问题 问答题 简答题

民事诉讼辨论原则和处分原则在诉讼中如何体现的?

答案

参考答案:

它们完全属于两个概念。辩论原则是指人民法院审理民事案件时,当事人有权进行辩论辩论原则给予当事人充分阐述理据,以此让法院参考、采纳自己的主张。

处分原则是指当事人有权在法律规定的范围内处分自己的民事权利和诉讼权利,指的是当事人对法律赋予自己的诉讼权利有处分权。辩论原则主要是在法庭质证、辩论阶段发生作用,意义在于让当事人充分互辩,以便查明案件事实,倾向于案件实体问题。

处分原则主要是在开庭前后发生作用,如申请回避,放弃诉权,承认对方诉讼请求等行为,意义在于充分赋予当事人诉讼权利,维护法律公平正义,倾向于案件程序问题。总的来说,他们都是为维护当事 * * 利而确立的民诉法原则。

阅读理解

阅读理解。

     One morning I met a man in my shop. He wanted to buy some new clothes. First I gave him a pair of

trousers. He put them on to try, then _____ and gave them back to me and said,"No, give me a coat instead

of them."

     I gave him a coat and told him,"This one is worth as much as the trousers." To my surprise he took the

coat without saying a word and walked out of the shop with it. I ran quickly after him and said,"You haven't

paid for that coat!"

     "But I gave you the trousers for the coat," he said."They are worth (相当于…的价值) the same as the

coat, aren't they?"

     "Yes," I said."You didn't pay for the trousers, either!""Of course I didn't!" answered the man,"I didn't take

them. I am not foolish! Nobody gives things back and then pays for them."

1. The man wanted to buy some _____ in my shop.

A. new books

B. new shoes

C. new clothes

D. new hats

2. Which of the following can we choose to fill in the blank in Paragraph 1?

A. put them off

B. took them down

C. took them off

D. put them down

3. The phrase "instead of" in the first paragraph means _____.

A. 交换

B. 代替

C. 当作

D. 等于

4. I ran after the man because _____.

A. he forgot to take the trousers

B. he stole my clothes

C. I forgot to give him the change

D. he didn't pay for the coat

5. Which of the following is wrong?

A. The trousers are worth as much as the coat

B. The writer was a shopkeeper

C. The man exchanged (交换、调换) the trousers for the coat

D. The man didn't play for the coat

单项选择题