问题 问答题

(2003年)   三、(本题7分)   案情:张某在一风景区旅游,爬到山顶后,见一女子孤身站在山顶悬崖边上,目光异样,即心生疑惑。该女子见有人来,便向悬崖下跳去,张某情急中拉住女子衣服,将女子救上来。张某救人过程中,随身携带的价值2000元的照相机被碰坏,手臂被擦伤;女子的头也被碰伤,衣服被撕破。张某将女子送到山下医院,为其支付各种费用500元,并为包扎自己的伤口用去20元。当晚,张某住在医院招待所,但已身无分文,只好向服务员借了100元,用以支付食宿费。次日,轻生女子的家人赶到医院,向张某表示感谢。   问题:

张某应否赔偿女子衣服损失?为什么?

答案

参考答案:不应赔偿。因为此系在紧急情况下无过失造成(1分)。

解析:据民法理论,在无因管理中,管理人只有在故意或者重大过失造成本人损失的情况下承担损害赔偿责任。本题中张某系在紧急情况下作出的行为,主观上并无过错,因此不承担赔偿责任。

单项选择题
阅读理解

阅读理解。

                                                 Move Earth-it's no science fiction

     LONDON-Scientists have found an unusual way to prevent our planet from overheating:move it to

a cooler spot. All you have to do is send a few comets(彗星)in the direction of Earth, and its orbit will

be changed. Our world will then be sent spinning into a safer,c older part of the solar system.

     This idea for improving our climate comes from a group of US National Aeronautics and Space

Administration (NASA) engineers and American astronomers. They say their plan could add another

six billion years to the useful lifetime of our planet-effectively doubling its working life.

     The plan put forward by Dr. Laughlin, and his colleagues Don Korycansky and Fred Adams, needs

carefully directing a comet or asteroid so that it passes close by our planet and sends some of its

gravitational energy to Earth.

     "Earth's orbital speed would increase as a result and we would move to a higher orbit away from

the Sun,"Laughlin said.

     Engineers would then direct their comet so that it passed close to Jupiter or Saturn. The comet

would pick up energy from one of these giant planets. Later its orbit would bring it back to Earth, and

the process would be repeated.

     In the short term, the plan provides an ideal way to global warming,although the team was actually

concerned with a much greater danger. The sun is certain to heat up in about a billion years and so

"seriously compromise" our biosphere(生物圈)-by cooking us.

     That'  s why the group decided to try to save Earth.

     The plan has one or two worrying aspects, however. For a start,space engineers would have to

be very careful about how they directed their asteroid or comet towards Earth. The smallest

miscalculation(误算)in orbit could fire it straight at Earth-with deadly consequences.

     There is also the question of the Moon. As the current issue of Scientific American magazine

points out,  if Earth was pushed out of its current position it is "most likely the Moon would be

stripped away from Earth," it states. This would greatly change our planet'  s climate.

1. What makes the scientists plan to move Earth?

A. A few comets are moving to the direction of Earth.

B. Earth'  s working life is coming to an end soon.

C. Earth will become too hot for mankind to keep alive.

D. The moon is moving farther and farther away from Earth.

2. If the plan is successful,Earth will have a working life of________years.

A. 12 billion  

B. 6 billion

C. 18 billion  

D. 24 billion

3. What serious problems might the plan cause according to the passage?

A. The comet might hit Earth and man might lose the moon.

B. Earth might be moved too far away and man might be frozen to death.

C. The comet might hit Jupiter or Saturn and never return to Earth.

D. Earth'  s working life might be greatly shortened.

4. What does the underlined word "compromise" mean?

A. provide  

B. benefit

C. share  

D. endanger