2006 National Judicial Examination Question and Answer and Analysis - (Leap Version) (2007 Judicial Examination Book)

Author: None
Publisher:
Publish Date: 2006-10-01
Features: Reference Answers and Analysis Tips for the 2006 National Judicial Examination Paper 1: This exam paper consists of multiple-choice questions and is scored by computer. Please fill in your chosen answers on the answer sheet and do not write directly on the exam paper.
Part I: Multiple-Choice Questions, with only one correct answer for each question. This section includes questions 1–50, each worth 1 point, for a total of 50 points.
1. Article 41 of China's "Contract Law" states: "In case of a dispute over the interpretation of standardized clauses, the interpretation shall be made in accordance with common understanding. If there are two or more interpretations of standardized clauses, the interpretation that is disadvantageous to the party providing the standardized clauses shall be adopted. If standardized clauses and non-standardized clauses are inconsistent, the non-standardized clauses shall prevail." Which of the following interpretations of this legal provision is incorrect?
A. This legal provision stipulates legal principles.
B. Standardized clauses themselves pursue the value of legal efficiency or utility, while this legal provision stipulates the value of legal justice.
C. This legal provision is a resolution of the conflict of legal values.
D. This legal provision stipulates the methods and standards for legal interpretation.
Answer: A
Key Point: Legal principles; standardized clauses; conflict of legal values and its resolution; legal interpretation
Explanation: Legal principles provide a comprehensive, guiding value criterion for legal rules. Based on the definition of legal rules above, combined with the content of Article 41 of the "Contract Law," it can be seen that the provision stipulates legal rules, not legal principles. Therefore, option A is incorrect. Standardized clauses are designed to facilitate