问题 多项选择题

甲需要外出,遂把其小巧的笔记本电脑放在乙公司保险箱中保管,称笔记本电脑中存有其与其女朋友旅游时曾留下的珍贵录像资料,乙公司法人代表答应保管。一日,乙公司保管员丙因疏忽大意而忘记锁办公室门,晚上保险箱中的现金5万元和甲的笔记本电脑均被丁盗走,丁看到电脑中还有甲的女朋友的写真集时,便起了恶意,把单的女友的写真集挂在互联网上,甲看到后恼羞成怒,把乙和丙告上法庭。下列哪些说法是正确的?

A.乙丙侵犯了甲的女友的隐私权

B.丁侵犯了甲的女友的肖像权

C.甲可以请求乙赔偿其电脑损失以及请求精神损害赔偿

D.乙、丙对电脑损失应向甲负连带赔偿责任

答案

参考答案:B, C

解析:

本题中是丁将甲女友的写真集挂在互联网上的,所以侵犯甲女友隐私权和肖像权的是小偷丁,而不是乞丙,因此A项错误而B项正确。

《合同法》第374条规定:“保管期间,因保管人保管不善造成保管物毁损、灭失的,保管人应当承担损害赔偿责任,但保管是无偿的,保管人证明自己没有重大过失的,不承担损害赔偿责任。”《精神损害赔偿解释》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。”据此C项正确。

《侵权责任法》第34条第1款规定,用人单位的工作人员因执行工作任务造成他人损害的,由用人单位承担侵权责任。对于丙的行为,只是职务行为,应由其单位负责,单位负赔偿后可以向直接责任人丙追偿,所以D项错误。

单项选择题 A1/A2型题
单项选择题


In this section you will find after each of the passages a number of questions or unfinished statements about the passage, each with 4 (A, B, C and D) choices to complete the statement. You must choose the one which you think fits best. Blacken the corresponding letter as required on your Machine-scoring ANSWER SHEET. The time for this section is 70 minutes.

Questions 51-55 are based on the following passage.
To Err is Human
by Lewis Thomas
Everyone must have had at least one personal experience with a computer error by this time. Bank balances are suddenly reported to have jumped from $ 379 into the millions, appeals for charitable contributions are mailed over and over to people with crazy sounding names at your address, department stores send the wrong bills, utility companies write that they’re turning everything off, that sort of thing. If you manage to get in touch with someone and complain, you then get instantaneously typed, guilty letters from the same computer, saying, "Our computer was in error, and an adjustment is being made in your account."
These are supposed to be the sheerest, blindest accidents. Mistakes are not believed to be the normal behavior of a good machine. If things go wrong, it must be a personal, human error, the result of fingering, tampering a button getting stuck, someone hitting the wrong key. The computer, at its normal best, is infallible.
I wonder whether this can be true. After all, the whole point of computers is that they represent an extension of the human brain, vastly improved upon but nonetheless human, superhuman maybe. A good computer can think clearly and quickly enough to beat you at chess, and some of them have even been programmed to write obscure verse. They can do anything we can do, and more besides.
It is not yet known whether a computer has its own consciousness, and it would be hard to find out about this. When you walk into one of those great halls now built for the huge machines, and standing listening, it is easy to imagine that the faint, distant noises are the sound of thinking, and the turning of the spools gives them the look of wild creatures rolling their eyes in the effort to concentrate, choking with information. But real thinking, and dreaming, are other matters. On the other hand, the evidence of something like an unconscious, equivalent to ours, are all around, in every mail. As extensions of the human brain, they have been constructed the same property of error, spontaneous, uncontrolled, and rich in possibilities.

The rhetoric the author employed in writing the third paragraph, especially the sentence "A good computer can think clearly and quickly enough to beat you at chess..." is usually referred to in writing as ______.

A.climax

B.personification

C.hyperbole

D.onomatopoeia