问题 单项选择题

高度危险作业致人损害的民事责任的归责原则是

A.过错责任原则

B.公平责任原则

C.无过错责任原则

D.过错推定责任原则

答案

参考答案:C

解析:[解题指导] 本题的考点为高度危险作业致人损害的民事责任的归责原则。《民法通则》第123条规定:“从事高空、高压、易燃、易爆、剧毒、放射性、高速运输工具等对周围环境有高度危险的作业造成他人损害的,应当承担民事责任;如果能够证明损害是由受害人故意造成的,不承担民事责任。”2009年12月26日第十一届全国人民代表大会常务委员会第十二次会议通过、2010年7月1日起施行的《侵权责任法》第69条规定:“从事高度危险作业造成他人损害的,应当承担侵权责任。”侵权行为法理论中,一般都认为高度危险作业致人损害适用的是“无过错责任原则”。据此,本题C项为正确答案。 [错误防范] 本题的考点为特殊侵权责任的归责原则的法律规定和原理,全面理解各种特殊侵权行为的归责原则,才能正确应对此类考题。

阅读理解

阅读理解。

     Scientists have known for a long time that very loud noises can cause hearing damage or loss (损失).

The noise can be the sound of an airplane or machines in factories or loud music or other common sounds

found at home or at work.

     A famous scientist has found that using aspirin (阿斯匹林) can increase the temporary (暂时的) hearing

loss or damage from loud noises. He did an experiment using a number of volunteers who all had normal

hearing. He gave them different amounts of aspirin for different periods of time, then he tested their hearing

ability. He found that volunteers who were given four grams of aspirin a day for two days suffered (受苦)

much greater temporary hearing loss than those who did not use aspirin. The hearing loss was about two

times as great.

     The scientist said millions of persons in the world use much larger amounts of aspirin than those used

in his experiment. He said these persons may face a serious danger of suffering hearing loss from loud noises.

1. The passage tell us that one's hearing can be damaged (损伤) by_________.

A. the sound of an airplane or machines in factories

B. loud music or other common sounds found at home or at work

C. both A and B

2. Scientists have learned that _________.

A. one may die if he hears a loud noise

B. one may lose his hearing when he hears a terribly loud noise

C. loud noises can only cause damage to the hearing of young people

3. From the passage we know that aspirin _________.

A. can help us to improve our hearing ability

B. makes the temporary hearing damage from loud noises worse

C. makes the temporary hearing damage from loud noises better

4. A large number of people may suffer hearing loss because they_________.

A. take too much aspirin

B. don't realize the bad effect of loud noises

C. never take aspirin

5. Which of the following is true according to the passage?

A. Scientists have just found out that loud noises can't cause hearing damage or loss.

B. The volunteers who took eight grams of aspirin during two days suffered greater

     than those who didn't take aspirin.

C. The scientist did an experiment using volunteers who didn't have normal hearing.

单项选择题