问题 多项选择题

马东于1999年12月在本市一火锅城与妻子、九岁女儿一起进餐时,燃气灶突然爆炸,将马东妻子、九岁女儿烧成三度重伤,导致终身残疾,同时将邻桌的肖明烧伤。事后,马东找火锅城索赔,火锅城认为是燃气灶本身的缺陷所致,应找商家和厂家赔偿。但马东到电子商场多次交涉,电子商场百般推脱,说商场只负责销售,产品质量问题应找厂家。马东找市厨房设备厂交涉,厨房设备厂认为是顾客使用不当所致。在火锅城、商家和厂家均不愿赔偿的情况下,马东向当地法院起诉。

对受害人造成的人身损害,可以提起民事诉讼的人有( )。

A.马东

B.马东妻子

C.马东女儿

D.肖明

答案

参考答案:A,B,C,D

解析: 马东妻子和肖明是受害人,又是完全民事行为能力人,可以提起民事诉讼,马东女儿虽没有民事行为能力但有民事权利能力,所以也能提起诉讼,案例中马东的女儿无诉讼行为能力,可由父亲马东作为法定代理人代为诉讼。故选ABCD。

填空题
单项选择题

Despite Denmark’s manifest virtues, Danes never talk about how proud they are to be Danes. When Danes talk to foreigners about Denmark, they always begin by commenting on its tininess, its unimportance, the difficulty of its language, the general small-mindedness and self-indulgence of their countrymen and the high taxes.
It is the land of the silk safety net, where almost half the national budget goes toward smoothing out life’s inequalities, and there is plenty of money for schools, day care, retraining programs, job seminars—Danes love seminars: three days at a study centre heating about waste management is almost as good as a ski trip. It is a culture bombarded by English, in advertising, pop music, the Internet, and despite all the English that Danish absorbs—there is no Danish Academy to defend against it. It is the land where a foreigner is struck by the sweet egalitarianism that prevails. It’s a nation of recyclers—about 55 percent of Danish garbage gets made into something new—and no nuclear power plants. It’s a nation where things operate well in general.
A brochure from the Ministry of Business and Industry says, "Denmark is one of the world’s cleanest and most organized countries, with virtually no pollution, crime, or poverty. Denmark is the most corruption-free society in the Northern Hemisphere." So, of course, one’s heart lifts at any sighting of Danish sleazo: skinhead graffiti on buildings ("Foreigners Out of Denmark!"), broken beer bottles in the gutters, dmnken teenagers slumped in the park.
Nonetheless, it is an orderly land. However, Danes don’t think of themselves as a waiting-at-2-a, m.-for-the-green-light people. Danes see themselves as jazzy people, improvisers, more free spirited than Swedes, but the troth is that Danes are very much like Germans and Swedes. Orderliness is a main selling point. Denmark has few natural resources and limited manufacturing capability; its future in Europe will be as a broker, banker, and distributor of goods. You send your goods by container ship to Copenhagen, and these bright, young, English-speaking, utterly honest, highly disciplined people will get your goods around to Scandinavia, the Baltic States and Russia. Airports, seaports, highways and rail lines are ultramodern and well-maintained.
The orderliness of the society doesn’t mean that Danish lives are less messy or lonely than yours or mine, and no Dane would tell you so. But there is a sense of entitlement and security that Danes grow up with. Certain things are yours by virtue of citizenship, and you shouldn’t feel bad for taking what you’re entitled to, you’re as good as anyone else. The rules of the welfare system are clear to everyone, the benefits you get if you lose your job,the steps you take to get a new one; and the orderliness of the system makes it possible for the country to weather high unemployment and social unrest without a sense of crisis.

The author thinks that Danes adopt a(n) ______ attitude towards their country.

A.boastful

B.unpretentious

C.deprecating

D.mysterious