 years old. If there’s something you want to experience, look into it. If it’s something that is possible, make it happen.

小题1:What happened to the author in 2001?

A.She flew an airplane

B.She entered a competition

C.She went on a hot air balloon ride

D.She moved into a retirement community小题2:The author mentioned George Bush Sr. in her essay to       .

A.build up her own reputation

B.show her admiration for him

C.compare their health condition

D.make her argument persuasive小题3:How did the author feel immediately after she jumped out of the plane?

A.Excited

B.Scared

C.Nervous

D.Regretful小题4:What did the author enjoy most when she was skydiving?

A.The beautiful clouds

B.The wonderful view

C.The company of Jay

D.The one-minute free fall小题5:Which word could be used to replace the word “instructor,” in Paragraph 3?

A.doctor

B.conductor

C.pilot

D.trainer