问题 单项选择题

甲将摄录自己婚礼庆典活动仅有的一盘录像带交给个体户乙制作成VCD保存,乙的店铺因丙抽烟不慎失火烧毁,导致录像带灭失。下列说法哪一个是正确的( )

A.甲可对乙提起违约之诉,并请求精神损害赔偿

B.甲可对乙提起侵权之诉,并请求精神损害赔偿

C.甲只能对丙提起侵权之诉,并请求精神损害赔偿

D.甲可对乙提起违约之诉或侵权之诉,不能请求精神损害赔偿

答案

参考答案:B

解析:精神损害赔偿。本题中甲具有纪念意义的录像带被毁,其提出的赔偿请求属于精神损害赔偿。关于精神损害赔偿,比较重要的司法解释是《最高人民法院关于确定民事侵权精神损害赔偿责任若干问题的解释》,考生要加以注意。其中第4条规定:“具有人格象征意义的特定纪念物品,因侵权行为而永久性灭失或者毁损,物品所有人以侵权为由,向人民法院起诉请求赔偿精神损害的,人民法院应当依法予以受理。”可见,只有在侵权之诉中才能请求精神损害赔偿。该解释的这条规定是符合民法理念的。因为违约之诉的制度目的在于救济当事人的财产权利,精神损害赔偿是不适于在违约之诉中提出的。这也是当前民法界的通说。考生须牢记。考查选项,可直接排除AD项。本题中甲委托乙对录像带进行加工,录像带被损后甲当然可以以其对录像带的所有权受到侵害为由向乙提出侵权之诉。故C项错误,B项正确。

阅读理解

Britain’s seed bank, the only one in the world aiming to collect all of the planet’s wild plant species, has reached its goal of banking 10 percent by 2010.

The Millennium Seed Bank Project, run by Kew Gardens—one of the oldest botanical gardens—will officially deposit the 24,200th species on Thursday, a pink, wild banana from China.

More than 50 countries are now on board with Kew's giant task but vast places of the globe, including India and Brazil, still need to join in and donate seeds, director Paul Smith said.                                                                                                                                                            

The seed bank is one of the largest and most diverse in the world with more than 1.5 billion seeds. Its goal is to help protect the planet’s bio-diversity during a time of climate change.

The wild banana seed is under threat of extinction(灭绝) in southwest China from agricultural development. It is a vital food source for Asian elephants and important for growing bananas for human consumption.

Stored at minus-20 degrees centigrade, so they can last for thousands of years, the seeds await the day that scientists hope never comes—when the species no longer exist in the wild.

It is a race against time, Smith said, because in the last decade alone, 20 plants held in the bank have already been wiped out in the wild. He estimates that between a third and a quarter will become extinct this century.

"It is urgent and it is happening now. An area, the size of England, is cleared of primary vegetation(植被)every year." Smith said.

Because most of the world's food and medicines come from nature, protecting wild plant species is quite important, scientists say. There are already many other seed banks safeguarding food crops, which only account for 0.6 percent of plant diversity.

For Kew's next goal—to collect a quarter of wild varieties by 2020—the botanists need 10 million pounds a year, or a further 100 million pounds on top of the 40 million they have already been granted.

小题1:What’s the final purpose of the Britain’s seed bank?

A.To collect enough money for the project.

B.To safeguard food crops.

C.To protect wild plants from extinction.

D.To help scientists study wild plants.小题2:The wild banana seed in China is in danger because of _______.

A.the expanding of farming work

B.the climate change in this area

C.the large number of Asian elephants

D.human’s large consumption小题3: We can learn from the passage that _______.

A.the seeds in the bank can be used now and then all over the world

B.India and Brazil haven’t joined in the Seed Bank Project at present

C.there is only one seed bank in the world at present

D.the wild plants in places like India and China will never die out小题4: What does the underlined word “it” in paragraph 7 refer to?

A.The extinction of plant species.

B.The Millennium Seed Bank Project.

C.Britain’s seed bank.

D.Kew Gardens’ next goal.小题5:Which of the following information isn’t mentioned in the passage?

A.The global partnership of collecting wild plant species.

B.The temperature condition of the conservative wild plant species.

C.The government’s financial support for the seed bank project.

D.Scientists’ concern on the extinct wild plant species.

判断题