问题 多项选择题

甲公司与乙村村委会开办的经济开发公司共同出资设立丙公司,生产新型化工原料。由于资金紧缺未建污水处理池。丙公司将生产废水直接排入小河。村民黄某听说此废水经处理可以代替氨肥使用,即购买了多个大铁罐收集等待出售,因铁罐腐烂,废液渗入院中水井,引起全家中毒。因废水含碳氨超标,致使引河水灌溉的村民林某和陈某承包地里的农作物大量死亡。林某、陈某与黄某分别诉至法院,请求停止侵害并赔偿损失。法院经委托鉴定机构检测,确认丙公司排放的水中碳氨含量超过国家规定的标准。

在林某、陈某的损害赔偿案中,被告的举证责任包括( )。

A.被告主观上无过错

B.排污行为与损害结果之间无因果关系

C.法律规定的不承担责任的情形

D.法律规定的减轻责任的情形

答案

参考答案:B,C

解析: 《最高法院关于民事诉讼证据的若干规定》第四条第三款规定,因环境污染引起的损害赔偿诉讼,由加害人就法律规定的免责事由及其行为与损害结果之间不存在因果关系承担举证责任。

阅读理解

Have you felt annoyed when a cell phone (手机)rings during the class? Something must be done to stop this. Now in New York City, USA, a rule is carried out(执行) in schools. Students can’t even bring cell phones to school. Is it a good thing or not?

Anxious(焦虑的) parents say that cell phones are an important tool in holding New York City’s families together.

“I worry about it,” said Elizabeth Lorris Ritter, a mother of a middle school kid. “It’s necessary in our everyday life. We have a washing machine, we have running water, and we have cell phones.”

A number of Americans think cell phones connect them to children on buses, getting out from subways, walking through unknown places.

“I have her call me when she gets out school,” said Lindsay Walt, a schoolgirl’s mother. “No one in New York is going to let their children go to school without a cell phone.

What about the cell phone owners, the students? Most of the students said that cell phones were necessary and the cell phone was like an extra(额外的)hand or foot for them.

“I feel so empty,” said May Chom, 14. “There is also no way to listen to music on the way to school without my phone. It will be a really, really boring trip.”

小题1:. Elizabeth Lorris Ritter is worried that ______________.

A.students are not allowed to bring cellphones

B.students spend too much time in listening to music on the cellphones

C.students bring cellphones to school and they often ring during the class

D.no rule is carried out to stop students from bringing cellphones to school小题2:. ____________ American parents disagree with the rule that students can’t bring cellphones to school.

A.Many

B.Some

C.Few

D.No小题3: May Chom likes to ______________.

A.go to school without a cellphone

B.chat with her friends on the cellphone on the way to school

C.walk through unknown places with a cellphone

D.bring a cellphone to school小题4: This writer wants to tell us the __________ in carrying out the rule not

to use a cellphone in school.

A.importance

B.problem

C.happiness

D.impossibility (不可能)

问答题 简答题