问题 单项选择题

张大(20岁)与张二(14岁)走到张三家门口,见张三家门口有一条狗睡觉,张大对张二说,你拿一块石头去打狗,看它有何反应,张二因此打狗。狗被打后向张二扑来,张二见势不妙忙躲在迎面走来的张四身后,狗咬伤了张四。张四为此花去医药费1000元。对此费用应如何承担:

A.主要由张三承担,张二的监护人承担适当部分

B.主要由张二的监护人承担,张三承担适当部分

C.主要由张大承担,张二的监护人承担适当部分

D.主要由张二的监护人承担,张大承担适当部分

答案

参考答案:C

解析:理由:本题考查民事侵权赔偿责任问题。
《民法通则》第133条第1款规定:“无民事行为能力人、限制民事行为能力人造成他人损害的,由监护人承担民事责任,监护人尽了监护责任的可以适当减轻他的民事责任。”第127条规定:“饲养的动物造成他人损害的,动物饲养人或者管理人应当承担民事责任;由于受害人的过错造成损害的,动物饲养人或者管理人不承担责任;由于第三人的过错造成损害的,第三人应当承担民事责任。”本题中张二受张大的教唆打狗致张四损害,因此狗的饲养人张三不承担责任,而应由有过错的第三人张大和张二共同承担责任,并且应由张大承担主要责任,但由于张二是未成年人,根据上述规定应由其监护人承担责任。因此C是正确答案。

阅读理解

It was a quiet village in which there was a military(军队的) camp. It was far from the towns and cities and there were some high mountains around. Of course it was a good place for training the new soldiers. But it was difficult for the young men to go outside. Mr. White, an officer of forty, was strict with them and he hardly let them leave the camp.

  Once Mr. White was ill in bed. He couldn't work and a young officer, Mr. Hunt, began to train the new soldiers instead of him. He knew the young men well and let nine soldiers go to the nearest town to have a holiday. But night fell and none came back to the camp. He was worried about it and stood at the gate. It was five to twelve when Mr. Hunt decided to go to the town and see what was happening to the young men. He started the car quickly and set off. At that moment the nine soldiers came back. It seemed they were all drunk. Of course they found the officer was angry.

  "I'm sorry, sir," said the first soldier. "I left the town on time. But something was wrong with my bus on my way here. I had to buy a horse and made it run fast. Bad luck! It died and I had to run back."

  And the other seven soldiers said they were late for the same reason. It was the last soldier's turn. He said, "I'm sorry, sir. I got on a bus on time, but…"

  Having heard this, the officer became even angrier and stopped him at once. He called out, "If you say something was wrong with your bus, I'll punish you at once!"

  "No, no, sir," said the young man. "My bus was all right, but the dead horses were in its way!"

小题1:The military camp was built in the village to _______.

A.stop the soldiers going to towns

B.stop the soldiers meeting their friends

C.train the new soldiers

D.make the young men live quietly小题2:The young officer was worried because _______.

A.a traffic accident had happened

B.he was afraid something happened to the nine soldiers

C.the nine soldiers disappeared

D.the nine soldiers drank too much in the town小题3:The nine soldiers returned to the camp late because _______.

A.something was wrong with their buses

B.their horses died on the way back

C.it took them much time to run back

D.they all had drunk much in the town

选择题