Civil Procedure Law of the People’s Republic of China
(Adopted at the Fourth Session of the Seventh National People’s Congress on April 9, 1991; amended according to the Decision on Amending the Civil Procedure Law of the People’s Republic of China adopted at the 30th Meeting of the Standing Committee of the Tenth National People’s Congress on October 28, 2007 ) Contents
Part One General Provisions
Chapter I The Aim, Scope of Application and Basic Principles
Chapter II Jurisdiction
Section 1 Jurisdiction by Forum Level
Section 2 Territorial Jurisdiction
Section 3 Transfer and Designation of Jurisdiction
Chapter III Trial Organization
Chapter IV Withdrawal
Chapter V Participants in Proceedings
Section 1 Parties
Section 2 Agents Ad Litem
Chapter VI Evidence
Chapter VII Time Periods and Service
Section 1 Time Periods
Section 2 Service
Chapter VIII Conciliation
Chapter IX Property Preservation and Advance Execution
Chapter X Compulsory Measures Against Obstruction of Civil Proceedings
Chapter XI Litigation Costs
Part Two Trial Procedure
Chapter XII Ordinary Procedure of First Instance
Section 1 Bringing a Lawsuit and Entertaining a Case
Section 2 Preparations for Trial
Section 3 Trial in Court
Section 4 Suspension and Termination of Litigation
Section 5 Judgment and Order
Chapter XIII Summary Procedure
Chapter XIV Procedure of Second Instance
Chapter XV Special Procedure
Section 1 General Stipulations
Section 2 Cases Concerning the Qualification of Voters
Section 3 Cases Concerning the Proclamation of a Person as Missing or Dead Section 4 Cases Concerning the Determination of Legal Incapacity or Restricted Legal Capacity of Citizens
Section 5 Cases Concerning the Determination of a Property as Ownerless
Chapter XVI Procedure for Trial Supervision
Chapter XVII Summary Procedure for Hastening Recovery of a Debt
Chapter XVIII Procedure for Publicizing Public Notice for Assertion of Claims
Part Three Procedure of Execution
Chapter XIX General Stipulations
Chapter XX Application for Execution and Referral
Chapter XXI Execution Measures
Chapter XXII Suspension and Termination of Execution
Part Four Special Provisions for Civil Proceedings of Cases Involving Foreign Element
Chapter XXIII General Principles
Chapter XXIV Jurisdiction
Chapter XXV Service and Time Periods
Chapter XXVI Property Preservation
Chapter XXVII Arbitration
Chapter XXVIII Judicial Assistance
Part One General Provisions
Chapter I The Aim, Scope of Application and Basic Principles
Article 1 The Civil Procedure Law of the People's Republic of China is formulated on the basis of the Constitution and in the light of the experience and actual conditions of our country in the trial of civil cases.
Ar ticle 2 The Civil Procedure Law of the People’s Republic of China aims to protect the exercise of the litigation rights of the parties and ensure the ascertaining of facts by the people's courts, distinguish right from wrong, apply the law correctly, try civil cases promptly, affirm civil rights and obligations, impose sanctions for civil wrongs, protect the lawful rights and interests of the parties, educate citizens to voluntarily abide by the law, maintain the social and economic order, and guarantee the smooth progress of the socialist construction.
Article 3 In dealing with civil litigation arising from disputes on property and personal relations between citizens, legal persons or other organizations and between the three of them, the peoples' courts shall apply the provisions of this Law.
Article 4 Whoever engages in civil litigation within the territory of the People's Republic of China must abide by this Law.
Article 5 Aliens, stateless persons, foreign enterprises and organizations that bring suits or enter appearance in the people's courts shall have the same litigation rights and obligations as citizens, legal persons and other organizations of the People's Republic of China.
If the courts of a foreign country impose restrictions on the civil litigation rights of the citizens, legal persons and other organizations of the People’s Republic of China, the people's courts of the People's Republic of China shall follow the principle of reciprocity regarding the civil litigation rights of the citizens, enterprises and organizations of that foreign country.
Article 6 The people's courts shall exercise judicial powers with respect to civil cases.
The people's courts shall try civil cases independently in accordance with the law,
and shall be subject to no interference by any administrative organ, public organization or individual.
Article 7 In trying civil cases, the people's courts must base themselves on facts and take the law as the criterion.
Article 8 The parties in civil litigation shall have equal litigation rights. The people's courts shall, in conducting the trials, safeguard their rights, facilitate their exercising the rights, and apply the law equally to them.
Article 9 In trying civil cases, the people's courts shall conduct conciliation for the parties on a voluntary and lawful basis; if conciliation fails, judgments shall be rendered without delay.
Article 10 In trying civil cases, the people's courts shall, according to the provisions of the law, follow the systems of panel hearing, withdrawal, public trial and the court of second instance being that of last instance.
Article 11 Citizens of all nationalities shall have the right to use their native spoken and written languages in civil proceedings.
Where minority nationalities live in aggregation in a community or where several nationalities live together in one area, the people's courts shall conduct hearings and issue legal documents in the spoken and written languages commonly used by the local nationalities.
The people's courts shall provide translations for any participant in the proceedings who is not familiar with the spoken or written languages commonly used by the local nationalities.
Article 12 Parties to civil actions are entitled in the trials by the people's courts to argue for themselves.
Article 13 The parties are free to deal with their own civil rights and litigation rights the way they prefer within the scope provided by the law.
Article 14 The people's procuratorates shall have the right to exercise legal supervision over civil proceedings.
Article 15 Where an act has infringed upon the civil rights and interests of the State, a collective organization or an individual, any State organ, public organization, enterprise or institution may support the injured unit or individual to bring an action in a people's court.
Article 16 The people's conciliation committees shall be mass organizations to conduct conciliation of civil disputes under the guidance of the grass-roots level people's governments and the primary people's courts.
The people's conciliation committee shall conduct conciliation for the parties according to the Law and on a voluntary basis. The parties concerned shall carry out the settlement agreement reached through conciliation; those who decline conciliation or those for whom conciliation has failed or those who have backed out of the settlement agreement may institute legal proceedings in a people's court.
If a people's conciliation committee, in conducting conciliation of civil disputes, acts contrary to the law, rectification shall be made by the people's court Article 17 The people's congresses of the national autonomous regions may formulate, in accordance with the Constitution and the principles of this Law, and in
conjunction with the specific circumstances of the local nationalities, adaptive and supplementary provisions. Such provisions made by an autonomous region shall be submitted to the Standing Committee of the National People's Congress for approval; those made by an autonomous prefecture or autonomous county shall be submitted to the standing committee of the people's congress of the relevant province or autonomous region for approval and to the Standing Committee of the National People's Congress for the record.
Chapter II Jurisdiction
Section 1 Jurisdiction by Forum Level
Article 18 The primary people's courts shall have jurisdiction as courts of first instance over civil cases, unless otherwise provided in this Law.
Article 19 The intermediate people's courts shall have jurisdiction as courts of first instance over the following civil cases:
(1) major cases involving foreign element;
(2) cases that have major impact on the area under their jurisdiction; and
(3) cases as determined by the Supreme People's Court to be under the jurisdiction of the intermediate people's courts.
Article 20 The high people's courts shall have jurisdiction as courts of first instance over civil cases that have major impact on the areas under their jurisdiction.
Article 21 The Supreme People's Court shall have jurisdiction as the court of first instance over the following civil cases:
(1) cases that have major impact on the whole country; and
(2) cases that the Supreme People's Court deems it should try.
Section 2 Territorial Jurisdiction
Article 22 A civil lawsuit brought against a citizen shall be under the jurisdiction of the people's court of the place where the defendant has his domicile; if the place of the defendant's domicile is different from that of his habitual residence, the lawsuit shall be under the jurisdiction of the people's court of the place of his habitual residence.
A civil lawsuit brought against a legal person or any other organization shall be under the jurisdiction of the people's court of the place where the defendant has his domicile.
Where the domiciles or habitual residences of several defendants in the same lawsuit are in the areas under the jurisdiction of two or more people's courts, all of those people's courts shall have jurisdiction over the lawsuit.
Article 23 The civil lawsuits described below shall be under the jurisdiction of the people's court of the place where the plaintiff has his domicile; if the place of the plaintiff’s domicile is different from that of his habitual resi dence, the lawsuit shall be under the jurisdiction of the people's court of the place of the plaintiff's habitual residence:
(1) those concerning personal status brought against persons not residing within the territory of the People's Republic of China;
(2) those concerning the personal status of persons whose whereabouts are unknown or who have been declared as missing.
(3) those brought against persons who are undergoing rehabilitation through labour; and
(4) those brought against persons who are in imprisonment.
Article 24 A lawsuit brought on a contract dispute shall be under the jurisdiction of the people's court of the place where the defendant has his domicile or where the contract is performed.
Article 25 The parties to a contract may agree to choose in their written contract the people's court of the place where the defendant has his domicile, where the contract is performed, where the contract is signed, where the plaintiff has his domicile or where the object of the action is located to exercise jurisdiction over the case, provided that the provisions of this Law regarding jurisdiction by forum level and exclusive jurisdiction are not violated.
Article 26 A lawsuit brought on an insurance contract dispute shall be under the jurisdiction of the people's court of the place where the defendant has his domicile or where the insured object is located.
Article 27 A lawsuit brought on a bill dispute shall be under the jurisdiction of the people's court of the place where the bill is to be paid or where the defendant has his domicile.
Article 28 A lawsuit arising from a dispute over a railway, road, water, or air transport contract or over a combined transport contract shall be under the jurisdiction of the people's court of the place of dispatch or the place of destination or where the defendant has his domicile.
Article 29 A lawsuit brought on a tort action shall be under the jurisdiction of the people's court of the place where the tort is committed or where the defendant has his domicile.
Article 30 A lawsuit brought on claims for damages caused by a railway, road, water transport or air accident shall be under the jurisdiction of the people's court of the place where the accident occurred or where the vehicle or ship first arrived after the accident or where the aircraft first landed after the accident, or where the defendant has his domicile.
Article 31 A lawsuit brought on claims for damages caused by a collision at sea or by any other maritime accident shall be under the jurisdiction of the people's court of the place where the collision occurred or where the ship in collision first docked after the accident or where the ship having inflicted the injury was detained, or where the defendant has his domicile.
Article 32 A lawsuit instituted for expenses of maritime salvage shall be under the jurisdiction of the people's court of the place where the salvage took place or where the salvaged ship first docked after the disaster.
Article 33 A lawsuit brought for general average shall be under the jurisdiction of the people's court of the place where the ship first docked or where the adjustment of general average was conducted or where the voyage ended.
Article 34 The following cases shall be under the exclusive jurisdiction of the people's courts herein specified:
(1) a lawsuit brought on a dispute over real estate shall be under the jurisdiction
of the people's court of the place where the estate is located;
(2) a lawsuit brought on a dispute over harbour operations shall be under the jurisdiction of the people's court of the place where the harbour is located; and
(3) a lawsuit brought on a dispute over succession shall be under the jurisdiction of the people's court of the place where the decedent had his domicile upon his death, or where the principal part of his estate is located.
Article 35 When two or more people's courts have jurisdiction over a lawsuit, the plaintiff may bring his lawsuit in one of these people's courts; if the plaintiff brings the lawsuit in two or more people's courts that have jurisdiction over the lawsuit, the people's court in which the case was first entertained shall have jurisdiction.
Section 3 Transfer and Designation of Jurisdiction
Article 36 If a people's court finds that a case it has entertained is not under its jurisdiction, it shall refer the case to the people's court that has jurisdiction over the case. The people's court to which a case has been referred shall entertain the case, and if it considers that, according to the relevant regulations, the case referred to it is not under its jurisdiction, it shall report to a superior people's court for the designation of jurisdiction and shall not independently refer the case again to another people's court.
Article 37 If a people's court which has jurisdiction over a case is unable to exercise the jurisdiction for special reasons, a superior people's court shall designate another court to exercise jurisdiction.
In the event of a jurisdictional dispute between two or more people's courts, it shall be resolved by the disputing parties through consultation; if the dispute cannot be so resolved, it shall be reported to their common superior people's court for the designation of jurisdiction.
Article 38 If a party to an action objects to the jurisdiction of a people's court after the court has entertained the case, the party must raise the objection within the period prescribed for the submission of defence. The people's court shall examine the objection. If the objection is established, the people's court shall order the case to be transferred to the people's court that has jurisdiction over it; if not, the people's court shall reject it.
Article 39 The people’s courts at higher levels shall have the power to try civil cases over which the people's courts at lower levels have jurisdiction as courts of first instance; they may also transfer civil cases over which they themselves have jurisdiction as courts of first instance to people's courts at lower levels for trial.
If a people's court at a lower level that has jurisdiction over a civil case as court of first instance deems it necessary to have the case to be tried by a people's court at a higher level, it may submit it to and request the people's court at a higher level to try the case.
Chapter III Trial Organization
Article 40 The people's court of first instance shall try civil cases by a collegial panel composed of both judges and judicial assessors or of judges alone. The collegial panel must have an odd number of members.
Civil cases in which summary procedure is followed shall be tried by a single
judge alone.
When performing their duties, the judicial assessors shall have equal rights and obligations as the judges.
Article 41 The people's court of second instance shall try civil cases by a collegial panel of judges. The collegial panel must have an odd number of members.
For the retrial of a remanded case, the people's court of first instance shall form a new collegial panel in accordance with the procedure of first instance.
If a case for retrial was originally tried at first instance, a new collegial panel shall be formed according to the procedure of first instance; if the case was originally tried at second instance or was brought by a people's court at a higher level to it for trial, a new collegial panel shall be formed according to the procedure of second instance.
Article 42 The president of the court or the chief judge of a division of the court shall designate a judge to serve as the presiding judge of the collegial panel; if the president or the chief judge participates in the trial, he himself shall serve as the presiding judge.
Article 43 When deliberating a case, a collegial panel shall observe the rule of majority. The deliberations shall be recorded in writing, and the transcript shall be signed by the members of the collegial panel. Dissenting opinions in the deliberations must be truthfully entered in the transcript.
Article 44 The judicial officers shall deal with all cases impartially and in accordance with the law.
The judicial officers shall not accept any treat or gift from the parties or their agents ad litem.
Any judicial officer who commits embezzlement, accepts bribes, engages in malpractice for personal benefits or who perverts the law in passing judgment shall be investigated for legal responsibility; if the act constitutes a crime, the offender shall be investigated for criminal responsibility according to the law. Chapter IV Withdrawal
Article 45 A judicial officer shall of himself withdraw from the case, and the parties thereto shall be entitled to apply orally or in writing for his withdrawal in any of the following circumstances:
(1) he being a party to the case or a near relative of a party or an agent ad litem in the case;
(2) he being an interested party in the case; or
(3) he having some other kind of relationship with a party to the case, which might affect the impartiality of the trial.
The above provisions shall also apply to clerks, interpreters, expert witnesses and inspection personnel.
Article 46 In applying for the withdrawal, the party shall state the reason and submit the application at the beginning of the proceedings; the application may also be submitted before the closing of arguments in court if the reason for the withdrawal is known to him only after the proceedings begin.
Pending a decision by the people’s court regarding the withdrawal applied for, the judicial officer concerned shall temporarily suspend his participation in the
proceedings, with the exception, however, of cases that require the taking of emergency measures.
Article 47 The withdrawal of the presiding judge who is president of the court shall be decided by the judicial committee; the withdrawal of judicial officers shall be decided by the court president; and the withdrawal of other personnel by the presiding judge.
Article 48 The decision of a people's court on an application made by any party for withdrawal shall be made orally or in writing within three days after the application was made. If the applicant is not satisfied with the decision, he may apply for reconsideration which could be granted only once. During the period of reconsideration, the person whose withdrawal has been applied for shall not suspend his participation in the proceedings. The decision of a people's court on the reconsideration shall be made within three days after receiving the application and the applicant shall be notified of it accordingly.
Chapter V Participants in Proceedings
Section 1 Parties
Article 49 Any citizen, legal person and any other organization may become a party to a civil action.
Legal persons shall be represented by their legal representatives in the litigation. Other organizations shall be represented by their principal heads in the proceedings.
Article 50 Parties to an action shall have the right to appoint agents, apply for withdrawals, collect and provide evidence, proffer arguments, request conciliation, file an appeal and apply for execution.
Parties to an action may have access to materials pertaining to the case and make copies thereof and other legal documents pertaining to the case. The scope of and rules for consulting and making copies of them shall be specified by the Supreme People's Court.
Parties to an action must exercise their litigation rights in accordance with the law, observe the procedures and carry out legally effective written judgments or orders and conciliation statements.
Article 51 The two parties may reach a compromise of their own accord.
Article 52 The plaintiff may relinquish or modify his claims. The defendant may admit or rebut the claims and shall have the right to file counterclaims.
Article 53 When one party or both parties consist of two or more than two persons, their object of action being the same or of the same category and the people's court considers that, with the consent of the parties, the action can be tried combined, it is a joint action.
If a party of two or more persons to a joint action have common rights and obligations with respect to the object of action and the act of any one of them is recognized by the others of the party, such an act shall be valid for all the rest of the party; if a party of two or more persons have no common rights and obligations with respect to the object of action, the act of any one of them shall not be valid for the rest.
Article 54 If the persons comprising a party to a joint action is large in number, the party may elect representatives from among themselves to act for them in the
litigation. The acts of such representatives in the litigation shall be valid for the party they represent. However, modification or waiver of claims or admission of the claims of the other party or pursuing a compromise with the other party by the representatives shall be subject to the consent of the party they represent.
Article 55 Where the object of action is of the same category and the persons comprising one of the parties is large but uncertain in number at the commencement of the action, the people's court may issue a public notice, stating the particulars and claims of the case and informing those entitled to participate in the action to register their rights with the people's court within a fixed period of time.
Those who have registered their rights with the people's court may elect representatives from among themselves to proceed with the litigation; if the election fails its purpose, such representatives may be determined by the people's court through consultation with those who have registered their rights with the court.
The acts of such representatives in the litigation shall be valid for the party they represent; however, modification or waiver of claims or admission of the claims of the other party or pursuing a compromise with the other party by the representatives shall be subject to the consent of the party they represent.
The judgments or written orders rendered by the people's court shall be valid for all those who have registered their rights with the court. Such judgments or written orders shall apply to those who have not registered their rights but have instituted legal proceedings during period of limitation of the action.
Article 56 If a third party considers that he has an independent claim to the object of action of both parties, he shall have the right to bring an action.
Where the outcome of the case will affect a third party's legal interest, such party, though having no independent claim to the object of action of both parties, may file a request to participate in the proceedings or the people's court shall notify the third party to participate. A third party that is to bear civil liability in accordance with the judgment of the people's court shall be entitled to the rights and obligations of a party in litigation.
Section 2 Agents Ad Litem
Article 57 Any person with no legal capacity to engage in litigation shall have his guardian or guardians as statutory agents to act for him in a lawsuit. If the statutory agents try to shift responsibility as agents ad litem upon one another, the people's court shall appoint one of them to represent the person in litigation.
Article 58 A party to an action, or statutory agent may appoint one or two persons to act as his agents ad litem.
A lawyer, a near relative of the party, a person recommended by a relevant social organization or a unit to which the party belongs or any other citizen approved by the people's court may be appointed as the party's agent ad litem.
Article 59 When a person appoints another to act on his behalf in litigation, he must submit to the people's court a power of attorney bearing his signature or seal.
The power of attorney must specify the matters entrusted and the powers conferred. An agent ad litem must obtain special powers from his principal to admit, waive or modify claims, or to compromise or to file a counterclaim or an appeal.
A power of attorney mailed or delivered through others by a citizen of the People's Republic of China residing abroad must be certified by the Chinese embassy or consulate accredited to that country. If there is no Chinese embassy or consulate in that country, the power of attorney must be certified by an embassy or a consulate of a third country accredited to that country that has diplomatic relations with the People's Republic of China, and then transmitted for authentication to the embassy or consulate of the People's Republic of China accredited to that third country, or it must be certified by a local patriotic overseas Chinese organization.
Article 60 A party to an action shall inform the people's court in writing if he changes or revokes the powers of an agent ad litem, and the court shall notify the other party of the change or revocation.
Article 61 A lawyer who serves as an agent ad litem and other agents ad litem shall have the right to investigate and collect evidence, and may have access to materials pertaining to the case. The scope of and rules for consulting materials pertaining to the case shall be specified by the Supreme People's Court.
Article 62 In a divorce case in which the parties to the action have been represented by their agents ad litem, the parties themselves shall still appear in court in person, unless they are incapable of expressing their own will. A party who is truly unable to appear in court due to a special reason shall submit his views in writing to the people's court.
Chapter VI Evidence
Article 63 Evidence shall be classified as follows:
(1) documentary evidence;
(2) material evidence;
(3) audio-visual material;
(4) testimony of witnesses;
(5) statements of the parties;
(6) expert conclusions; and
(7) records of inspection.
The above-mentioned evidence must be verified before it can be taken as a basis for ascertaining a fact.
Article 64 It is the duty of a party to an action to provide evidence in support of his allegations.
If, for objective reasons, a party and his agent ad litem are unable to collect the evidence by themselves or if the people's court considers the evidence necessary for the trial of the case, the people's court shall investigate and collect it.
The people's court shall, in accordance with the procedure prescribed by the law, examine and verify evidence comprehensively and objectively.
Article 65 The people's court shall have the right to make investigation and collect evidence from the relevant units or individuals; such units or individuals may not refuse to provide information and evidence.
The people's court shall verify the authenticity, examine and determine the validity of the certifying documents provided by the relevant units or individuals.
Article 66 Evidence shall be presented in court and cross-examined by the
parties concerned. But evidence that involves State secrets, trade secrets and personal privacy shall be kept confidential. If it needs to be presented in court, such evidence shall not be presented in an open court session.
Article 67 The people's court shall take the acts, facts and documents legalized by notarization according to legal procedures as the basis for ascertaining facts, unless there is evidence to the contrary sufficient to invalidate the notarization.
Article 68 Any document submitted as evidence must be the original. Material evidence must also be original. If it is truly difficult to present the original document or thing, then reproductions, photographs, duplicates or extracts of the original may be submitted.
If a document in a foreign language is submitted as evidence, a Chinese translation must be appended.
Article 69 The people's court shall verify audio-visual material and determine after their examination in the light of other evidence in the case whether they can be taken as a basis for ascertaining the facts.
Article 70 All units and individuals who have knowledge of a case shall be under the obligation of giving testimony in court. Responsible heads of the relevant units shall support the witnesses to give testimony. When it is truly difficult for a witness to appear in court, he may, with the consent of the people's court, submit a written testimony.
Any person who is incapable of expressing his will properly shall not give testimony.
Article 71 The people's court shall examine the statements of the parties concerned in the light of other evidence in the case to determine whether the statements can be taken as a basis for ascertaining the facts.
The refusal of a party to make statements shall not prevent the people's court from ascertaining the facts of a case on the basis of other evidence.
Article 72 When the people's court deems it necessary to make an expert evaluation of a problem of a technical nature, it shall refer the problem to a department stipulated by the law for the evaluation. In the absence of such a department, the people's court shall appoint one to make the expert evaluation.
The evaluation department and the experts designated by the department shall have the right to consult the materials of the case necessary for the evaluation and question the parties and witnesses when circumstances so require.
The authorized department and the experts it designated shall present a written conclusion of the evaluation duly sealed or signed by both. If the evaluation is made by an expert alone, the unit to which the expert belongs shall certify his status by affixing its seal to the expert's conclusion.
Article 73 When inspecting material evidence or a site, the inspector must produce his papers issued by a people's court. He shall request the local grass-roots organization or the unit to which the party to the action belongs to send persons to participate in the inspection. The party concerned or an adult member of his family shall be present; their refusal to appear on the scene, however, shall not hinder the inspection.
Upon notification by the people's court, the relevant units and individuals shall be under the obligation of preserving the site and assisting the inspection.
The inspector shall make a written record of the circumstances and results of the inspection, which shall be duly signed or sealed by the inspector, the party concerned and the participants requested to be present.
Article 74 Under circumstances where there is a likelihood that evidence may be destroyed or lost, or difficult to obtain later, the participants in the proceedings may apply to the people's court for preservation of the evidence. The people's court may also on its own initiative take measures to preserve such evidence.
Chapter VII Time Periods and Service
Section 1 Time Periods
Article 75 Time periods shall include those prescribed by the law and those designated by a people's court.
Time periods shall be calculated by the hour, the day, the month and the year. The hour and day from which a time period begins shall not be counted as within the time period.
If the expiration date of a time period falls on a holiday, then the day immediately following the holiday shall be regarded as the expiration date.
A time period shall not include traveling time. A litigation document that is mailed before the deadline shall not be regarded as overdue.
Article 76 In case of failure on the part of a party to an action to meet a deadline due to force majeure or for other justified reasons, the party concerned may apply for an extension of the time limit within 10 days after the obstacle is removed. The extension applied for shall be subject to approval by a people's court.
Section 2 Service
Article 77 A receipt shall be required for every litigation document that is served and it shall bear the date of receipt noted by the signature or seal of the person on whom the document was served.
The date noted on the receipt by the person on whom the document was served shall be regarded as the date of service of the document.
Article 78 Litigation documents shall be sent or delivered directly to the person on whom they are to be served. If that person is a citizen, the documents shall, in case of his absence, be receipted by an adult member of his family living with him. If the person on whom they are to be served is a legal person or any other organization, the documents shall be receipted by the legal representatives of the legal person or the principal heads of the other organization or anyone of the legal person or the other organization responsible for receiving such documents; if the person on whom they are to be served has an agent ad litem, the documents may be receipted by the agent ad litem; if the person on whom they are to be served has designated a person to receive litigation documents on his behalf and has informed the people's court of it, the documents shall be receipted by the person designated.
The date put down in the receipt and signed by the adult family member living with the person on whom the litigation documents are to be served, or by the person responsible for receiving documents of a legal person or any other organization, or by
the agent ad litem , or the person designated to receive documents shall be deemed the date of service of the documents.
Article 79 If the person on whom the litigation documents are to be served or the adult family member living with him refuses to receive the documents, the person serving the documents shall ask representatives from the relevant grass-roots organization or the unit to which the person on whom the documents are to be served belongs to appear on the scene, explain the situation to them, and record on the receipt the reasons of the refusal and the date of it. After the person serving the documents and the witnesses have affixed their signatures or seals to the receipt, the documents shall be left at the place where the person on whom they are to be served lives and the service shall be deemed completed.
Article 80 If direct service proves to be difficult, service of litigation documents may be entrusted to another people's court, or done by mail. If the documents are served by mail, the date of receiving such documents stated on the receipt for postal delivery shall be deemed the date of service of the documents.
Article 81 If the person on whom the litigation documents are to be served is a serviceman, the documents shall be forwarded to him through the political organ of the unit at or above the regimental level in the force to which he belongs.
Article 82 If the person on whom the litigation documents are to be served is in imprisonment, the documents shall be forwarded to him through the prison authorities or the unit of reform through labour where the person is serving his term.
If the person on whom the litigation documents are to be served is undergoing rehabilitation through labour, the documents shall be forwarded to him through the unit of his rehabilitation through labour.
Article 83 The organization or unit that receives the litigation documents to be forwarded must immediately deliver them to and have them receipted by the person on whom they are to be served. The date stated on the receipt shall be deemed the date of service of the documents.
Article 84 If the whereabouts of the person on whom the litigation documents are to be served is unknown, or if the documents cannot be served by the other methods specified in this Section, the documents shall be served by public announcement. Sixty days after the date of making a public announcement, the documents shall be deemed to have been served.
The reasons for service by public announcement and the process gone through shall be recorded in the case files.
Chapter VIII Conciliation
Article 85 In the trial of civil cases, the people's court shall distinguish between right and wrong on the basis of the facts being clear and conduct conciliation between the parties on a voluntary basis.
Article 86 When a people's court conducts conciliation, a single judge or a collegial panel may preside over it. Conciliation shall be conducted on the spot as much as possible.
When a people's court conducts conciliation, it may employ simplified methods to notify the parties concerned and the witnesses to appear in court.
Article 87 When a people's court conducts conciliation, it may invite the units or individuals concerned to come to its assistance. The units or individuals invited shall assist the people's court in conciliation.
Article 88 A settlement agreement reached between the two parties through conciliation must be of their own free will and without compulsion. The content of the settlement agreement shall not contravene the law.
Article 89 When a settlement agreement through conciliation is reached, the people's court shall draw up a conciliation statement. The conciliation statement shall clearly set forth the claims, the facts of the case, and the result of the conciliation.
The conciliation statement shall be signed by the judges and the court clerk, sealed by the people's court, and served on both parties.
Once it is receipted by the two parties concerned, the conciliation statement shall become legally effective.
Article 90 The people's court need not draw up a conciliation statement for the following cases when a settlement agreement is reached through conciliation:
(1) divorce cases in which both parties have become reconciled after conciliation;
(2) cases in which adoptive relationship has been maintained through conciliation;
(3) cases in which the claims can be immediately satisfied; and
(4) other cases that do not require a conciliation statement.
Any settlement agreement that needs no conciliation statement shall be entered into the written record and shall become legally effective after being signed or sealed by both parties concerned, by the judge and by the court clerk.
Article 91 If no agreement is reached through conciliation or if either party backs out of the settlement agreement before the conciliation statement is served, the people's court shall render a judgment without delay.
Chapter IX Property Preservation and Advance Execution
Article 92 In the cases where the execution of a judgment may become impossible or difficult because of the acts of either party or for other reasons, the people's court may, at the application of the other party, order the adoption of measures for property preservation. In the absence of such application, the people's court may of itself, when necessary, order the adoption of measures for property preservation.
In adopting property preservation measures, the people's court may enjoin the applicant to provide security; if the applicant fails to do so, his application shall be rejected.
After receiving an application, the people's court must, if the case is urgent, make an order within 48 hours; if the order for the adoption of property preservation measures is made, the execution thereof shall begin immediately.
Article 93 Any interested party whose lawful rights and interests would, due to urgent circumstances, suffer irretrievable damage without immediately applying for property preservation, may, before filing a lawsuit, apply to the people's court for the adoption of property preservation measures. The applicant must provide security; if he fails to do so, his application shall be rejected.
After receiving an application, the people's court must make an order within 48
hours; if the court orders the adoption of property preservation measures, the execution thereof shall begin immediately.
If the applicant fails to bring an action within 15 days after the people's court has adopted the preservation measures, the people's court shall cancel the property preservation.
Article 94 Property preservation shall be limited to the scope of the claims or to the property relevant to the case.
Property preservation shall be effected by sealing up, distraining, freezing or other methods as prescribed by the law.
After the people's court has frozen the property, it shall promptly notify the person whose property has been frozen.
The property that has already been sealed up or frozen shall not be sealed up or frozen for a second time.
Article 95 If the person against whom the application for property preservation is made provides security, the people's court shall cancel the property preservation.
Article 96 If an application for property preservation is wrongfully made, the applicant shall compensate the person against whom the application is made for any loss incurred from property preservation.
Article 97 The people's court may, upon application of the party concerned, order advance execution in respect of the following cases:
(1) those involving claims for alimony, support for children or elders, pension for the disabled or the family of a decedent, or expenses for medical care;
(2) those involving claims for remuneration for labour; and
(3) those involving urgent circumstances that require advance execution.
Article 98 Cases in which advance execution is ordered by the people's court shall meet the following conditions:
(1) the relationship of rights and obligations between the parties concerned is clear and definite, and denial of advance execution would seriously affect the livelihood or production operations of the applicant; and
(2) the person against whom the application for advance execution is made is capable of fulfilling his obligations.
The people's court may enjoin the applicant to provide security; if the applicant fails to do so, his application shall be rejected. If the applicant loses the lawsuit, he shall compensate the person against whom the application is made for any loss of property incurred from the advance execution.
Article 99 If the party concerned is not satisfied with the order made on property preservation or execution, he may apply for reconsideration which could be granted only once. Execution of the order shall not be suspended during the time of reconsideration.
Chapter X Compulsory Measures Against Obstruction of Civil Proceedings
Article 100 If a defendant is required to appear in court, but, having been served twice with summons, still refuses to do so without justified reason, the people's court may constrain him to appear in court by a peremptory writ.
Article 101 Participants and other persons in the court proceedings shall abide by
the court rules.
If a person violates the court rules, the people's court may reprimand him, or order him to leave the courtroom, or impose a fine on or detain him.
A person who seriously disrupts court order by making an uproar in the court or rushing at it, or insulting, slandering, threatening, or assaulting the judicial officers, shall be investigated for criminal responsibility by the people's court according to the law; if the offence is a minor one, the offender shall be detained or a fine imposed on him.
Article 102 If a participant or any other person in the proceedings commits any one of the following acts, the people's court shall, according to the seriousness of the act, impose a fine on him or detain him; if the act constitutes a crime, the offender shall be investigated for criminal responsibility according to law.
(1) forging or destroying important evidence, which would obstruct the trial of a case by the people's court;
(2) using violence, threats or subornation to prevent a witness from giving testimony, or instigating, suborning, or coercing others to commit perjury;
(3) concealing, transferring, selling or destroying property that has been sealed up or distrained, or property of which an inventory has been made and which has been put under his care according to court instruction, or transferring the property that has been frozen;
(4) insulting, slandering, incriminating with false charges, assaulting or maliciously retaliating against judicial officers or personnel, participants in the proceedings, witnesses, interpreters, evaluation experts, inspectors, or personnel assisting in execution;
(5) using violence, threats or other means to hinder judicial officers or personnel from performing their duties; or
(6) refusing to carry out legally effective judgments or orders of the people's court.
With respect to a unit that commits any one of the acts specified above, the people's court may impose a fine on or detain its principal heads or the person who are held actually responsible for the act; if the act constitutes a crime, investigations for criminal responsibility shall be made according to the law.
Article 103 Where a unit which is under an obligation to assist in investigation and execution commits any one of the following acts, the people's court may, apart from enjoining it to perform its obligation, also impose a fine:
(1) refusing or obstructing the investigation and collection of evidence by the people's court;
(2) refusing by banks, credit cooperatives or other units dealing with savings deposit, after receiving a notice for assistance in execution from the people's court, to assist in inquiring into, freezing or transferring the relevant deposit.
(3) refusing by the unit concerned, after receiving a notice for assistance in execution from the people's court, to assist in withholding the income of the party subject to execution, in going through the formalities of transferring the relevant certificates of property rights or in transferring the relevant negotiable instruments, certificates, or other property; or
(4) refusing to provide other obligatory assistance in the execution.
With respect to a unit that commits any one of the acts specified above, the people’s court may impose a fine on its principal heads or the persons who are held actually responsible for the act; it may detain them if they still refuse to perform the obligation to provide assistance; and it may, in addition, put forward a judicial proposal to the supervisory organ or the relevant organ that disciplinary sanctions are imposed on them.
Article 104 A fine on an individual shall be not more than RMB 10,000 yuan. A fine on a unit shall be not less than 10,000 yuan and not more than 300,000 yuan.
The period of detention shall not be longer than 15 days.
The people's court shall deliver detained persons to a public security organ for custody. The people's court may decide to advance the time of release, if the detainee admits and mends his wrongdoings.
Article 105 Constrained appearance in court, imposition of a fine or detention shall be subject to the approval of the president of the people’s court.
A peremptory writ shall be issued for constraining appearance in court.
A decision in writing shall be made for the imposition of a fine or detention. The offender, if dissatisfied with the decision, may apply to a people's court at a higher level for reconsideration which could be granted only once. The execution of the decision shall not be suspended during the time of reconsideration.
Article 106 Decision on the adoption of compulsory measures against obstruction of proceedings shall be made only by the people's court. Any unit or individual that extorts repayment of a debt by illegal detention of a person or illegal distrainment of property shall be investigated for criminal responsibility according to the law, or shall be punished with detention or a fine.
Chapter XI Litigation Costs
Article 107 Any party filing a civil lawsuit shall pay court costs according to the rules. For property cases, the party shall pay other fees in addition to the court costs.
Any party that has genuine difficulty in paying litigation costs may, according to the relevant rules, apply to the people's court for deferment or reduction of the payment or for its exemption.
Particulars for payment of litigation costs shall be laid down separately.
Part Two Trial Procedure
Chapter XII Ordinary Procedure of First Instance
Section 1 Bringing a Lawsuit and Entertaining a Case
Article 108 The following conditions must be met when a lawsuit is brought:
(1) the plaintiff must be a citizen, legal person or any other organization that has a direct interest in the case;
(2) there must be a definite defendant;
(3) there must be specific claim or claims, facts, and cause or causes for the suit; and
(4) the suit must be within the scope of acceptance for civil actions by the people's courts and under the jurisdiction of the people's court where the suit is entertained.
Article 109 When a lawsuit is brought, a statement of complaint shall be submitted to the people's court, and copies of the statement shall be provided according to the number of defendants.
If the plaintiff has genuine difficulty in presenting the statement of complaint in writing, he may state his complaint orally; the people's court shall transcribe the complaint and inform the other party of it accordingly.
Article 110 A statement of complaint shall clearly set forth the following:
(1) the name, sex, age, ethnic status, occupation, work unit and home address of the parties to the case; if the parties are legal persons or any other organizations, their names, addresses and the names and posts of the legal representatives or the principal heads.
(2) the claim or claims of the suit, the facts and grounds on which the suit is based; and
(3) the evidence and its source, as well as the names and home addresses of the witnesses.
Article 111 The people's court must entertain the lawsuits filed in conformity with the provisions of Article 108 of this Law. With respect to lawsuits described below, the people's court shall deal with them in the light of their specific circumstances:
(1) For a lawsuit within the scope of administrative actions in accordance with the provisions of the Administrative Procedure Law, the people's court shall advise the plaintiff to institute administrative proceedings;
(2) If, according to the law, both parties have on a voluntary basis reached a written agreement to submit their contract dispute to an arbitral organ for arbitration, they may not institute legal proceedings in a people's court. The people's court shall advise the plaintiff to apply to the arbitral organ for arbitration;
(3) In case of disputes which, according to the law, shall be dealt with by other organs, the people's court shall advise the plaintiff to apply to the relevant organ for settlement;
(4) With respect to cases that are not under its jurisdiction, the people's court shall advise the plaintiff to bring a lawsuit in the competent people's court;
(5) With respect to cases in which a judgment or order has already taken legal effect, but either party brings a suit again, the people's court shall advise that party to file an appeal instead, except when the order of the people's court is one that permits the withdrawal of a suit;
(6) with respect to an action that may not be filed within a specified period according to the law, it shall not be entertained, if it is filed during that period.
(7) In a divorce case in which a judgment has been made disallowing the divorce, or in which both parties have become reconciled after conciliation, or in a case concerning adoptive relationship in which a judgment has been made or conciliation has been successfully conducted to maintain the adoptive relationship, if the plaintiff files a suit again within six months in the absence of any new developments or new reasons, it shall not be entertained.
Article 112 When a people's court receives a statement of complaint or an oral complaint and finds after examination that it meets the requirements for acceptance,
the court shall place the case on the docket within seven days and notify the parties concerned; if it does not meet the requirements for acceptance, the court shall make an order within seven days to reject it. The plaintiff, if not satisfied with the order, may file an appeal.
Section 2 Preparations for Trial
Article 113 The people's court shall send a copy of the statement of complaint to the defendant within five days from the date of docketing the case, and the defendant shall file a statement of defence within 15 days from the date of receipt of the copy of the statement of complaint.
When the defendant files a defence, the people's court shall send a copy of it to the plaintiff within five days from the date of its receipt. Failure by the defendant to file a defence shall not prevent the case from being tried by the people's court.
Article 114 The people's court shall, with respect to cases whose acceptance has been decided, inform the parties in the notification of acceptance and in the notification calling for response to the action of their relevant litigation rights and obligations of which the parties may likewise be informed orally.
Article 115 The parties shall be notified within three days after the members of the collegial panel are determined.
Article 116 The judicial officers must carefully examine and verify the case materials and carry out investigations and collection of necessary evidence.
Article 117 The personnel sent by a people's court to conduct investigations shall produce their papers before the person to be investigated.
The written record of an investigation shall be checked by the person investigated and then signed or sealed by both the investigator and the investigated.
Article 118 A people's court may, when necessary, entrust a people's court in another locality with the investigations.
The entrusting people's court shall clearly set out the matters for and requirements of the entrusted investigations. The entrusted people's court may on its own initiative conduct supplementary investigations.
The entrusted people's court shall complete the investigations within 30 days after receiving the commission in writing. If for some reasons it cannot complete the investigations, the said people's court shall notify the entrusting people's court in writing within the above-mentioned time limit.
Article 119 If a party who must participate in a joint action fails to participate in the proceedings, the people's court shall notify him to participate.
Section 3 Trial in Court
Article 120 Civil cases shall be tried in public, except for those that involve State secrets or personal privacy or are to be tried otherwise as provided by the law.
A divorce case or a case involving trade secrets may not be heard in public if a party so requests.
Article 121 For civil cases, the people's court shall, whenever necessary, go on circuit to hold trials on the spot.
Article 122 For civil cases, the people's court shall notify the parties and other participants in the proceedings three days before the opening of a court session. If a
case is to be tried in public, the names of the parties, the cause of action and the time and location of the court session shall be announced publicly.
Article 123 Before a court session is called to order, the court clerk shall ascertain whether or not the parties and other participants in the proceedings are present and announce the rules of order of the court.
At the beginning of a court session, the presiding judge shall check the parties present, announce the cause of action and the names of the judicial officers and court clerks, inform the parties of their relevant litigation rights and obligations and ask the parties whether or not they wish to apply for the withdrawal of any court personnel.
Article 124 Court investigation shall be conducted in the following order:
(1) statements by the parties;
(2) informing the witnesses of their rights and obligations, giving testimony by the witnesses and reading of the written statements of absentee witnesses;
(3) presentation of documentary evidence, material evidence and audio-visual material;
(4) reading of expert conclusions; and
(5) reading of records of inspection.
Article 125 The parties may present new evidence during a court session.
With the permission of the court, the parties may put questions to witnesses, expert witnesses and inspectors.
Any request by the parties concerned for a new investigation, expert evaluation or inspection shall be subject to the approval of the people's court.
Article 126 Additional claims by the plaintiff, counterclaims by the defendant and third-party claims related to the case may be tried in combination.
Article 127 Court debate shall be conducted in the following order:
(1) oral statements by the plaintiff and his agents ad litem;
(2) defence by the defendant and his agents ad litem;
(3) oral statement or defence by the third party and his agents ad litem; and
(4) debate between the two sides.
At the end of the court debate, the presiding judge shall ask each side, first the plaintiff, then the defendant, and then the third party, for their final opinion respectively.
Article 128 At the end of the court debate, a judgment shall be made according to the law. Where conciliation is possible prior to the rendering of a judgment, conciliation efforts may be made; if conciliation proves to be unsuccessful, a judgment shall be made without delay.
Article 129 If a plaintiff, having been served with a summons, refuses to appear in court without justified reasons, or if he withdraws during a court session without the permission of the court, the case may be considered as withdrawn by him; if the defendant files a counterclaim in the mean time, the court may make a judgment by default.
Article 130 If a defendant, having been served with a summons, refuses to appear in court without justified reasons, or if he withdraws during a court session without the permission of the court, the court may make a judgment by default.
Article 131 If a plaintiff applies for withdrawal of the case before the judgment is
2007年9月 第5期浙 江 教 育 学 院 学 报JOURNAL OF ZHEJIANG EDUCATION INSTITUTE Septe mber 2007No 5 收稿日期:2007-08-04 作者简介:李晨(1970-),男,江苏南通人,浙江教育学院艺术学院音乐系讲师。陆在易艺术歌曲 桥 的钢琴伴奏研究 李 晨 (浙江教育学院艺术学院,浙江杭州310012) 摘 要:钢琴伴奏声部是艺术歌曲的重要组成部分,其地位是与演唱声部等同 的,这是艺术歌曲在创作上的重要特点。陆在易所作艺术歌曲 桥 的钢琴伴奏部分 在和弦写作多样化与音型、节奏的合理布局等方面都体现了伴奏在歌曲中的重要性。 关键词:陆在易; 桥 ;艺术歌曲;钢琴伴奏 中图分类号:G614 7 文献标识码:A 文章编号:1671-6574(2007)05-0093-04 艺术歌曲源自18世纪末19世纪初,是欧洲盛行的一种抒情歌曲,它有一些区别于其他类型歌曲的特征:(1)它的歌词是具有较高艺术性的文学作品。(2)它的声乐部分与器乐部分是不可分割的整体,钢琴或乐队部分起的作用绝不只是单纯的伴奏,而是与演唱者平等的 演奏者 [1]。这些特征可以从国外古典时期及浪漫时期的艺术歌曲中发现,如:贝多芬、舒伯特、拉赫玛尼诺夫等人的作品。中国的艺术歌曲起步较晚,但从一开始就具有既借鉴外国艺术歌曲的表现手法,又注意与我国的民族语言、民族气质和民族情感表达方式相结合的特点[2],如赵元任的 教我如何不想她 、张肖虎的 声声慢 等。从上世纪80年代初起,我国逐渐涌现出一些优秀的艺术歌曲作家,陆在易就是其中的佼佼者。 桥 [3]是陆在易创作于1981年的一首艺术歌曲,描绘的是一幅游子眼中的江南水乡风情画卷,钢琴伴奏部分的写作无论从中西风格的结合,还是音型的安排等都恰到好处地衬托了歌曲所要表达的意境。正是因为钢琴伴奏部分与歌曲融为一体,因此,这首歌曲就像呈现在听觉世界里的一幅江南水墨画,写意与具象并举,浓墨与淡彩共存,令人遐想无限。本文将从两方面对 桥 的钢琴伴奏部分进行分析。 一、和弦多样化 歌曲除了前奏为小调式之外,基本以大调式为主线贯穿全曲,伴奏部分的写作中穿插色彩变音,使歌曲的风格从纵向上呈现出多样化,暗合了江南风景中 一步一景 的特点。 表1 前奏中的和弦性质 小节 和 弦1 2 3 4 5 6 7 8 9 10 11 九和弦 大七和弦 小三和弦小三和弦 减三和弦小三和弦 大七和弦减小七和弦 小三和弦小三和弦 大三和弦 减三和弦小三和弦 大小七和弦带倚音的小三和弦 小三和弦
英美文学专业开题报告 引导语：各民族的文学中都有许多惊险、恐怖的故事,但似乎没有哪一种文学像英美文学那样不仅创作出数量众多、质量优秀的恐怖文学作品,而且还形成了一个持续发展、影响广泛的哥特传统。以下 是的为大家找到的英美文学专业开题报告。希望能够帮助到大家! 论文题目theApplicationandInnovation 一、选题的意义和研究现状 1.选题的目的、理论意义和现实意义长时期以来,人们视艾米莉?勃朗特为英国文学中的“斯芬克斯”。关于她本人和她的作品都有很多难解之谜,许多评论家从不同的角度、采用不同的方法去研究,得出了不同的结论,因而往往是旧谜刚解,新谜又出,解谜热潮似永无休止。 本文立足于欧美文学中的哥特传统研究《呼啸山庄》的创作源泉,指出艾米莉?勃朗特在主题、人物形象、环境刻画、意象及情节构造等方面都借鉴了哥特传统,同时凭借其超乎寻常的想象力,将现实 与超现实融为一体,给陈旧的形式注入了激烈情感、心理深度和新鲜 活力,达到了哥特形式与激情内容的完美统一,使《呼啸山庄》既超越了哥特体裁的“黑色浪漫主义”,又超越了维多利亚时代的“现实主义”,从而展现出独具一格、经久不衰的艺术魅力。 2.与选题相关的国内外研究和发展概况 各民族的文学中都有许多惊险、恐怖的故事,但似乎没有哪一种文学像英美文学那样不仅创作出数量众多、质量优秀的恐怖文学作品,而且还形成了一个持续发展、影响广泛的哥特传统
(Gothictradition)。哥特文学现在已经成为英美文学研究中的一个重要领域。对哥特文学的认真研究开始于20世纪二三十年代,到70年代以后,由于新的学术思潮和文学批评观念的影响,该研究出现了前所未有而且日趋高涨的热潮。 根据在国际互联网上的搜索,到2000年9月为止,英美等国的学者除发表了大量关于哥特文学的论文外,还至少出版专著达184部,其中1970年以后为126部,仅90年代就达59部,几乎占总数的三分之一。当然,近年来哥特文学研究的状况不仅在于研究成果迅速增加,更重要的是它在深度和广度方面都大为拓展,并且把哥特传统同英美乃至欧洲的历史、社会、文化和文学的总体发展结合起来。 二、研究方案 1.研究的基本内容及预期的结果(大纲)研究的基本内容:本文立足于欧美文学中的哥特传统研究《呼啸山庄》的创作源泉,指出艾米莉?勃朗特在主题、人物形象、环境刻画、意象及情节构造等方面都借鉴了哥特传统,同时凭借其超乎寻常的想象力,将现实与超现实融为一体,给陈旧的形式注入了激烈情感、心理深度和新鲜活力,达到了哥特形式与激情内容的完美统一,使《呼啸山庄》既超越了哥特体裁的“黑色浪漫主义”,又超越了维多利亚时代的“现实主义”,从而展现出独具一格、经久不衰的艺术魅力。 预期的结果(大纲): 1.ASurveyofGothic1.1DefinitionofGothic 1.2theOriginofGothicNovels
教育资料 《短歌行》 《短歌行》赏析(林庚) 曹操这一首《短歌行》是建安时代杰出的名作，它代表着人生的两面，一方面是人生的忧患，一方面是人生的欢乐。而所谓两面也就是人生的全面。整个的人生中自然含有一个生活的态度，这就具体地表现在成为《楚辞》与《诗经》传统的产儿。它一方面不失为《楚辞》中永恒的追求，一方面不失为一个平实的生活表现，因而也就为建安诗坛铺平了道路。 这首诗从“对酒当歌，人生几何”到“但为君故，沉吟至今”，充分表现着《楚辞》里的哀怨。一方面是人生的无常，一方面是永恒的渴望。而“呦呦鹿鸣”以下四句却是尽情的欢乐。你不晓得何以由哀怨这一端忽然会走到欢乐那一端去，转折得天衣无缝，仿佛本来就该是这么一回事似的。这才是真正的人生的感受。这一段如是，下一段也如是。“明明如月，何时可掇?忧从中来，不可断绝。越陌度阡，枉用相存。契阔谈宴，心念旧恩。月明星稀，乌鹊南飞。绕树三匝，何枝可依。”缠绵的情调，把你又带回更深的哀怨中去。但“山不厌高，海不厌深”，终于走入“周公吐哺，天下归心”的结论。上下两段是一个章法，但是你并不觉得重复，你只觉得卷在悲哀与欢乐的旋涡中，不知道什么时候悲哀没有了，变成欢乐，也不知道什么时候欢乐没有了，又变成悲哀，这岂不是一个整个的人生吗?把整个的人生表现在一个刹那的感觉上，又都归于一个最实在的生活上。“我有嘉宾，鼓瑟吹笙”，不正是当时的情景吗?“周公吐哺，天下归心”，不正是当时的信心吗? “青青子衿”到“鼓瑟吹笙”两段连贯之妙，古今无二。《诗经》中现成的句法一变而有了《楚辞》的精神，全在“沉吟至今”的点窜，那是“青青子衿”的更深的解释，《诗经》与《楚辞》因此才有了更深的默契，从《楚辞》又回到《诗经》，这样与《鹿鸣》之诗乃打成一片，这是一个完满的行程，也便是人生旅程的意义。“月明星稀”何以会变成“山不厌高，海不厌深”?几乎更不可解。莫非由于“明月出天山”，“海上生明月”吗?古辞说：“枯桑知天风，海水知天寒”，枯桑何以知天风，因为它高；海水何以知天寒，因为它深。唐人诗“一叶落知天下秋”，我们对于宇宙万有正应该有一个“知”字。然则既然是山，岂可不高?既然是海，岂可不深呢?“并刀如水，吴盐胜雪”，既是刀，就应该雪亮；既是盐，就应该雪白，那么就不必问山与海了。 山海之情，成为漫漫旅程的归宿，这不但是乌鹊南飞，且成为人生的思慕。山既尽其高，海既尽其深。人在其中乃有一颗赤子的心。孟子主尽性，因此养成他浩然之气。天下所以归心，我们乃不觉得是一个夸张。 .
英语选修7 黑体字单词abandon 遗弃，放弃abundant 丰富的 access 接近的方法通路可接近性 accompany 陪伴伴奏acknowledge 承认确认答谢adapt 使适应改编adapt to 适合 adequate 足够的充分的adjust 调整使适合 adjust to 适应调节alarm 使警觉使惊恐警报惊恐all in all 总而言之all the best（祝你）一切顺利ambition 雄心野心annoy使……不悦:烦恼 annoyed 颇为生气的annual 每年的年刊 the Antarctic 南极洲as far as one is concerned 就……而言 as well as 和，也 set aside 将……放在一边为……节省 aware意识到的 be/become aware of 对……知道明白意识到…… (be) dying to 极想渴望beneficial 有益的受益的 bound一定的密切相关的be bound to 一定做…… click （使）发出咔哒声comfort舒适，安慰 conduct 行为品行指挥contradict 反驳 day in and day out 日复一日declare 宣布声明表明 desire 渴望欲望渴求distribute 分配分发 divorce 离婚断绝关系donate 捐赠
draft 草稿drag 拖拉扯 dry out 使浸水之物完全变干dry up 干涸 favour 喜爱恩惠fit in 相适合相融合 govern 统治hear from 接到……的信 help(…)out 帮之某人摆脱困境或危难 in all 一共in many ways 在很多方面 in need 在困境中in other words换句话说 junior 较年幼的资历较浅的地位较低的 keep it up 保持成绩优秀继续干下去 leave … alone不管别惹让……一个人呆着和……单独在一起make fun of 取消meet with 遇到会晤经历 neat 好的整齐的匀称的never mind 不必担心obey 服从occupy 占用占领占据 otherwise 否则不然用别的方法 out of breath 上气不接下气 out of the question 不可能的不值得讨论 participate 参加参与pause 暂停终止recommend 推荐建议reflect 思考 relevant 有关的resign 辞去 ring up 给…..打电话scare 恐吓使恐吓 (be)scare to death 吓死了 settle in （迁入新居，更换工作后）安顿下来
2014 Final Exam Study Guide for American Literature Class Plan of Final Exam 1.Best Choice Question 10% 2.True or False Question 10% 3.Definition 10% 4.Give Brief Answers to Questions 30% 5.Critical Comments 40% American Literature Review Poe’s Poetic Ideas; Major Ideas in Emerson’s “Nature”; Whitman’s Style; Formal Features of Dickinson’s Poetry; Analysis of “Miniver Cheevy” by Edwin Arlington Robinson; Comment on “Stopping by Woods on a Snowy Evening” by Robert Frost; Naturalistic reading of Sister Carrie by Theodore Dreiser; The Theme and Techniques in Eliot’s “The Waste Land”; Theme and Technique in The Great Gatsby by Fitzgerald; Comment on Hemingway’s style and theme in A Farewell to Arms; Analysis of “Dry September” by William Faulkner; Literary terms: Transcendentalism American Naturalism The Lost Generation The Jazz Age Free Verse The Iceberg Analogy
曹操《短歌行【对酒当歌】》原文、翻译、赏析译文 原文 面对美酒应该高歌，人生短促日月如梭。对酒当歌，人生几何？ 好比晨露转瞬即逝，失去的时日实在太多！譬如朝露，去日苦多。 席上歌声激昂慷慨，忧郁长久填满心窝。慨当以慷，忧思难忘。 靠什么来排解忧闷？唯有狂饮方可解脱。何以解忧？唯有杜康。 那穿着青领（周代学士的服装）的学子哟，你们令我朝夕思慕。青青子衿，悠悠我心。 正是因为你们的缘故，我一直低唱着《子衿》歌。但为君故，沉吟至今。 阳光下鹿群呦呦欢鸣，悠然自得啃食在绿坡。呦呦鹿鸣，食野之苹。 一旦四方贤才光临舍下，我将奏瑟吹笙宴请宾客。我有嘉宾，鼓瑟吹笙。 当空悬挂的皓月哟，你运转着，永不停止；明明如月，何时可掇？ 我久蓄于怀的忧愤哟，突然喷涌而出汇成长河。忧从中来，不可断绝。 远方宾客踏着田间小路，一个个屈驾前来探望我。越陌度阡，枉用相存。 彼此久别重逢谈心宴饮，争着将往日的情谊诉说。契阔谈讌，心念旧恩。 明月升起，星星闪烁，一群寻巢乌鹊向南飞去。月明星稀，乌鹊南飞。 绕树飞了三周却没敛绕树三匝，何枝
翅，哪里才有它们栖身之 所？ 可依？ 高山不辞土石才见巍 峨，大海不弃涓流才见壮阔。（比喻用人要“唯才是举”，多多益善。）山不厌高，水不厌深。 只有像周公那样礼待贤 才（周公见到贤才，吐出口 中正在咀嚼的食物，马上接 待。《史记》载周公自谓： “一沐三握发，一饭三吐哺， 犹恐失天下之贤。”），才 能使天下人心都归向我。 周公吐哺，天 赏析 曹操是汉末杰出的政治家、军事家和文学家，他雅好诗章，好作乐府歌辞，今存诗22首，全是乐府诗。曹操的乐府诗多描写他本人的政治主张和统一天下的雄心壮志。如他的《短歌行》，充分表达了诗人求贤若渴以及统一天下的壮志。 《短歌行》是政治性很强的诗作，主要是为曹操当时所实行的政治路线和政策策略服务的，但是作者将政治内容和意义完全熔铸在浓郁的抒情意境之中，全诗充分发挥了诗歌创作的特长，准确而巧妙地运用了比兴手法，寓理于情，以情感人。诗歌无论在思想内容还是在艺术上都取得了极高的成就，语言质朴，立意深远，气势充沛。这首带有建安时代"志深比长""梗概多气"的时代特色的《短歌行》，读后不觉思接千载，荡气回肠，受到强烈的感染。 对酒当歌，人生几何？ 譬如朝露，去日苦多。 慨当以慷，幽思难忘。 何以解忧，唯有杜康。 青青子衿，悠悠我心。 但为君故，沈吟至今。 呦呦鹿鸣，食野之苹。 我有嘉宾，鼓瑟吹笙。 明明如月，何时可掇？ 忧从中来，不可断绝。 越陌度阡，枉用相存。 契阔谈，心念旧恩。 月明星稀，乌鹊南飞， 绕树三匝，何枝可依？ 山不厌高，海不厌深， 周公吐哺，天下归心。 《短歌行》是汉乐府的旧题，属于《相和歌?平调曲》。这就是说它本来是一个乐曲的名称，这种乐曲怎么唱法，现在当然是不知道了。但乐府《相和歌?平调曲》中除了《短歌行》还有《长歌行》，唐代吴兢《乐府古题要解》引证古诗“长歌正激烈”，魏文帝曹丕《燕歌行》“短歌微吟不能长”和晋代傅玄《艳歌行》“咄来长歌续短歌”等句，认为“长歌”、“短
外国文学名著鉴赏期末论文院—系：数学学院 科目：外国文学名著鉴赏（期末论文）班级： 08级数学与应用数学A班 姓名：沈铁 学号： 200805050149 上课时段：周五晚十、十一节课
奋斗了，才有出路 ——读《鲁宾逊漂游记》有感小说《鲁宾逊漂游记》一直深受人们的喜爱。读完这篇小说，使我对人生应该有自己的一个奋斗历程而受益匪浅。当一个人已经处于绝境的时候，还能够满怀信心的去面对和挑战生活，实在是一种可贵的精神。他使我认识到，人无论何时何地，不管遇到多大的困难，都不能被困难所吓倒，我们要勇敢的面对困难，克服困难，始终保持一种积极向上、乐观的心态去面对。在当今社会只有努力去奋斗，才会有自己的出路！ 其实现在的很多人都是那些遇到困难就退缩，不敢勇敢的去面对它。不仅如此，现在很多人都是独生子女，很多家长视子女为掌上明珠，不要说是冒险了，就连小小的家务活也不让孩子做，天天总是说：“我的小宝贝啊，你读好书就行了，其它的爸爸妈妈做就可以了。”读书固然重要，但生活中的小事也不能忽略。想一想，在荒无人烟的孤岛上，如果你连家务活都不会做，你能在那里生存吗？读完这部著作后，我不禁反问自己：“如果我像书中的鲁宾逊那样在大海遭到风暴，我能向他那样与风暴搏斗，最后逃离荒岛得救吗？恐怕我早已经被大海所淹没；如果我漂流到孤岛，能活几天？我又能干些什么？我会劈柴吗？会打猎做饭吗？我连洗洗自己的衣服还笨手笨脚的。”我们应该学习鲁宾逊这种不怕困难的精神，无论何时何地都有坚持地活下去，哪怕只有一线希望也要坚持到底，决不能放弃！我们要像鲁宾
逊那样有志气、有毅力、爱劳动，凭自己的双手创造财富，创造奇迹，取得最后的胜利。这样的例子在我们的生活中屡见不鲜。 《史记》的作者司马迁含冤入狱，可它依然在狱中完成《史记》一书，他之所以能完成此书，靠的也是他心中那顽强的毅力，永不放弃的不断努力的精神。著名作家爱迪生从小就生活在一个贫困的家庭中，可是他从小就表现出了科学方面的天赋。长大后爱迪生着力于电灯的发明与研究，他经过了九百多次的失败，可它依然没有放弃，不断努力，最后终于在第一千次实验中取得了成功。 鲁宾逊在岛上生活了二十八年，他面对了各种各样的困难和挫折，克服了许多常人无法想象的困难，自己动手，丰衣足食，以惊人的毅力，顽强的活了下来。他自从大船失事后，找了一些木材，在岛上盖了一间房屋，为防止野兽，还在房子周围打了木桩，来到荒岛，面对着的首要的就是吃的问题，船上的东西吃完以后，鲁宾逊开始打猎，有时可能会饿肚子，一是他决定播种，几年后他终于可以吃到自己的劳动成果，其实学习也是这样，也有这样一个循序渐进的过程，现在的社会，竞争无处不在，我们要懂得只有付出才会有收获，要勇于付出，在战胜困难的同时不断取得好成绩。要知道只有付出，才会有收获。鲁宾逊在失败后总结教训，终于成果；磨粮食没有石磨，他就用木头代替；没有筛子，就用围巾。鲁宾逊在荒岛上解决了自己的生存难题，面对人生挫折，鲁宾逊的所作所为充分显示了他坚毅的性格和顽强的精神。同样我们在学习上也可以做一些创新，养成一种创新精神，把鲁宾逊在荒岛，不畏艰险，不怕失败挫折，艰苦奋斗的精
【摘要】黄自先生是我国杰出的音乐家，他以艺术歌曲的创作最为代表。而黄自先生特别强调了钢琴伴奏对于艺术歌曲组成的重要性。本文是以黄自先生创作的具有爱国主义和人道主义的艺术歌曲《天伦歌》为研究对象，通过对作品分析，归纳钢琴伴奏的弹奏方法与特点，并总结黄自先生的艺术成就与贡献。 【关键词】艺术歌曲；和声；伴奏织体；弹奏技巧 一、黄自艺术歌曲《天伦歌》的分析 （一）《天伦歌》的人文及创作背景。黄自的艺术歌曲《天伦歌》是一首具有教育意义和人道主义精神的作品。同时，它也具有民族性的特点。这首作品是根据联华公司的影片《天伦》而创作的主题曲，也是我国近代音乐史上第一首为电影谱写的艺术歌曲。作品创作于我国政治动荡、经济不稳定的30年代，这个时期，这种文化思潮冲击着我国各个领域，连音乐艺术领域也未幸免――以《毛毛雨》为代表的黄色歌曲流传广泛，对人民大众，尤其是青少年的不良影响极其深刻，黄自为此担忧，创作了大量艺术修养和文化水平较高的艺术歌曲。《天伦歌》就是在这样的历史背景下创作的，作品以孤儿失去亲人的苦痛为起点，发展到人民的发愤图强，最后升华到博爱、奋起的民族志向，对青少年的爱国主义教育有着重要的影响。 （二）《天伦歌》曲式与和声。《天伦歌》是并列三部曲式，为a+b+c，最后扩充并达到全曲的高潮。作品中引子和coda所使用的音乐材料相同，前后呼应，合头合尾。这首艺术歌曲结构规整，乐句进行的较为清晰，所使用的节拍韵律符合歌词的特点，如三连音紧密连接，为突出歌词中号召的力量等。 和声上，充分体现了中西方作曲技法融合的创作特性。使用了很多七和弦。其中，一部分是西方的和声，一部分是将我国传统的五声调式中的五个音纵向的结合，构成五声性和弦。与前两首作品相比，《天伦歌》的民族性因素增强，这也与它本身的歌词内容和要弘扬的爱国主义精神相对应。 （三）《天伦歌》的伴奏织体分析。《天伦歌》的前奏使用了a段进唱的旋律发展而来的，具有五声调性特点，增添了民族性的色彩。在作品的第10小节转调入近关系调，调性的转换使歌曲增添抒情的情绪。这时的伴奏加强和弦力度，采用切分节奏，节拍重音突出，与a段形成强弱的明显对比，突出悲壮情绪。 c段的伴奏采用进行曲的风格，右手以和弦为主，表现铿锵有力的进行。右手为上行进行，把全曲推向最高潮。左手仍以柱式和弦为主，保持节奏稳定。在作品的扩展乐段，左手的节拍低音上行与右手的八度和弦与音程对应，推动音乐朝向宏伟、壮丽的方向进行。coda 处，与引子材料相同，首尾呼应。 二、《天伦歌》实践研究 《天伦歌》是具有很强民族性因素的作品。所谓民族性，体现在所使用的五声性和声、传统歌词韵律以及歌曲段落发展等方面上。 作品的整个发展过程可以用伤感――悲壮――兴奋――宏达四个过程来表述。在钢琴伴奏弹奏的时候，要以演唱者的歌唱状态为中心，选择合适的伴奏音量、音色和音质来配合，做到对演唱者的演唱同步，并起到连接、补充、修饰等辅助作用。 作品分为三段，即a+b+c+扩充段落。第一段以五声音阶的进行为主，表现儿童失去父母的悲伤和痛苦，前奏进入时要弹奏的使用稍凄楚的音色，左手低音重复进行，在弹奏完第一个低音后，要迅速的找到下一个跨音区的音符；右手弹奏的要有棱角，在前奏结束的时候第四小节的t方向的延音处，要给演唱者留有准备。演唱者进入后，左手整体的踏板使用的要连贯。随着作品发展，伴奏与旋律声部出现轮唱的形式，要弹奏的流动性强，稍突出一些。后以mf力度出现的具有转调性质的琶音奏法，要弹奏的如流水般连贯。在重复段落，即“小
Chapter III WEE QUESTION OF FORTUNE--FOUR-FIFTY A WEEK Once across the river and into the wholesale district, she glanced about her for some likely door at which to apply. As she contemplated the wide windows and imposing signs, she became conscious of being gazed upon and understood for what she was--a wage-seeker. She had never done this thing before, and lacked courage. To avoid a certain indefinable shame she felt at being caught spying about for a position, she quickened her steps and assumed an air of indifference supposedly common to one upon an errand. In this way she passed many manufacturing and wholesale houses without once glancing in. At last, after several blocks of walking, she felt that this would not do, and began to look about again, though without relaxing her pace. A little way on she saw a great door which, for some reason, attracted her attention. It was ornamented by a small brass sign, and seemed to be the entrance to a vast hive of six or seven floors. "Perhaps," she thought, "They may want some one," and crossed over to enter. When she came within a score of feet of the desired goal, she saw through the window a young man in a grey checked suit. That he had anything to do with the concern, she could not tell, but because he happened to be looking in her direction her weakening heart misgave her and she hurried by, too overcome with shame to enter. Over the way stood a great six- story structure, labelled Storm and King, which she viewed with rising hope. It was a wholesale dry goods concern and employed women. She could see them moving about now and then upon the upper floors. This place she decided to enter, no matter what. She crossed over and walked directly toward the entrance. As she did so, two men came out and paused in the door. A telegraph messenger in blue dashed past her and up the few steps that led to the entrance and disappeared. Several pedestrians out of the hurrying throng which filled the sidewalks passed about her as she paused, hesitating. She looked helplessly around, and then, seeing herself observed, retreated. It was too difficult a task. She could not go past them. So severe a defeat told sadly upon her nerves. Her feet carried her mechanically forward, every foot of her progress being a satisfactory portion of a flight which she gladly made. Block after block passed by. Upon streetlamps at the various corners she read names such as Madison, Monroe, La Salle, Clark, Dearborn, State, and still she went, her feet beginning to tire upon the broad stone flagging. She was pleased in part that the streets were bright and clean. The morning sun, shining down with steadily increasing warmth, made the shady side of the streets pleasantly cool. She looked at the blue sky overhead with more realisation of its charm than had ever come to her before. Her cowardice began to trouble her in a way. She turned back, resolving to hunt up Storm and King and enter. On the way, she encountered a great wholesale shoe company, through the broad plate windows of which she saw an enclosed executive
曹操《短歌行》其二翻译及赏析 引导语：曹操(155—220)，字孟德，小名阿瞒，《短歌行 二首》 是曹操以乐府古题创作的两首诗， 第一首诗表达了作者求贤若渴的心 态，第二首诗主要是曹操向内外臣僚及天下表明心迹。 短歌行 其二 曹操 周西伯昌，怀此圣德。 三分天下，而有其二。 修奉贡献，臣节不隆。 崇侯谗之，是以拘系。 后见赦原，赐之斧钺，得使征伐。 为仲尼所称，达及德行， 犹奉事殷，论叙其美。 齐桓之功，为霸之首。 九合诸侯，一匡天下。 一匡天下，不以兵车。 正而不谲，其德传称。 孔子所叹，并称夷吾，民受其恩。 赐与庙胙，命无下拜。 小白不敢尔，天威在颜咫尺。 晋文亦霸，躬奉天王。 受赐圭瓒，钜鬯彤弓， 卢弓矢千，虎贲三百人。 威服诸侯，师之所尊。 八方闻之，名亚齐桓。 翻译 姬昌受封为西伯，具有神智和美德。殷朝土地为三份，他有其中两分。 整治贡品来进奉，不失臣子的职责。只因为崇侯进谗言，而受冤拘禁。 后因为送礼而赦免， 受赐斧钺征伐的权利。 他被孔丘称赞， 品德高尚地位显。 始终臣服殷朝帝王，美名后世流传遍。齐桓公拥周建立功业，存亡继绝为霸 首。
聚合诸侯捍卫中原，匡正天下功业千秋。号令诸侯以匡周室，主要靠的不是 武力。 行为磊落不欺诈，美德流传于身后。孔子赞美齐桓公，也称赞管仲。 百姓深受恩惠，天子赐肉与桓公，命其无拜来接受。桓公称小白不敢，天子 威严就在咫尺前。 晋文公继承来称霸，亲身尊奉周天王。周天子赏赐丰厚，仪式隆重。 接受玉器和美酒，弓矢武士三百名。晋文公声望镇诸侯，从其风者受尊重。 威名八方全传遍，名声仅次于齐桓公。佯称周王巡狩，招其天子到河阳，因 此大众议论纷纷。 赏析 《短歌行》 (“周西伯昌”)主要是曹操向内外臣僚及天下表明心 迹，当他翦灭群凶之际，功高震主之时，正所谓“君子终日乾乾，夕惕若 厉”者，但东吴孙权却瞅准时机竟上表大说天命而称臣，意在促曹操代汉 而使其失去“挟天子以令诸侯”之号召， 故曹操机敏地认识到“ 是儿欲据吾著炉上郁!”故曹操运筹谋略而赋此《短歌行 ·周西伯 昌》。 西伯姬昌在纣朝三分天下有其二的大好形势下， 犹能奉事殷纣， 故孔子盛称 “周之德， 其可谓至德也已矣。 ”但纣王亲信崇侯虎仍不免在纣王前 还要谗毁文王，并拘系于羑里。曹操举此史实，意在表明自己正在克心效法先圣 西伯姬昌，并肯定他的所作所为，谨慎惕惧，向来无愧于献帝之所赏。 并大谈西伯姬昌、齐桓公、晋文公皆曾受命“专使征伐”。而当 今天下时势与当年的西伯、齐桓、晋文之际颇相类似，天子如命他“专使 征伐”以讨不臣，乃英明之举。但他亦效西伯之德，重齐桓之功，戒晋文 之诈。然故作谦恭之辞耳，又谁知岂无更讨封赏之意乎 ?不然建安十八年(公元 213 年)五月献帝下诏曰《册魏公九锡文》，其文曰“朕闻先王并建明德， 胙之以土，分之以民，崇其宠章，备其礼物，所以藩卫王室、左右厥世也。其在 周成，管、蔡不静，惩难念功，乃使邵康公赐齐太公履，东至于海，西至于河， 南至于穆陵，北至于无棣，五侯九伯，实得征之。 世祚太师，以表东海。爰及襄王，亦有楚人不供王职，又命晋文登为侯伯， 锡以二辂、虎贲、斧钺、禾巨 鬯、弓矢，大启南阳，世作盟主。故周室之不坏， 系二国是赖。”又“今以冀州之河东、河内、魏郡、赵国、中山、常 山，巨鹿、安平、甘陵、平原凡十郡，封君为魏公。锡君玄土，苴以白茅，爰契 尔龟。”又“加君九锡，其敬听朕命。” 观汉献帝下诏《册魏公九锡文》全篇，尽叙其功，以为其功高于伊、周，而 其奖却低于齐、晋，故赐爵赐土，又加九锡，奖励空前。但曹操被奖愈高，心内 愈忧。故曹操在曾早在五十六岁写的《让县自明本志令》中谓“或者人见 孤强盛， 又性不信天命之事， 恐私心相评， 言有不逊之志， 妄相忖度， 每用耿耿。
（一）文学常识 一、古希腊罗马 1．（1）宙斯(罗马神话称为朱庇特)，希腊神话中最高的天神，掌管雷电云雨，是人和神的主宰。 （2）阿波罗，希腊神话中宙斯的儿子，主管光明、青春、音乐、诗歌等，常以手持弓箭的少年形象出现。 （3）雅典那，希腊神话中的智慧女神，雅典城邦的保护神。 （4）潘多拉，希腊神话中的第一个女人，貌美性诈。私自打开了宙斯送她的一只盒子，里面装的疾病、疯狂、罪恶、嫉妒等祸患，一齐飞出，只有希望留在盒底，人间因此充满灾难。“潘多拉的盒子”成为“祸灾的来源”的同义语。 （5）普罗米修斯，希腊神话中造福人间的神。盗取天火带到人间，并传授给人类多种手艺，触怒宙斯，被锁在高加索山崖，受神鹰啄食，是一个反抗强暴、不惜为人类牺牲一切的英雄。 （6）斯芬克司，希腊神话中的狮身女怪。常叫过路行人猜谜，猜不出即将行人杀害；后因谜底被俄底浦斯道破，即自杀。后常喻“谜”一样的人物。与埃及狮身人面像同名。 2．荷马，古希腊盲诗人。主要作品有《伊利亚特》和《奥德赛》，被称为荷马史诗。《伊利亚特》叙述十年特洛伊战争。《奥德赛》写特洛伊战争结束后，希腊英雄奥德赛历险回乡的故事。马克思称赞它“显示出永久的魅力”。 3．埃斯库罗斯，古希腊悲剧之父，代表作《被缚的普罗米修斯》。6．阿里斯托芬，古希腊“喜剧之父”代表作《阿卡奈人》。 4．索福克勒斯，古希腊重要悲剧作家，代表作《俄狄浦斯王》。5．欧里庇得斯，古希腊重要悲剧作家，代表作《美狄亚》。 二、中世纪文学 但丁，意大利人，伟大诗人，文艺复兴的先驱。恩格斯称他是“中世纪的最后一位诗人，同时又是新时代的最初一位诗人”。主要作品有叙事长诗《神曲》，由地狱、炼狱、天堂三部分组成。《神曲》以幻想形式，写但丁迷路，被人导引神游三界。在地狱中见到贪官污吏等受着惩罚，在净界中见到贪色贪财等较轻罪人，在天堂里见到殉道者等高贵的灵魂。 三、文艺复兴时期 1．薄迦丘意大利人短篇小说家，著有《十日谈》拉伯雷，法国人，著《巨人传》塞万提斯，西班牙人,著《堂?吉诃德》。 2．莎士比亚，16-17世纪文艺复兴时期英国伟大的剧作家和诗人，主要作品有四大悲剧——《哈姆雷特》、《奥赛罗》《麦克白》、《李尔王》，另有悲剧《罗密欧与朱丽叶》等，喜剧有《威尼斯商人》《第十二夜》《皆大欢喜》等，历史剧有《理查二世》、《亨利四世》等。马克思称之为“人类最伟大的戏剧天才”。 四、17世纪古典主义 9．笛福，17-18世纪英国著名小说家，被誉为“英国和欧洲小说之父”，主要作品《鲁滨逊漂流记》，是英国第一部现实主义长篇小说。10．弥尔顿，17世纪英国诗人，代表作：长诗《失乐园》，《失乐园》，表现了资产阶级清教徒的革命理想和英雄气概。 25．拉伯雷，16世纪法国作家，代表作：长篇小说《巨人传》。 26．莫里哀，法国17世纪古典主义文学最重要的作家，法国古典主义喜剧的创建者，主要作品为《伪君子》《悭吝人》（主人公叫阿巴公）等喜剧。 五、18世纪启蒙运动 1）歌德，德国文学最高成就的代表者。主要作品有书信体小说《少年维特之烦恼》，诗剧《浮士德》。 11．斯威夫特，18世纪英国作家，代表作：《格列佛游记》，以荒诞的情节讽刺了英国现实。 12．亨利·菲尔丁，18世纪英国作家，代表作：《汤姆·琼斯》。 六、19世纪浪漫主义 （1拜伦， 19世纪初期英国伟大的浪漫主义诗人，代表作为诗体小说《唐璜》通过青年贵族唐璜的种种经历，抨击欧洲反动的封建势力。《恰尔德。哈洛尔游记》 （2雨果，伟大作家，欧洲19世纪浪漫主义文学最卓越的代表。主要作品有长篇小说《巴黎圣母院》、《悲惨世界》、《笑面人》、《九三年》等。《悲惨世界》写的是失业短工冉阿让因偷吃一片面包被抓进监狱，后改名换姓，当上企业主和市长，但终不能摆脱迫害的故事。《巴黎圣母院》 弃儿伽西莫多，在一个偶然的场合被副主教克洛德.孚罗洛收养为义子，长大后有让他当上了巴黎圣母院的敲钟人。他虽然十分丑陋而且有多种残疾，心灵却异常高尚纯洁。 长年流浪街头的波希米亚姑娘拉.爱斯梅拉达，能歌善舞，天真貌美而心地淳厚。青年贫诗人尔比埃尔.甘果瓦偶然同她相遇，并在一个更偶然的场合成了她名义上的丈夫。很有名望的副教主本来一向专心于"圣职"，忽然有一天欣赏到波希米亚姑娘的歌舞，忧千方百计要把她据为己有，对她进行了种种威胁甚至陷害，同时还为此不惜玩弄卑鄙手段，去欺骗利用他的义子伽西莫多和学生甘果瓦。眼看无论如何也实现不了占有爱斯梅拉达的罪恶企图，最后竟亲手把那可爱的少女送上了绞刑架。 另一方面，伽西莫多私下也爱慕着波希米亚姑娘。她遭到陷害，被伽西莫多巧计救出，在圣母院一间密室里避难，敲钟人用十分纯朴和真诚的感情去安慰她，保护她。当她再次处于危急中时，敲钟人为了援助她，表现出非凡的英勇和机智。而当他无意中发现自己的"义父"和"恩人"远望着高挂在绞刑架上的波希米亚姑娘而发出恶魔般的狞笑时，伽西莫多立即对那个伪善者下了最后的判决，亲手把克洛德.孚罗洛从高耸入云的钟塔上推下，使他摔的粉身碎骨。 （3司汤达，批判现实主义作家。代表作《红与黑》，写的是不满封建制度的平民青年于连，千方百计向上爬，最终被送上断头台的故事。“红”是将军服色，指“入军界”的道路；“黑”是主教服色，指当神父、主教的道路。 14．雪莱，19世纪积极浪漫主义诗人，欧洲文学史上最早歌颂空想社会主义的诗人之一，主要作品为诗剧《解放了的普罗米修斯》，抒情诗《西风颂》等。 15．托马斯·哈代，19世纪英国作家，代表作：长篇小说《德伯家的苔丝》。 16．萨克雷，19世纪英国作家，代表作：《名利场》 17．盖斯凯尔夫人，19世纪英国作家，代表作：《玛丽·巴顿》。 18．夏洛蒂?勃朗特，19世纪英国女作家，代表作：长篇小说《简?爱》19艾米丽?勃朗特，19世纪英国女作家，夏洛蒂?勃朗特之妹，代表作：长篇小说《呼啸山庄》。 20．狄更斯，19世纪英国批判现实主义文学的重要代表，主要作品为长篇小说《大卫?科波菲尔》、《艰难时世》《双城记》《雾都孤儿》。21．柯南道尔，19世纪英国著名侦探小说家，代表作品侦探小说集《福尔摩斯探案》是世界上最著名的侦探小说。 七、19世纪现实主义 1、巴尔扎克，19世纪上半叶法国和欧洲批判现实主义文学的杰出代表。主要作品有《人间喜剧》，包括《高老头》、《欧也妮·葛朗台》、《贝姨》、《邦斯舅舅》等。《人间喜剧》是世界文学中规模最宏伟的创作之一，也是人类思维劳动最辉煌的成果之一。马克思称其“提供了一部法国社会特别是巴黎上流社会的卓越的现实主义历史”。
关于毕业设计说明书（论文）英文文献及中文翻译撰写格式 为提高我校毕业生毕业设计说明书（毕业论文）的撰写质量，做到毕业设计说明书（毕业论文）在内容和格式上的统一和规范，特规定如下: 一、装订顺序 论文（设计说明书）英文文献及中文翻译内容一般应由3个部分组成，严格按以下顺序装订。 1、封面 2、中文翻译 3、英文文献（原文） 二、书写格式要求 1、毕业设计（论文）英文文献及中文翻译分毕业设计说明书英文文献及中文翻译和毕业论文英文文献及中文翻译两种，所有出现相关字样之处请根据具体情况选择“毕业设计说明书” 或“毕业论文”字样。 2、毕业设计说明书（毕业论文）英文文献及中文翻译中的中文翻译用Word 软件编辑，英文文献用原文，一律打印在A4幅面白纸上，单面打印。 3、毕业设计说明书（毕业论文）英文文献及中文翻译的上边距:30mm；下边距:25mm；左边距:3Omm；右边距:2Omm；行间距1.5倍行距。 4、中文翻译页眉的文字为“中北大学2019届毕业设计说明书” 或“中北大学××××届毕业论文”，用小四号黑体字，页眉线的上边距为25mm；页脚的下边距为18mm。 5、中文翻译正文用小四号宋体，每章的大标题用小三号黑体，加粗，留出上下间距为：段前0.5行，段后0.5行；二级标题用小四号黑体，加粗；其余小标题用小四号黑体，不加粗。 6、文中的图、表、附注、公式一律采用阿拉伯数字分章编号。如图1.2，表2.3，附注3.2或式4.3。 7、图表应认真设计和绘制,不得徒手勾画。表格与插图中的文字一律用5号宋体。
每一插图和表格应有明确简短的图表名，图名置于图之下，表名置于表之上，图表号与图表名之间空一格。插图和表格应安排在正文中第一次提及该图表的文字的下方。当插图或表格不能安排在该页时，应安排在该页的下一页。 图表居中放置，表尽量采用三线表。每个表应尽量放在一页内，如有困难，要加“续表X.X”字样，并有标题栏。 图、表中若有附注时，附注各项的序号一律用阿拉伯数字加圆括号顺序排，如:注①。附注写在图、表的下方。 文中公式的编号用圆括号括起写在右边行末顶格，其间不加虚线。 8、文中所用的物理量和单位及符号一律采用国家标准，可参见国家标准《量和单位》(GB3100~3102-93)。 9、文中章节编号可参照《中华人民共和国国家标准文献著录总则》。
我国艺术歌曲钢琴伴奏-精 2020-12-12 【关键字】传统、作风、整体、现代、快速、统一、发展、建立、了解、研究、特点、突出、关键、内涵、情绪、力量、地位、需要、氛围、重点、需求、特色、作用、结构、关系、增强、塑造、借鉴、把握、形成、丰富、满足、帮助、发挥、提高、内心 【摘要】艺术歌曲中，伴奏、旋律、诗歌三者是不可分割的重 要因素，它们三个共同构成一个统一体，伴奏声部与声乐演唱处于 同样的重要地位。形成了人声与器乐的巧妙的结合，即钢琴和歌唱 的二重奏。钢琴部分的音乐使歌曲紧密的联系起来，组成形象变化 丰富而且不中断的套曲，把音乐表达的淋漓尽致。 【关键词】艺术歌曲；钢琴伴奏；中国艺术歌曲 艺术歌曲中，钢琴伴奏不是简单、辅助的衬托，而是根据音乐 作品的内容为表现音乐形象的需要来进行创作的重要部分。准确了 解钢琴伴奏与艺术歌曲之间的关系,深层次地了解其钢琴伴奏的风 格特点,能帮助我们更为准确地把握钢琴伴奏在艺术歌曲中的作用 和地位，从而在演奏实践中为歌曲的演唱起到更好的烘托作用。 一、中国艺术歌曲与钢琴伴奏 “中西结合”是中国艺术歌曲中钢琴伴奏的主要特征之一，作 曲家们将西洋作曲技法同中国的传统文化相结合，从开始的借鉴古 典乐派和浪漫主义时期的创作风格，到尝试接近民族乐派及印象主 义乐派的风格，在融入中国风格的钢琴伴奏写作，都是对中国艺术 歌曲中钢琴写作技法的进一步尝试和提高。也为后来的艺术歌曲写 作提供了更多宝贵的经验，在长期发展中，我国艺术歌曲的钢琴伴 奏也逐渐呈现出多姿多彩的音乐风格和特色。中国艺术歌曲的钢琴
写作中，不可忽略的是钢琴伴奏织体的作用，因此作曲家们通常都以丰富的伴奏织体来烘托歌曲的意境，铺垫音乐背景，增强音乐感染力。和声织体，复调织体都在许多作品中使用，较为常见的是综合织体。这些不同的伴奏织体的歌曲，极大限度的发挥了钢琴的艺术表现力，起到了渲染歌曲氛围，揭示内心情感，塑造歌曲背景的重要作用。钢琴伴奏成为整体乐思不可缺少的部分。优秀的钢琴伴奏织体，对发掘歌曲内涵，表现音乐形象，构架诗词与音乐之间的桥梁等方面具有很大的意义。在不断发展和探索中，也将许多伴奏织体使用得非常娴熟精确。 二、青主艺术歌曲《我住长江头》中钢琴伴奏的特点 《我住长江头》原词模仿民歌风格，抒写一个女子怀念其爱人的深情。青主以清新悠远的音乐体现了原词的意境，而又别有寄寓。歌调悠长，但有别于民间的山歌小曲；句尾经常出现下行或向上的拖腔，听起来更接近于吟哦古诗的意味，却又比吟诗更具激情。钢琴伴奏以江水般流动的音型贯穿全曲，衬托着气息宽广的歌唱，象征着绵绵不断的情思。由于运用了自然调式的旋律与和声，显得自由舒畅，富于浪漫气息，并具有民族风味。最有新意的是，歌曲突破了“卜算子”词牌双调上、下两阕一般应取平行反复结构的惯例，而把下阕单独反复了三次，并且一次比一次激动，最后在全曲的高音区以ff结束。这样的处理突出了思念之情的真切和执著，并具有单纯的情歌所没有的昂奋力量。这是因为作者当年是大革命的参加者，正被反动派通缉，才不得不以破格的音乐处理，假借古代的