问题 单项选择题

下列协议管辖有效的是:

A.阳光商场与布依服装有限公司在M县签订合同时口头约定若双方发生争议,由M县人民法院管辖
B.章老汉有3个儿子,分别住在A、B、C 3、县。章老汉去世后在D县留下房屋4间,3兄弟约定房屋暂时不分,若以后分割时发生争议,由A县人民法院管辖
C.同心食品公司与大地农产品厂签订一份买卖合同,双方在合同中约定,合同履行过程中发生的争议,由同心食品公司所在地法院一审,大地农产品厂所在地法院进行二审
D.方方公司与圆圆公司是长期的生意伙伴,但有一回由于方方公司没有及时交货,导致圆圆公司损失近200万元,关于赔偿双方协商不成,但双方协议选择标的物所在地法院管辖

答案

参考答案:D

解析:[考点] 协议管辖
根据《民事诉讼法》第25条规定,协议管辖仅适用于合同纠纷案件,且必须采用书面形式。另外,协议管辖不得违反级别管辖和专属管辖的规定。A项是门头协议,C项违反了级别管辖,因此,A、C两项都不正确。《民事诉讼法》第 34条规定,下列案件,由本条规定的人民法院专属管辖:(1)因不动产纠纷提起的诉讼,由不动产所在地人民法院管辖;(2)因港口作业中发生纠纷提起的诉讼,由港口所在地人民法院管辖;(3)因继承遗产纠纷提起的诉讼,由被继承人死亡时住所地或者主要遗产所在地人民法院管辖。因此,B项不正确。《民诉意见》第23条规定,民事诉讼法第25条规定的书面合同中的协议,是指合同中的协议管辖条款或者诉讼前达成的选择管辖的协议。因此,D项符合题意。

填空题

"Universal history, the history of what man has accomplished in this world, is at bottom the History of the Great Men who have worked here," wrote the Victorian stage Thomas Carlyle. Well, not any more it is not.

Suddenly, Britain looks to have fallen out with its favourite historical form. This could be no more than a passing literary craze, but it also points to a broader truth about how we now approach the past: less concerned with learning from forefathers and more interested in feeling their pain. Today, we want empathy, not inspiration.

From the earliest days of the Renaissance, the writing of history meant recounting the exemplary lives of great men. In 1337, Petrarch began work on his rambling writing De Viris Illustribus—On Famous Men, highlighting the virtus (or virtue) of classical heroes. Petrarch celebrated their greatness in conquering fortune and rising to the top. This was the biographical tradition which Niccolo Machiavelli turned on its head. In The Prince, the championed cunning, ruthlessness, and boldness, rather than virtue, mercy and justice, as the skills of successful leaders.

Over time, the attributes of greatness shifted. The Romantics commemorated the leading painters and authors of their day, stressing the uniqueness of the artist’s personal experience rather than public glory. By contrast, the Victorian author Samual Smiles wrote Self-Help as a catalogue of the worthy lives of engineers, industrialists and explores. "The valuable examples which they furnish of the power of self-help, if patient purpose, resolute working and steadfast integrity, issuing in the formulation of truly noble and many character, exhibit," wrote Smiles. "what it is in the power of each to accomplish for himself" His biographies of James Walt, Richard Arkwright and Josiah Wedgwood were held up as beacons to guide the working man through his difficult life.

This was all a bit bourgeois for Thomas Carlyle, who focused his biographies on the truly heroic lives of Martin Luther, Oliver Cromwell and Napoleon Bonaparte. These epochal figures represented lives hard to imitate, but to be acknowledged as possessing higher authority than mere mortals.

Communist Manifesto. For them, history did nothing, it possessed no immense wealth nor waged battles: "It is man, real, living man who does all that. "And history should be the story of the masses and their record of struggle. As such, it needed to appreciate the economic realities, the social contexts and power relations in which each epoch stood. For: "Men make their own history, but they do not make it just as they please; they do not make it under circumstances chosen by themselves, but under circumstances directly found, given and transmitted from the past. "

This was the tradition which revolutionized our appreciation of the past. In place of Thomas Carlyle, Britain nurtured Christopher Hill, EP Thompson and Eric Hobsbawm. History from below stood alongside biographies of great men. Whole new realms of understanding—from gender to race to cultural studies—were opened up as scholars unpicked the multiplicity of lost societies. And it transformed public history too: downstairs became just as fascinating as upstairs.

 

[A] emphasized the virtue of classical heroes.
41. i Petrarch[B] highlighted the public glory of the leading artists.
42. Niccolo Machiavelli[C] focused on epochal figures whose lives were hard to imitate.
43. Samuel Smiles[D] opened up new realms of understanding the great men in history.
44. Thomas Carlyle[E] held that history should be the story of the masses and their record ofstruggle.
45. Marx and Engels[F] dismissed virtue as unnecessary for successful leaders.
 [G] depicted the worthy lives of engineer industrialists and explorers.

45()

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