问题 问答题

简述侵权责任的抗辩事由。

答案

参考答案:侵权责任的抗辩事由是指加害人针对受害人提出的民事赔偿请求,提出合理原因,要求免除或减轻其赔偿责任的事实。一般来说,侵权责任的抗辩事由可以分为正当理由与外来原因。
(1)正当理由。正当理由是指加害人虽实施了对受害人造成损失的行为,但其行为是正当、合法的。正当理由着眼于加害行为本身的合法性或合理性,即承认某行为是损害发生的原因,但主张行为的实施有合法的根据。正当理由包括以下五种行为:依法执行职务的行为、正当防卫行为、紧急避险行为、私力救济、受害人同意的行为。
(2)外来原因。外来原因是指行为人将损害发生的全部或部分原因归结于某种外部事件或他人的行为,从而主张其行为不构成或不单独构成法律上应负责任的原因。作为抗辩事由的外来原因包括不可抗力、意外事件、受害人过错和第三人过错。

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The bee,like the ant,is a social insect(昆虫).Bees live in large groups in box-like houses called hives or beehives.Every bee does a certain job that helps the other members of the group.In a beehive there live three kinds of bees:the queen bee,the male bees and the worker bees.The worker bees are born to be hard-working,flying from flower to flower collecting nectar(花蜜),which is made up mostly of sugar mixed with water.Bees draw this nectar into their honey bags where some sort of liquid in their bodies turns the nectar into honey.The newly made honey flows slowly from the bees’ underside and then is stored in small cells in the hive.When the weather turns cold,and there are no flowers for them to collect nectar,the stored honey will see them through the winter months.People who raise bees and depend on bees for a living are thought of as beekeepers.A bee-keeper usually keeps hundreds of hives,and removes honey from hives and keeps it in glass bottles or jars.Honey usually appears as a clear golden-colored liquid,but this lies in the sort of flowers from which bees have taken the nectar.

66.The best title of this passage is_______.

A.The Social Habits of Bees                              B.Three Kinds of Bees

C.The Production of Honey                               D.Bee Keepers’ Work

67.Bees are regarded as social insects because they_______.

A.form themselves into a good organization

B.have learned something from human society

C.need beekeepers to arrange their jobs

D.are born to work hard

68.The color of honey in its final stage depends on the_______.

A.type of flowers which the nectar is taken from

B.amount of sugar the beekeeper gives the bees

C.season in which the nectar is collected

D.quantity of water the bees are able to drink

69.Worker bees are always busy collecting nectar in order to_______.

A.help beekeepers to earn money from honey

B.turn it into honey

C.have something to eat in winter months

D.please the queen bee at the hive

70.During the course in which nectar change into honey_______.

A.water and sunlight are necessary conditions

B.some special liquid inside bees must be in the presence

C.many complex(复杂的)chemical changes will take place

D.worker bees have to bring up what they collected into their hive