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管理事务违反本人意思的，不可构成无因管理。( )
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TEXT B Whenever two or more unusual traits or situations are found in the same place, it is tempting to look for more than a coincidental relationship between them. The high Himalayas and the Tibetan plateau certainly have extraordinary physical characteristics and the cultures that are found there are also unusual, though not unique. However there is no intention of adopting Montesquieu’s view of climate and soil as cultural determents. The ecology of a region merely poses some of the problems faced by the inhabitants of the region, and while the problems facing a culture are important to its development, they do not determine it. The appearance of the Himalayas during the late Tertiary Period and the accompanying further raising of the previously established rages had a marked effect on the climate of the region. Primarily, of course, it blocked the Indian monsoon from reaching Central Asia at all. Secondly, air and moisture from other directions were also reduced. Prior to the raising of the Himalayas, the land now forming the Tibetan uplands had a dry, continental climate with vegetation and animal’s life similar to that of much of the rest of the region on the same parallel, but somewhat different from that of the areas farther north, which were already drier. With the coming of the Himalayas and the relatively sudden drying out of the region, there was a severe thinning out of the animal and plant population. The ensuing incomplete Pleistocene glaciations had a further thinning effect, but significantly did not wipe out life in the area. Thus after the end of the glaciations there were only a few varieties of life extant from the original continental species. Isolated by the Kunlun range from the Tarim basin and Turfan depression, species that bad already adapted to the dry steppe climate, and would otherwise have been expected to flourish in Tibetan, the remaining native fauna and flora multi-plied. Armand described the Tibetan fauna as not having great variety, but being "striking" in the abundance of the particular species that are present. The plant life is similarly limited in variety, with some observers finding no more than seventy varieties of plants in even the relatively fertile Eastern Tibetan valleys, with fewer than ten food crops. Tibetan "tea" is a major staple, perhaps replacing the unavailable vegetables. The difficulties of living in an environment at once dry and cold, and populated with species more usually found in more hospitable climates, are great. These difficulties may well have influenced the unusual polyandrous societies typical of the region. Lattimore sees the maintenance of multi-husband house-holds as being preserved from earlier forms by the harsh conditions of the Tibetan uplands, which permitted no experimentation and "froze" the cultures that came there. Kawakiwa, on the other hand, sees the polyandry as a way of easily permitting the best householder to become the head husband regardless of age. His detailed studies of the Bhotea village of Tsumje do seem to support this idea of polyandry as a method of talent mobility in a situation where even the best talent is barely enough for survival. In sum, though arguments can be made that a pre-existing polyandrous system was strengthened and preserved (insofar as it has been) by the rigors of the land, it would certainly be an overstatement to lay causative factors of any stronger nature to the ecological influences in this case. The species of fauna and flora remaining in Tibet after the Pleistocene glaciations can properly be called continental because they ______ .
In this section there are four passages followed by questions or unfinished statements, each with four suggested answers marked [A], [B], [C] and [D]. Choose the one that you think is the best answer. Mark your answers on your ANSWER SHEET.TEXT A Somehow California is always at the cutting edge, be it in the flower-power days of the 1960s or the dotcom boom of the 1990s. As Kevin Starr points out in his History of the State, California has long been "one of the prisms through which the American people, for better and for worse, could glimpse their future". Mr. Starr is too good a historian to offer any pat explanation; instead, he concentrates on the extraordinary array of people and events that have led from the mythical land of Queen Calafia, through the rule of Spain and Mexico, and on to the governorship of Arnold Schwarzenegger, an iron-pumping film star with an Austrian accent. Moreover, he does so with such elegance and humor that his book is a joy to read. What emerges is not all Californian sunshine and light. Think back to the savage violence that accompanied the 1849 Gold Rush; or to the exclusion orders against the Chinese; or to the riots that regularly marked industrial and social relations in San Francisco. California was very much the Wild West, having to wait until 1850 before it could force its way to statehood. So what tamed it Mr. Starr’s answer is a combination of great men, great ideas and great projects. He emphasizes the development of California’s infrastructure, the development of agriculture; the spread of the railroads and freeways; and, perhaps the most important factor for today’s hi-tech California, the creation of a superb set of public universities. All this, he writes, "began with water, the sine qua non of any civilization." He goes on cheerfully to note the "monumental damage to the environment" caused by irrigation projects that were "plagued by claims of deception, double-dealing and conflict of interest". One virtue of this book is its structure. Mr. Start is never trapped by his chronological framework. In-stead, when the subject demands it, he manages deftly to flit back and forth among the decades. Less satisfying is his account of California’s cultural progress in the 19th and 20th centuries: does he really need to invoke so many long-forgotten writers to accompany such names as Jack London, Frank Norris, Mark Twain or Raymond Chandler But that is a minor criticism for a book that will become a California classic. The regret is that Mr. Starr, doubtless pressed for space, leaves so little room--just a brief final chapter--for the implications of the past for California’s future. He poses the question that most Americans prefer to gloss over: is California governable "For all its impressive growth, there remains a volatility in the politics and governance of California, which became perfectly clear to the rest of the nation in the fall of 2003 when the voters of California recalled one governor and elected another." Indeed so, and Mr. Start wisely avoids making any premature judgment on their choice. Ills such as soaring house prices, grid locked freeways and "embattled" public schools, combined with the budgetary problems that stem from the tax revolt of 1978 would test to the limit any governor, even the Terminator. As Mr. Starr notes, no one should cite California as an unambiguous triumph: "There has al-ways been something slightly bipolar about California. It was either utopia or dystopia, a dream or a night-mare, a hope or a broken promise--and too infrequently anything in between." From the text we can learn that Mr. Starr is very ______ as a historian.
简论债权人的代位权。
甲有父母、配偶及子、女(音乐教师)各一人。甲去世，留有遗产房屋6间、存款5 000元、古字画10件和钢琴一架。甲生前自书遗嘱指定：房产归妻子和儿女继承，古字画赠给文物部门。对存款和钢琴遗嘱未做处理。现甲的女儿提出要将钢琴留给自己；甲的父母皆年迈且丧失劳动能力，又无独立生活来源，主张要2间房居住，其他继承人亦对继承份额发生争议，诉至法院。审理中又发现甲因购字画还有10 000元债款未还。诉讼开始，甲的儿子未表示放弃继承权，但却以不愿伤害亲属关系为由，不愿参加诉讼。问： (1)甲的遗嘱是否有效 (2)甲的女儿的要求是否合理 (3)甲的债务如何清偿 (4)甲的父母应否分得遗产 (5)甲的儿子是否能继承甲的遗产
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