问题 问答题

日常生活中,我们经常听到“无知者无畏,不知者不怪”的说法。请运用我国民法有关的规定和理论对此加以分析。

答案

参考答案:

解析:该说法不完全正确。所谓“无知者无畏,不知者不怪”,从民法角度讲,就是指行为人不知道事实真相,就在所不论。 (2)从侵权法角度看,行为人没有过错,就不承担民事责任。从这一层面上看,该说法是正确的。但行为人没有过错,法律规定应当承担民事责任的,行为人仍应当承担民事责任,如产品质量不合格、高度危险作业等特殊侵权行为,行为人即便没有过错,也应当承担民事责任。从这一层面上看,该说法就是不正确的。 (3)从物权法角度上看,如果善意受让人取得标的物的占有后,则行为人可以依据善意取得制度取得标的物的所有权。从这一层面上看,该说法是正确的。但是,有些财产是不适用善意取得的,如麻醉品、盗赃、贵重金属、管制品、毒品等。即便不知者不怪罪,但也不能取得标的物的所有权。从这一层面上看,该说法是错误的。十一、法条分析题

阅读理解

Recent research from the Pew Internet Project suggests that 90% of Americans aged from 12 to 17 use the Internet, and 51% of those teens use social networks. However, there are many possible problems with social networking sites and the teenagers who use them.

Apart from the social advantages, social networking sites can be used to record school research, develop artistic talents and experiment with other forms of subject creation. They provide a way to communicate with others who share the same interests and to get helpful advice on ongoing projects.

Along with these advantages come some dangers. For example, most social networking sites are open to all, especially MySpace, which is the most popular social network among teens in America. It means that they could be put in unpleasant and frightening situations.

A greater danger is that teens may become objects of the people with secret purposes. The secrecy of some social networking sites makes it easy for dangerous people to find young teens and invite them into dangerous conversations. It’s easy for them to pretend as teens and draw children into dangerous real-world communication as well. Then further hurt might be on its way.

Another danger is identity stealing, which can happen when teens share too much information about their names, dates of birth and locations.

Therefore, it’s very important to make sure teens are safe when they use social networks.

Many of the same rules that work for online chat work for these sites:

※Don’t use your real name.

※ Don’t give out personal information to people you don’t know. A last name and a town

are enough for a bad guy to find where you are.

※ Don’t believe that people are who they say to be.

※ Immediately end any communication that makes you uncomfortable and report it to a

parent.

Only if you are sure of your safety, can you enjoy the fun brought by social networking. Besides, trying to deal with all problems on your own can lead to terrible results. Remember, asking your parents or school officials for help doesn’t mean you are unable to do anything but wiser than many others.                                             

小题1:How many dangers of using social networks are mentioned in the passage?

A.2.

B.3.

C.4.

D.5.小题2:The writer takes MySpace as an example to show that ________.

A.students could be put into unreal situations on the Internet

B.teenagers are facing unknown dangers on the social networks

C.Internet provides more social websites to American teenagers

D.social networks are very popular among teenagers in America小题3:We can infer from the passage that ________.

A.the dangers are similar when chatting online and surfing social networks

B.more than half American teenagers aged from 12 to 17 use social networks

C.teens who ask for help are wiser when meeting problems on social networks

D.there are more disadvantages than advantages for teens to use social networks

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