问题 问答题 案例分析题

某化工厂附近的农民甲以该化工厂为被告向法院提起民事诉讼,声称自己承包的养鱼池因受到该化工厂排出的生产污水污染,造成养鱼池内鱼大量死亡,经济损失近十万元,请求法院判决该化工厂承担损害赔偿责任。被告化工厂否认农民甲养鱼池内鱼大量死亡是由化工厂排除的生产污水造成的。被告化工厂承认自己往养鱼池附近的一条河(河水上涨时,河水可以流到甲的养鱼池)排污,但其强调自己排污有必要的防护措施,排出的污水符合国家标准,不可能对养鱼池有污染,因此拒绝承担损害赔偿责任。请回答;对“农民甲养鱼池内鱼大量死亡是由化工厂排除的生产污水造成的”这一事实,应由原告或被告谁承担证明责任?请说明依据和理由。

答案

参考答案:

对“农民甲养鱼池内鱼大量死亡是由化工厂排除的生产污水造成的”这一事实,应由被告化工厂承担证明责任,即实行举证责任倒置。证明责任倒置,是指在特定的案件中,提出主张的当事人不需要提供证据证明其主张,而是依法律规定由对方当事人就该事实的存在或不存在负举证责任,若不能证明则承担不利的后果。《最高人民法院关于民事诉讼证据的若于规定》第四条规定,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。在本案中,农民甲以自己承包的养鱼池受到该化工厂排出的生产污水污染,造成鱼大量死亡为由,请求法院判决被告化工厂承担损害赔偿责任,属于因环境污染引起的损害赔偿诉讼, 应实行证明责任倒置。被告化工厂承认自己往养鱼池附近的一条河排污,但其强凋自己排污有必要的防护措施,排出的污水符合国家标准,不可能对养鱼池有污染,应就其排污行为与甲承包的养鱼池内鱼大量死亡的结果之间不存在因果关系承担证明责任。如果化工厂不能举证证明,则应承担损害赔偿责任。

判断题
单项选择题

The sudden, dramatic explosion in value of online social media sites like Facebook and Twitter is reminiscent of the rise, about 15 years ago, of the online businesses that created the "dotcom bubble. " The Internet was far less widely used than it is today. Still, visionaries saw the potential for the Internet we have today, so virtual companies sprung up and grew like weeds as investors threw money their way. Some, like Google and Amazon, developed an enduring online presence and lasting financial value. But far too many quickly lost value when it became apparent that their rapid growth wasn’t yielding revenue.

So, how much is Facebook’s network of users really worth The potential is clear—when so many people are gathered in one virtual place, offering so much personal information about themselves, they create an unprecedented platform for targeted advertising. Or they would, if they were on the network to shop. When eBay and Amazon suggest products to their customers, they’re talking to people who’ve already proven that they’re interested in buying similar products. People go on Facebook for a variety of reasons-to catch up with old friends, share pictures, make new acquaintances, and talk, sometimes endlessly, about themselves. Whether they’ll appreciate having their virtual conversations interrupted by advertising, targeted or not, remains unclear.

It’s also unclear whether Facebook will actually be able to share information about its users’ browsing habits with advertisers. Complaints about the ineffectiveness of Facebook’s privacy policies have arisen in multiple countries, part of a larger social concern about how private information gets used on line. In December, the Federal Trade Commission issued a proposed framework that, among other things, would permit Facebook users to block advertisers from accessing information about their online interests. If that framework is implemented and widely used by Facebook subscribers, it could seriously impair the site’s value as a potential platform for targeted marketing.

What is clear is that Goldman Sachs has a significant interest in Facebook’s financial value, at least for the short term. Goldman Sachs’ decision to invest heavily in Facebook has had some interesting impacts. For one thing, the investment has allowed Facebook an opportunity to postpone issuing an IPO. That means that, at least for the moment, Facebook doesn’t yet have to disclose its finances or publicly address investor complaints.

Goldman Sachs’ investment also puts the firm in an ideal position to handle Facebook’s IPO when it eventually is issued, perhaps sometime next year. That, of course, has the potential to generate substantial revenues for Goldman Sachs’ clients. Google’s 2004 IPO raised an initial $1.2 billion for the company. After all the propaganda, Facebook’s IPO can hardly be expected to raise less. However, there remains a significant question as to whether Facebook’s potential for generating income is more virtual than real. If it turns out that Facebook can’t live up to its potential for generating advertising revenue, venture capitalists who invest for the long term may get burned.

Companies like Amazon and Facebook earn their money by()

A. luring more visitors to their sites

B. providing easily accessible services

C. attracting advertisements

D. offering a platform for free conversations