问题 问答题 论述题

简述在网上支付与结算中实行推定过错责任原则的理由。

答案

参考答案:

推定过错原则,是从违约或损害事实中推定致害一方的当事人在主观上有过错。采用这一原则原因如下:

首先,这是由于网上支付与结算所固有的特点决定的。支付结算中的各个环节都涉及到管理软件,大型服务器和Internet网络的先进技术,每个当事人采用的硬件设备和管理软件都有可能不同,其内部运行结构和数据可能部分涉及到商业秘密,如果要求受害者去证明加害人的过错是十分困难的。

其次,网上支付与结算属于发展中的技术,所涉当事人或多或少面临末知风险,如果简单地适用无过错责任原则,在证明对方过错十分困难的情况下,被告可能承担全部责任,这对技术进步与创新显然是不利的。对于起步阶段的中国网上支付与结算来说,实行推定过错责任原则是尤为重要的。

完形填空

As darkness fell, hundreds of people in the Swiss village left their houses. They were staring      36  at the mountain top in the distance. It was covered with  37 , beautiful and dangerous.

The huge mountain is called Matterhorn. Mountain climbers had   38  the top, using the southern route. But no one had ever dared to try a winter climbing up the   39  side. But now one man was daring to try the   40  route. He was Walter Bonatti, a great mountain climber from Italy.

For two days he had climbed. The village people had watched him   41 . Now they were waiting to see his   42 . If he planned to   43  the next day, he would light a green signal. A red light would mean that he was   44 .

A tiny green light   45 high on the mountain side. Bonatti was not giving up! The people      46 .

The next day he   47  his way upward. He was so lonely and so tired! But he would not give up. Again that night he lit the   48 light.

In the morning, Bonatti looked up. He could not see the top, but he knew he was   49  there.   50  the climb was painful, he moved up.

Bonatti had spent months   51  for the climb. Was the training enough? Did he have the strength and   52  to climb to the top?

He was finally at the top! News about his   53 was radioed to the world.

The trip down the southern  54 was easy. He was warmly welcomed in the village. He had done the "  55 ", and would be well remembered as a climber of all time.

小题1:..

A.up

B.down

C.back

D.forward小题2:..

A.green trees

B.flowers

C.rocks

D.ice and snow小题3:. 

A.passed

B.reached

C.climbed

D.watched小题4:. 

A.eastern

B.western

C.northern

D.southern小题5:. 

A.different

B.difficult

C.easy

D.same小题6:. 

A.anxiously

B.carefully

C.patiently

D.eagerly小题7:. 

A.signal

B.flag

C.face

D.figure小题8:. 

A.go down

B.come back

C.go on

D.give up小题9:. 

A.turning around

B.turning back

C.moving up

D.in danger小题10:. 

A.raised

B.rose

C.disappeared

D.appeared小题11:. 

A.cheered

B.shouted

C.laughed

D.jumped小题12:. 

A.stopped

B.abandoned

C.continued

D.ended小题13:. 

A.green

B.yellow

C.blue

D.red小题14:. 

A.already

B.surely

C.almost

D.no longer小题15:. 

A.Because

B.Though

C.Since

D.When小题16:. 

A.asking

B.planning

C.preparing

D.training小题17:..

A.money

B.wish

C.effort

D.skill小题18:.

A.victory

B.climb

C.courage

D.thing小题19:..

A.pace

B.route

C.path

D.passage小题20:..

A.necessary

B.great

C.important

D.impossible

单项选择题