题目内容

2003年,某省一中级人民法院审理了一起种子赔偿纠纷案件。审理过程中发现,在赔偿额度计算问题上,《中华人民共和国种子法》和该省人大制定的《农作物种子管理条例》规定了不同原则。为此原被告双方争议激烈。法官按《中华人民共和国种子法》的规定支持了原告主张,并在判决书中写道:“《中华人民共和国种子法》实施后,地方性法规中与其相抵触的内容自然无效。”判决作出后,该省人大认为该法官的判决是在对地方性法规的合法性进行司法审查,超出了法院的职能,是越权的违法行为。也有人认为,全国性法律所作的是一般规定,地方性法规是个别性规定,应按“特殊优于一般的原则”确定法律规范的效力。 请运用所学法理学知识分析此案。

查看答案
更多问题

“从后归类”的原则是进行商品归类时优先使用的原则。( )

A. 对
B. 错

附有证书的牛奶粉的检定参照物(该奶粉具有确定的组分)

It’’s a rough world out there. Step outside and you could break a leg slipping on your doormat. Light up the stove and you could burn down the house. Luckily, if the doormat or stove failed to warn of coming disaster, a successful lawsuit might compensate you for your troubles. Or so the thinking has gone since the early 1980s, when juries began holding more companies liable for their customers’’ misfortunes. Feeling threatened, companies responded by writing ever-longer warning labels, trying to anticipate every possible accident. Today, stepladders carry labels several inches long that warn, among other things, that you might--surprise! -- fall off. The label on a child’’s Batman cape cautions that the toy "does not enable user to fly." While warnings are often appropriate and necessary--the dangers of drug interactions, for example--and many are required by state or federal regulations, it isn’’t clear that they actually protect the manufacturers and sellers from liability if a customer is injured. About 50 percent of the companies lose when injured customers take them to court. Now the tide appears to be turning. As personal injury claims continue as before, some courts are beginning to side with defendants, especially in cases where a warning label probably wouldn’’t have changed anything. In May, Julie Nimmons, president of Schutt Sports in Illinois, successfully fought a lawsuit involving a football player who was paralyzed in a game while wearing a Schutt helmet. "We’’re really sorry he has become paralyzed, but helmets aren’’t designed to prevent those kinds of injuries," says Nimmons. The jury agreed that the nature of the game, not the helmet, was the reason for the athlete’’s injury. At the same time, the American Law Institute--a group of judge, lawyers, and academics whose recommendations carry substantial weight--issued new guidelines for tort law stating that companies need not warn customers of obvious dangers or bombard them with a lengthy list of possible ones. "Important information can get buried in a sea of trivialities," says a law professor at Cornell Law School who helped draft the new guidelines. If the moderate end of the legal community has its way, the information on products might actually be provided for the benefit of customers and not as protection against legal liability. The author’’s attitude towards the issue seems to be____________.

A. biased
B. indifferent
C. puzzling
D. objective

氢化可的松(未配定剂量,非零售包装)

答案查题题库