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诸老废笃疾,事须争讼,止令同居亲属深知本末者代之。若谋反大逆,子孙不孝,为同 居所侵侮,必须自陈者所,诸致仕得代官, 不得已与齐民讼,许其亲属家人代诉, 所司毋侵挠之。诸妇辄代男子告辩争讼者,禁之,若亲寡居,及虽有子男,为他故所妨,事须争讼者, 不在禁例。

(1).元朝诉讼代理适用的一般情形有哪些 ?

(2). 元朝禁止哪些人代理诉讼 ?有何例外?

(3). 如何评价元朝诉讼代理制度 ?

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正确答案:

问题一答案:

元朝允许诉讼代理的一般情形包括:

1、年老、残疾或行动不便者,除谋反大逆及,子孙不孝及亲属之间互相侵犯等不适合代理的情形外,可由其亲属中了解案情始末的男子代为诉讼。

2、退休或暂时离任的官员,可以由家人代为诉讼。

问题二答案:

根据材料,除谋反大逆及,子孙不孝及亲属之间互相侵犯等必须自诉者外,元朝限制妇女的诉讼资格,禁止妇女代理诉讼。但丧夫无子的妇女或家中虽有男子但因不可抗力无法参与诉讼的情形除外。

问题三答案:

元朝的诉讼代理制度在保护当事人诉权方面有一定的进步,在一定范围内方便了老弱残疾等弱势群参与诉讼活动,但在允许代理的案件范围上仍然非常有限,特别是对女性的诉讼权利保护上欠缺明显,反映了当时立法者的认知局限。

答案解析:

暂无解析

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Don't wash those fossils! Standard museum practice can wash away DNA. 1.Washing, brushing and varnishing fossils — all standard conservation treatments used by many fossil hunters and museum curators alike — vastly reduces the chances of recovering ancient DNA. 2.Instead, excavators should be handling at least some of their bounty with gloves, and freezing samples as they are found, dirt and all, concludes a paper in the Proceedings of the National Academy of Sciences today. 3.Although many palaeontologists know anecdotally that this is the best way to up the odds of extracting good DNA, Eva-Maria Geigl of the Jacques Monod Institute in Paris, France, and her colleagues have now shown just how important conservation practices can be.This information, they say, needs to be hammered home among the people who are actually out in the field digging up bones. 4.Geigl and her colleagues looked at 3,200-year-old fossil bones belonging to a single individual of an extinct cattle species, called an aurochs.The fossils were dug up at a site in France at two different times — either in 1947, and stored in a museum collection, or in 2004, and conserved in sterile conditions at -20 oC. 5.The team's attempts to extract DNA from the 1947 bones all failed.The newly excavated fossils, however, all yielded DNA. 6.Because the bones had been buried for the same amount of time, and in the same conditions, the conservation method had to be to blame says Geigl."As much DNA was degraded in these 57 years as in the 3,200 years before," she says. Wash in, wash out 7.Because many palaeontologists base their work on the shape of fossils alone, their methods of conservation are not designed to preserve DNA, Geigl explains. 8.The biggest problem is how they are cleaned.Fossils are often washed together on-site in a large bath, which can allow water — and contaminants in the form of contemporary DNA — to permeate into the porous bones."Not only is the authentic DNA getting washed out, but contamination is getting washed in," says Geigl. 9.Most ancient DNA specialists know this already, says Hendrik Poinar, an evolutionary geneticist at McMaster University in Ontario, Canada.But that doesn't mean that best practice has become widespread among those who actually find the fossils. 10.Getting hold of fossils that have been preserved with their DNA in mind relies on close relationships between lab-based geneticists and the excavators, says palaeogeneticist Svante P bo of the Max Planck Institute for Evolutionary Anthropology in Leipzig, Germany.And that only occurs in exceptional cases, he says. 11.P bo's team, which has been sequencing Neanderthal DNA, continually faces these problems."When you want to study ancient human and Neanderthal remains, there's a big issue of contamination with contemporary human DNA," he says. 12.This doesn't mean that all museum specimens are fatally flawed, notes P bo.The Neanderthal fossils that were recently sequenced in his own lab, for example, had been part of a museum collection treated in the traditional way.But P bo is keen to see samples of fossils from every major find preserved in line with Geigl's recommendations — just in case. Warm and wet 13.Geigl herself believes that, with cooperation between bench and field researchers, preserving fossils properly could open up avenues of discovery that have long been assumed closed. 14.Much human cultural development took place in temperate regions.DNA does not survive well in warm environments in the first place, and can vanish when fossils are washed and treated.For this reason, Geigl says, most ancient DNA studies have been done on permafrost samples, such as the woolly mammoth, or on remains sheltered from the elements in cold caves — including cave bear and Neanderthal fossils. 15.Better conservation methods, and a focus on fresh fossils, could boost DNA extraction from more delicate specimens, says Geigl.And that could shed more light on the story of human evolution. (640 words nature ) Glossary Palaeontologists 古生物学家 Aurochs 欧洲野牛 Neanderthal (人类学)尼安德特人,旧石器时代的古人类。 Permafrost (地理)永冻层 Questions 1-6 Answer the following questions by using NO MORE THAN THREE WORDS for each answer. 1.How did people traditionally treat fossils? 2.What suggestions do Geigl and her colleagues give on what should be done when fossils are found? 3.What problems may be posed if fossil bones are washed on-site? Name ONE. 4.What characteristic do fossil bones have to make them susceptible to be contaminated with contemporary DNA when they are washed? 5.What could be better understood when conservation treatments are improved? 6.The passage mentioned several animal species studied by researchers.How many of them are mentioned? Questions 7-11 Do the following statements agree with the information given in the passage? 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