问题 问答题

2002年10月,某县新建派出所在查赌过程中抓获张强等5人聚赌,张强等人被抓到派出所后,在办理手续过程中与合同民警顾某发生口角,顾某与另一合同民警李明将张强带入一间无人的办公室,用电警棍,皮带殴打了张强半个多小时,造成多处软组织损伤,肾挫伤.当晚县公安局对张强作出拘留7天,罚款1500元的决定.张强在被释放后,向县人民法院提起诉讼,请求法院判令被告某县公安局赔偿医疗费及营养费1500元.问派出所雇佣的合同民警的职务违法行为,某县公安局是否应负赔偿责任构成国家赔偿责任要件之一的职务行为主体应包括哪些人员

答案

参考答案:

在本案中派出所雇佣同民警殴打相对人,造成的损害,应当由县公安局负赔偿责任.根据《国家赔偿法》第B条规定国家机关和国家机关工作人员违法行使职权侵犯公民,法人和其他组织的合法权益造成损害的,受害人有依照本法取得国家赔偿的权利.合同民警虽然不是国家机关的正式工作人员,但他们受国家机关的雇佣执行国家公务,他们在执行公务的过程中的违法行为造成的损害,应由雇佣他们的国家机关负赔偿责任.因此,对于派出所雇佣的合同民警的职务违法行为,某县公安局应负赔偿责任.

阅读理解

it tastes just chicken

Away from home, eating is more than just a way to keep your stomach full.It is a language all its own, and no words can say, "Glad to meet you ...glad to be doing business with you ..." quite like sharing a meal offered by your host.

Clearly, mealtime is not the time for you to say, "Thanks, but no thanks." Acceptance of the food on your plate means acceptance of host, country, and company.So, no matter how difficult it may be to swallow, swallow.Or, as one experienced traveler says, "Travel with a cast-iron stomach and eat everything everywhere."

Often, the food offered represents proudly your host country's eating culture.What would Ataiericans think of a French person who refused to take a bite of homemade apple pie or sirloin? Our discomfort comes not so much from the thing itself; it comes from our umamiliarity with it.After all, an oyster has remarkably the same look as a sheep's eye; and a first look at a lobster would remind almost anybody of a creature from a science fiction movie, not something you dip in butter and eat.By the way, in Saudi Arabia sheep's eyes are a famous dish and in parts of China it's bear's paw soup.

Can you refuse such food without being rude? Most experienced business travelers say no, at least not before taking at least a few bites.It helps, though, to slice any item very thin.This way, you minimize the taste and the reminder of where it came from.Or, " Swallow it quickly, " as one traveler recommends."I still can't tell you what sheep's eyeballs taste like." As for dealing with taste, the old line that "it tastes just like chicken" is often thankfully true.Even when the "it" is really rat or snake.

Another useful piece of advice is not knowing what you are eating.What's for dinner? Don't ask. Avoid glancing into the kitchen or looking at English-language menus.Your host will be pleased that you are eating the food he offers, and who knows? Maybe it really is chicken in that soup.

小题1:The purpose of the article is to ____.

A.introduce unfamiliar food

B.share the writer's personal experiences

C.suggest ways to overcome a cultural barrier

D.advise on how to politely refuse to eat foreign food小题2:According to the writer, people hesitate at strange food mainly due to ____.

A.the way it looks

B.safety worries

C.lack of information about it

D.the unfamiliar atmosphere小题3:From the article we can infer that ____.

A.an American may feel comfortable with sirloin

B.one should refuse strange food after a few bites

C.English-language menus are not always dependable

D.one needs a cast-iron stomach to travel in other cultures小题4:One may say "It tastes just like chicken." when ____.

A.showing respect for chicken-loving nations

B.greeting people with different dieting habits

C.evaluating chefs at an international food festival

D.getting someone to try a visually unpleasant meal

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