问题 单项选择题

2001年5月1日,某甲在公园游玩时,把佩戴的一圈项链丢失。该项链被公园的管理人员拾得后交给了有关的行政管理部门。因某甲未能看到公告,所以一直未去认领,该行政管理部门即依照有关规定将项链交给代售店拍卖。该项链后来被某乙以拍卖价买下。2002年秋,某乙因参加运动会,把项链放在更衣室中,因人多混杂,管理不善,项链被小偷偷走。2003年1月,这个小偷被抓获。在审讯过程中,小偷供认自己曾偷得一条项链,并已将该项链以赠与女朋友某丙,某丙并不知内情。经查,项链的失主为某乙。某乙即根据公安局的通知前去认领,而某甲也偶然认得此项链是自己在公园丢失的那块,要求某乙返还,某乙不允;某丙也认为项链是自己的,要求拥有该项链,三方争执不下,于是某甲和某丙均起诉至人民法院,要求确认各自对项链的所有权。请回答下列问题:

谁能够向小偷行使赔偿请求权

A.某丙

B.某甲

C.某乙

D.公安局

答案

参考答案:C

解析:
《物权法》第107条规定,所有权人或者其他权利人有权追回遗失物。该遗失物通过转让被他人占有的,权利人有权向无处分权人请求损害赔偿,或者自知道或者应当知道受让人之日起二年内向受让人请求返还原物,但受让人通过拍卖或者向具有经营资格的经营者购得该遗失物的,权利人请求返还原物时应当支付受让人所付的费用。权利人向受让人支付所付费用后,有权向无处分权人追偿。因此某乙作为所有权人有权向小偷请求损害赔偿。

阅读理解
During my high school years, the most important thing was what I was wearing to the Friday night dance and who I was taking. Although college was talked about, it was the least of my worries. 
When I was graduating eighth grade and starting high school, my older brother was graduating twelfth grade and going onto college. For my graduation, he gave me a card in which he wrote, “Enjoy your four years…, they go by fast.” I remember not believe him then, but looking back…, he was right. Those four years shaped who I was as a person, pushed me to my limit and encouraged me to become an adult. 
However, I was so completely absorbed in my junior and senior years of high school, that when someone spoke of college I brushed it off. I wasn't ready to leave my comfort zone of having all of my closest friends together and knowing what every single day was going to be like . Studying was something I did only AFTER I nailed my half-time dance performance. I knew my parents wanted me to go to college, so I told them I would go to commuity college (社区学院)and I didn’t worry about my SAT(美国大学入学考试)scores. 
When my senior year passed and everyone graduated and went off to their own college ,I started to wish I had done the same. My friends were living away, meeting new people, discovering new places, and I was living at home and driving to and from class every day. It seemed exactly like high school. I hated it! I thought college was supposed to be different! Why didn’t I take more time to research colleges and do the same? I ended up loving college and wishing I had four years to enjoy the campus(大学校园)atmosphere instead of two. 
My advice to anyone thinking about attending college is to think about it very seriously and look into all of your choices well ahead of time. Now I have graduate and I am working full time and I would do anything to go back to my high school days for a second chance!
小题1:Why didn’t the author worry about his SAT scores? 
A.He wanted to go to community college.
B.He had a gift for dance.
C.He was well prepared for the exam.
D.He believed his brother would help him.
小题2:When in high school, the author          .
A.drove to and from class every day
B.buried himself in his study all the time
C.enjoyed talking about future college life
D.lived in the school except on holidays
小题3:What did the author’s brother mean by “Enjoy your four years…, they go by fast.”?
A.He wished the author to have more dance.
B.He advised the author to value the years.
C.He encouraged the author to leave his comfort zone.
D.He suggested the author aim at a community college.
小题4:Talking of his high school years, the author feels       .
A.regretful
B.lonely
C.angry
D.pleased
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