问题 单项选择题

褚某在欣欣商场购买了一个电热水瓶,使用过程中热水瓶发生爆炸,将褚某3岁儿子炸伤。经鉴定,该电热水瓶为劣质产品。褚某欲采取 * * 行动,下列亲友们提出的建议缺乏法律依据的是( )。

A.请媒体曝光,并要求工商部门严肃查处

B.向出售该商品的商场索赔,或向商品生产厂家索赔

C.直接提起诉讼,要求商场赔偿医疗费、护理费、误工费、交通费等

D.直接提起仲裁,要求商场和厂家连带赔偿损失

答案

参考答案:D

解析: 我国《消费者权益保护法》第34条规定,消费者和经营者发生消费者权益争议的,可以通过下列途径解决:(1) 与经营者协商和解;(2) 请求消费者协会调解;(3) 向有关行政部门申诉;(4) 根据与经营者达成的仲裁协议提请仲裁机构仲裁;(5) 向人民法院提起诉讼。同时各级人民政府工商行政管理部门和其他有关行政部门应当依照法律、法规的规定,在各自的职责范围内,采取措施,保护消费者的合法权益。有关行政部门应当听取消费者及其社会团体对经营者交易行为、商品和服务质量问题的意见,及时调查处理。A项中借助媒体曝光,并向工商部门申诉,是符合法律规定的。该法第35条规定:消费者或者其他受害人因商品缺陷造成人身、财产损害的,可以向销售者要求赔偿,也可以向生产者要求赔偿。B项做法也是合理的。同时第41条规定:经营者提供商品或者服务,造成消费者或者其他受害人人身伤害的,应当支付医疗费、治疗期间的护理费、因误工减少的收入等费用。C项直接起诉要求赔偿是符合法律规定的。进行仲裁必须以双方达成协议为前提,在褚某未与商场及厂家达成仲裁协议之前,他是不能直接单方提起仲裁的。故只有D项不符合法律的规定。

阅读理解

Art robbery and art forgery (仿造) are both major themes in crime movies and literature.In the 2012 comedy movie Gambit, British actor Colin Firth plays an art curator who cheats his abusive boss into buying a fake Monet. In reality, art crimes are no less interesting and exciting.

According to The New York Times, over the past 15 years, Glafira Rosales fooled two local commercial art galleries into buying 63 false works of art for more than $30 million.She passed off fake paintings as works by 20th century modernist masters such as American artists Mark Rothko and Jackson Pollock.But in fact, these so called “newly discovered works” were all produced by a single man, a Chinese immigrant named Qian Peishen.

The art world was shocked by Rosales' deception.But to the public, it was amusing and most satisfying to see wealthy people get tricked.

So what decides the value of a piece of art? Is it beauty? Is it the artist's talent and craftsmanship? Or is it just because the artist is famous?

We should take beauty out. If the buyers were buying paintings only for their beauty, they'll be content displaying good fakes on their walls. They wouldn't be so upset when a forgery is exposed.

The art market claims that great artists are inimitable, and that this inimitability justifies the absurd price of their works. We can't deny that most famous artists are good at what they do, but forgers like Qian show that their works are imitable.Otherwise, the difference between the original and the copycats would be obvious and Rosales would not be able to fool anyone.

According to an article in the Economist, expensive paintings are what economists call positional goods. They are valuable because other people can't have them. With other goods, a higher price reduces demand.But art turns down the laws of economics. “When the goods that is really being purchased is evidence that the buyer has paid a lot, price increases cause demand to boom,” explained the article.

That's why scarcity and authenticity are so important in the art market. Artists sometimes forget this.Demien Hirst, the British pop artist, is famous for his spot paintings. But they dropped in value when it became clear that they had been produced in quantities so vast that nobody knew how many were out there.The art market lost faith in these paintings because no one could be sure which of them were authentic and which were fake.

小题1:The first paragraph is meant to tell the readers that ________.

A.movies and literature will be popular with art involved in them

B.art crimes are as interesting and exciting in reality as in movies

C.Gambit is a good movie with art forgery as the major theme

D.real art crime in reality can be adapted into popular films小题2:Who is amused and satisfied to see the rich buy forged works of art?

A.The public.

B.Glafira Rosales.

C.Qian Peishen.

D.Mark Rothlo and Jackson Pollock.小题3:What kind of art buyers should not be unhappy with its high prices when a forgery is exposed according to the author?

A.Those who buy only for its beauty.

B.Those who buy for its inimitability.

C.Those who 'buy for its authenticity.

D.Those who buy for its scarcity.小题4:What is the law of economics theory behind art goods according to the economists?

A.They are valuable goods.

B.High prices reduce the demand of art goods.

C.High prices increase the demand of art goods.

D.They are produced in quantities to satisfy people.

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