问题 问答题

简述公民的民事权利能力与民事行为能力。

答案

参考答案:

公民的民事权利能力是指能够作为民事主体从而享有民事权利和承担民事义务的资格,自然人的民事行为能力,是指自然人能够以自己的行为独立参加民事法律关系,取得民事权利和承担民事义务的资格。自然人的民事行为能力和民事权利能力都是由法律规定的,非依法律不得限制和剥夺,但两者是有区别的:

第一,民事权利能力是每一个自然人都具备的能相应权利和承担义务的资格;民事行为能力则并非每个自然人都能够具备的。

第二,民事权利能力始于出生,止于死亡;民事行为能力则以意识能力的存在为前提,有意识能力即有行为能力,无意识能力则无行为能力。

阅读理解

An elderly woman died and several other passengers were critically injured when a crowded Virgin express train crashed in Cumbria last night.

A huge rescue operation involving RAF helicopters and dozens of ambulances arrive. After passengers were trapped in the train for more than four hours because fallen power line poles made access for emergency workers difficult.

Authorities reported up to 80 injuries. Thirteen people were taken to hospital in a“critical or serious condition.”

Between 180 and 200 passengers were on the 5:15pm Virgin service from London Euston to Glasgow Central when all nine carriages left the rails between Oxenholme and Tebay. Witnesses said that the train shook violently before toppling(倾斜) over into an embankment(筑堤)with at least four carriages overturning. Early this morning, authorities confirmed an elderly woman had died and some other passengers had suffered injuries including back strains, head wounds and broken bones.

Ruth Colton, a passenger on the train, said she was reading a book when the journey became uncomfortable. It seemed that the train was being beaten by heavy winds,“as if we were on a plane”.

The accident brought concerns that Britain's busiest rail route would be crippled(瘫痪)for some time. The line between Preston and Carlisle was postponed as Virgin Trains promised a rapid investigation into the “serious incident”—the company's first big crash.

It is understood that the investigation will examine whether there was an obstacle on the track and the possibility of speeding or mechanical breakdown. The driver, who was injured, will be interviewed and a black-box recorder installed in the train will be examined.

小题1:What made the rescue come so late?

A.It's not accessible to reach the accident spot.

B.No enough helicopters and ambulances could be found at that time.

C.It was too far from hospital to Cumbria.

D.No one called the emergency center.小题2:According to the passage, the busiest rail route in Britain is          

A.From Preston to Carlisle

B.Between Euston and Glasgow

C.From Oxenholme to Tebay

D.Between Virgin and Pendolino小题3:What does the underlined word “critical”mean?

A.Important.

B.Careless.

C.Dangerous.

D.Surprising.小题4:Which of the following is the possible cause of the accident?

A.Careless driving.

B.Heavy wind.

C.Over loading.

D.Obstacle on the track.小题5:We can learn from the passage that Virgin Trains               

A.made no quick reaction to this accident

B.seldom had so serious an accident before

C.had made full preparations for the accident

D.didn't mind how many passengers the train can hold

单项选择题