问题 单项选择题

下列有关国家赔偿的说法哪一项是正确的:()

A.对因逮捕被羁押的人的赔偿实行违法归责制度

B.对刑事拘留的赔偿采用结果归责制度

C.《国家赔偿法》修正后,行政赔偿与行政补偿不再存在区别

D.在分析国家赔偿要件时,区分执行职务行为与非执行职务行为的标准是综合的

答案

参考答案:D

解析:考查国家赔偿的概念和特征、行政机关和司法赔偿的归责原则。对因逮捕被羁押的人的赔偿实行结果归责制度,而对刑事拘留的赔偿采用违法归责制度,《国家赔偿法》并未改变行政赔偿与行政补偿的区别。故选项ABC错误。

解答题
单项选择题

Passage Two

In 1998 consumers could purchase virtually anything over the Internet. Books, compact discs, and even stocks were available from World Wide Web sites that seemed to spring up almost daily. A few years earlier, some people had predicted that consumers accustomed to shopping in stores would be reluctant to buy things that they could not see or touch in person. For a growing number of time-starved consumers, however, shopping from their home computer was proving to be a convenient alternative to driving to the store.
A research estimated that in 1998 U.S. consumers would purchase $ 7.3 billion of goods over the Internet, double the 1997 total. Finding a bargain was getting easier, owing to the rise of online auctions and Web sites that did comparison shopping on the Internet for the best deal.
For all the consumer interest, retailing in cyberspace was still a largely unprofitable business, however. Internet pioneer Amazon. com, which began selling books in 1995 and later branched into recorded music and videos, posted revenue of $153.7 million in the third quarter, up from $ 37.9 million in the same period of 1997.Overall, however, the company’s loss widened to $ 45.2 million from $ 9.6 million, and analysts did not expect the company to turn a profit until 2003.Despite the great loss, Amazon com had a stock market value of many billions, reflecting investors’ optimism about the future of the industry.
Internet retailing appealed to investors because it provided an efficient means for reaching millions of consumers without having the cost of operating conventional stores with their armies of salespeople. Selling online carried its own risks, however. With so many companies competing for consumers’ attention, price competition was intense and profit margins thin or nonexistent. One video retailer sold the hit movie Titanic for $ 9.99, undercutting (削价) the $19.99 suggested retail price and losing about $ 6 on each copy sold.With Internet retailing still in its initial stage, companies seemed willing to absorb such losses in an attempt to establish a dominant market position.

Finding a bargain on the Internet was getting easier partly because______.

A.there were more and more online auctions

B.there were more and more Internet users

C.the consumers had more money to spend

D.there were more goods available on the Internet