问题 单项选择题

在一起离婚诉讼中,人民法院误将传飘送达给与黄月琴同名的邻村的黄丹琴,后者的丈夫一直在外地打工,当她接到法院的传票后,承受不住这种打击,引起精神病复发,不能劳动,生活上不能自理。对于此案,人民法院对精神混乱的黄月琴应否负赔偿义务( )

A.不应当负赔偿义务,因为黄月琴以前就有精神病,并不是人民法院误发传票的行为才导致其有精神病

B.不应当负赔偿义务,因为人民法院误发传票的行为只是给其精神造成损害,而对于精神赔偿在我们国家赔偿中是不存在的

C.不应当承担赔偿义务,因为黄某所受损害是由人民法院工作人员的个人行为造成的,应当由有关责任人员负赔偿责任

D.人民法院可以根据《民法通则》第 121条的规定承担赔偿义务

答案

参考答案:D

解析:[考点] 国家侵权责任 本案之情形,符合《民法通则》第121条规定的国家机关特别侵权责任,不应适用《国家赔偿法》的规定。

阅读理解

阅读理解。

     Like many other small boys, I was fascinated by cars, especially because my oldest brother was a bit

of a car guy and subscribed to cool magazines like Car and Driver and Motor Trend. Every so often, one of those magazines would run an article on the "Car of the Future". They featured unconventional things

like small nuclear reactors as power sources. Yet, frankly, my car doesn't do anything that my brother's

Studebaker didn't do. It goes, it stops, it burns gasoline. I still have to steer it, and it still runs into things if

I don't steer it carefully.

     But guess what? All of these things are likely to change in the not-so-distant future. It may not burn

gasoline, I may not have to steer it, and it may be a lot better at not running into things.

Airbags (安全气囊) aren't the be-all and end-all in safety. In fact, considering the recent news about

people occasionally being killed by their airbags in low-speed collisions, they obviously still need some

development. But they aren't going away, and in fact, you can expect to see cars appearing with

additional, side-impact airbags, something some European car manufacturers already offer.

     Better than systems to minimize injury in the event of an accident ,however, are systems that minimize

the likelihood of an accident happening. Future cars may be able to remove many of the major causes of

accidents, including drunk-driving, and tailgating (与前车距离过近). Cars could be equipped with

sensors that can detect alcohol in a driver's system and prevent the car from being started, for example.

As early as next year, you'll be able to buy cars with radar-equipped control systems. If the radar

determines you're closing too quickly with the car in front, it will ease up on the throttle (油门). 

     Will cars eventually be able to drive themselves? There's no reason to think it won't be technically

possible, and Mercedes is working on a system that can brake, accelerate and steer a vehicle down a

highway on its own. Nobody really expects people to give up all control to their cars, but such systems

could be used as failsafe (自动防止故障)systems to keep cars on the road and bring them safely to a

stop even if the driver suddenly became disabled.

1.Why was the author fascinated by cars?

A. Because he read unconventional things about cars in his brother's magazines.

B. Because other small boys liked to own a car of their own, too.

C. Because his oldest brother loved to take him to places in his car.

D. Because he subscribed to cool car magazines.

2. By saying "my car doesn't do anything that my brother's Studebaker didn't do", the author means

     that_____.

A. my car is far better than my brother's    

B. my car is not as good as my brother's

C. much improvement has been made in the design of cars recently

D. not much has changed in the performance of cars so far

3.Which of the following statements is true of airbags?

A. They are going to disappear gradually.

B. They are in need of further improvement.

C. They kill people instead of protecting them in low-speed collisions.

D. They are a standard feature of European cars.

4.According to the author, what will future cars do if the sensors detect alcohol in the driver's system?

A. They will give a warning in advance.

B. They will brake automatically.

C. They will not start.

D. They will ease up on the throttle.

5.Which of the following statements is true according to the last paragraph?

A. Cars will be able to drive themselves.

B. People will give up all control to their cars

C. No cars will ever break down on the roads.

D. Cars will all be equipped with failsafe systems.

问答题 简答题