2006 National Judicial Examination Question and Answer and Analysis. Leap Version

Author: Writing Group of "National Judicial Examination Question Answers and Explanations"
Publisher:
Publishing Time: 2006-10-01
Features: Reference Answers and Explanation Tips for the 2006 National Judicial Examination Paper 1: This paper consists of multiple-choice questions, which are read by computer. Please fill in your chosen answers on the answer sheet and do not write directly on the paper.
I. Multiple-Choice Questions: Only one of the options provided for each question is correct. 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, they shall be interpreted 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 understandings 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 Points: Legal principles; standardized clauses; conflict of legal values and its resolution; legal interpretation
Detailed 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 the provision stipulated by this article is not legal principles but legal rules. Therefore, option A is incorrect. Standardized clauses are designed to