问题 单项选择题

合同之债和侵权之债的区别不包括()。

A.合同之债是意定之债,侵权之债是法定之债

B.合同之债在于显示契约自由,侵权之债在于保障民事权利不可侵犯

C.合同之债举证责任在于由违约方自证无过错,侵权之债在于一般由受害人证明加害人有过错

D.违反合同行为一般为不作为,侵权行为则表现为作为

答案

参考答案:D

解析:

合同之债和侵权之债虽都是债,但二者有很大的区别,如性质、归责原则、责任承担方式等等。本题考查侵权行为的特点。

与合同之债相比,侵权行为之债具有如下特点:

(1)侵权行为之债由非法行为引起,性质上属于不法行为。而合同之债则由合法行为引起。

(2)侵权行为之债由加害人的单方行为所致,与受害人的意思和行为_无关;而合同之债须当事人双方意思表示一致。

(3)侵权行为之债是法定之债。它的发生是基于法律的规定;而合同之债为任意之债,法律一般不作强制性规定。

(4)侵权行为之债的内容主要为赔债损害,具有补偿受害人损失的作用;而合同之债的内 * * 本上都具有财产性质,债务人履行债务的目标,在于使债权人取得约定的利益。

单项选择题
单项选择题

Come on—Everybody’s doing it. That whispered message, half invitation and half forcing, is what most of us think of when we hear the words peer pressure. It usually leads to no good—drinking, drugs and casual sex. But in her new book Join the Club, Tina Rosenberg contends that peer pressure can also be a positive force through what she calls the social cure, in which organizations and officials use the power of group dynamics to help individuals improve their lives and possibly the word.

Rosenberg, the recipient of a Pulitzer Prize, offers a host of examples of the social cure in action: In South Carolina, a state-sponsored antismoking program called Rage Against the Haze sets out to make cigarettes uncool. In South Africa, an HIV-prevention initiative known as LoveLife recruits young people to promote safe sex among their peers.

The idea seems promising, and Rosenberg is a perceptive observer. Her critique of the lameness of many pubic-health campaigns is spot-on: they fail to mobilize peer pressure for healthy habits, and they demonstrate a seriously flawed understanding of psychology. "Dare to be different, please don’t smoke!" pleads one billboard campaign aimed at reducing smoking among teenagers teenagers, who desire nothing more than fitting in. Rosenberg argues convincingly that public-health advocates ought to take a page from advertisers, so skilled at applying peer pressure.

But on the general effectiveness of the social cure, Rosenberg is less persuasive. Join the Club is filled with too much irrelevant detail and not enough exploration of the social and biological factors that make peer pressure so powerful. The most glaring flaw of the social cure as it’s presented here is that it doesn’t work very well for very long. Rage Against the Haze failed once state funding was cut. Evidence that the LoveLife program produces lasting changes is limited and mixed.

There’s no doubt that our peer groups exert enormous influence on our behavior. An emerging body of research shows that positive health habits—as well as negative ones—spread through networks of friends via social communication. This is a subtle form of peer pressure: we unconsciously imitate the behavior we see every day.

Far less certain, however, is how successfully experts and bureaucrats can select our peer groups and steer their activities in virtuous directions. It’s like the teacher who breaks up the troublemakers in the back row by pairing them with better-behaved classmates. The tactic never really works. And that’s the problem with a social cure engineered from the outside: in the real world, as in school, we insist on choosing our own friends.

Paragraph 5 shows that our imitation of behaviors()

A. is harmful to our networks of friends

B. will mislead behavioral studies

C. occurs without our realizing it

D. can produce negative health habits