2006 National Judicial Examination Question and Answer Solutions

Author: "National Judicial Examination"
Publisher:
Publishing Date: 2006-10-01
Features: Reference Answers and Interpretive Hints for the 2006 National Judicial Examination Paper 1: This is a multiple-choice exam, 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, totaling 50 points.
1. Article 41 of China's "Contract Law" states: "In case of disputes 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 clause shall prevail. If standardized clauses and non-standardized clauses are inconsistent, the non-standardized clauses shall be adopted." 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 conflicts in legal values.
D. This legal provision stipulates methods and standards for legal interpretation.
【Answer】A
【Key Point】Legal principles; standardized clauses; conflicts and resolution of legal values; legal interpretation
【Explanation】Legal principles are comprehensive, guiding value criteria that provide a foundation or source 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 concluded that this provision stipulates legal rules, not legal principles. Therefore, option A is incorrect. Standardized clauses are designed to facilitate