问题 问答题

我国民间有一种说法,“言而无信非君子”,请运用民法基本原则和民事行为效力的理论知识对其加以辨析。

答案

参考答案:(1) 该说法不完全正确。该说法反映的是诚实信用原则、民事行为的效力。
(2) 该说法正确的一面是:根据诚实信用原则,每个民事主体在民事活动中应当诚实守信,不欺不诈。在通常情况下,行为人对自己的单方法律行为和与他人达成的合法有效协议,应当本着诚实信用原则积极履行,不得违约。同时,在缔约过程中和合同履行完毕后,也应当遵守诚实信用原则,否则应承担缔约过失责任和因后契约义务所产生的后契约责任。
(3) 该说法不正确的一面是:对于无效或被撤销的民事行为,行为人不受其行为的约束,此时没有“言而无信非君子”适用的余地。

阅读理解

The behaviour of a building’s users may be at least as important as its design when it comes to energy use, according to new research from the UK Energy Research Centre (UKERC). The UK promises to reduce its carbon emissions (排放)by 80 percent by 2050, part of which will be achieved by all new homes being zero-carbon by 2016. But this report shows that sustainable building design on its own — though extremely important- is not enough to achieve such reductions: the behaviour of the people using the building has to change too.

The study suggests that the ways that people use and live in their homes have been largely ignored by existing efforts to improve energy efficiency (效率),which instead focus on architectural and technological developments.

‘Technology is going to assist but it is not going to do everything,’explains Katy Janda, a UKERC senior researcher,‘consumption patterns of building users can defeat the most careful design. ’In other words,old habits die hard, even in the best-designed eco-home.

Another part of the problem is information. Households and bill-payers don’t have the knowledge they need to change their energy-use habits. Without specific information,it’s hard to estimate the costs and benefits of making different choices. Feedback (反馈) facilities, like smart meters and energy monitors,could help bridge this information gap by helping people see how changing their behaviour directly affects their energy use; some studies have shown that households can achieve up to 15 percent energy savings using smart meters.

Social science research has added a further dimension (方面),suggesting that individuals’behaviour in the home can be personal and cannot be predicted 一 whether people throw open their windows rather than turn down the thermostat (恒温器) , for example.

Janda argues that education is the key. She calls for a focused programme to teach people about buildings and their own behaviour in them.

小题1:As to energy use, the new research from UKERC stresses the importance of________.

A. zero-carbon homes

B.the behaviour of building users

C. sustainable building design

D.the reduction of carbon emissions小题2:The underlined word “which” in Paragraph 2 refers to”________.”

A.the ways

B.their homes

C. developments

D.existing efforts小题3:What are Katy Janda’s words mainly about?

A. The importance of changing building users, habits.

B. The necessity of making a careful building design.

C. The variety of consumption patterns of building users.

D. The role of technology in improving energy efficiency.小题4:The information gap in energy use _______.

A. can be bridged by feedback facilities

B. affects the study on energy monitors

C. brings about problems for smart meters

D. will be caused by building users’ old habits小题5:What does the dimension added by social science research suggest?

A. The social science research is to be furthered.

B. The education programme is under discussion.

C. The behaviour of building users is unpredictable.

D. The behaviour preference of building users is similar.

单项选择题 案例分析题