问题 多项选择题

我国《海商法》对海上旅客运输合同承运人的赔偿责任贯彻了完全的过失责任制,而且在某些情况下实行了过失推定。下面哪些情形下适用过失推定原则

A.旅客及其行李在约定的运送期间,因承运人的受雇人、代理人在受雇或者受委托的范围内的过失引起事故,造成旅客人身伤亡或者行李灭失、损坏的

B.旅客的人身伤亡或者自带行李的灭失、损坏,是由于船舶的沉没、碰撞、搁浅、爆炸、火灾所引起的或者是由于船舶的缺陷所引起的

C.旅客自带行李以外的其他行李灭失或者损坏的

D.旅客自带的货币、金银、珠宝、有价证券或者其他贵重物品发生灭失或损坏的

答案

参考答案:B,C

解析:[考点] 海商法中的过失推定原则 参见以下法条: 《海商法》第114条:“在本法第一百一十一条规定的旅客及其行李的运送期间,因承运人或者承运人的受雇人、代理人在受雇或者受委托的范围内过失引起事故,造成旅客人身伤亡或者行李灭失、损坏的,承运人应当负赔偿责任。 请求人对承运人或者承运人的受雇人、代理人的过失应当负举证责任;但是,本条第三款和第四款规定的情形除外。 旅客的人身伤亡或者自带行李的灭失、损坏,是由于船舶的沉没、碰撞、搁浅、爆炸、火灾所引起或者是由于船舶的缺陷所引起的,承运人或者承运人的受雇人、代理人除非提出反证,应当视为其有过失。 旅客自带行李以外的其他行李的灭失或者损坏,不论由于何种事故所引起,承运人或者承运人的受雇人、代理人除非提出反证,应当视为其有过失。” 第115条:“经承运人证明,旅客的人身伤亡或者行李的灭失、损坏,是由于旅客本人的过失或者旅客和承运人的共同过失造成的,可以免除或者相应减轻承运人的赔偿责任。 经承运人证明,旅客的人身伤亡或者行李的灭失、损坏是由于旅客本人的故意造成的,或者旅客的人身伤亡是由于旅客本人健康状况造成的,承运人不负赔偿责任。” 第116条:“承运人对旅客的货币、金银、珠宝、有价证券或者其他贵重物品所发生的灭失、损坏,不负赔偿责任。 旅客与承运人约定将前款规定的物品交由承运人保管的,承运人应当依照本法第一百一十七条的规定负赔偿责任;双方以书面约定的赔偿限额高于本法第一百一十七条的规定的,承运人应当按照约定的数额负赔偿责任。” 依此可知BC项为正确答案。

选择题
阅读理解

阅读理解。

     Beauty has always been regarded as something praiseworthy.Almost everyone thinks attractive

people are happier and healthier,have better marriages and have more respectable occupations.

Personal consultants give them better advice for finding jobs.Even judges are softer on attractive

defendants(被告).But in the executive circle,beauty can become a liability.

While attractiveness is a positive factor for a man on his way up the executive ladder,it is harmful

to a woman.

     Handsome male executives were thought as having more integrity than plainer men;effort and

ability were thought to account for their success.

     Attractive female executives were considered to have less integrity than unattractive ones their

success was attributed not to ability but to factors such as luck.

     All unattractive women executives were thought to have more integrity and to be more capable

than the attractive female executives.Interestingly,though,the rise of the unattractive overnight successes

was attributed more to personal relationships and less to ability than that of attractive overnight

successes.

     Why are attractive women not thought to be able?An attractive woman is thought to be more feminine

and an attractive man more masculine(有男子气概的)than the less attractive ones.Thus,an attractive

woman has an advantage in traditionally female jobs,but an attractive woman in a traditionally masculine

position appears to lack the"masculine"qualities required.

     This is true even in politics."When the only clue is how he or she looks,people treat men and women

differently,"says Anne Bowman,who recently published a study on the effects of attractiveness on

political candidates.She asked 125 undergraduate students to rank two groups of photographs,one

of men and one of women,in order of attractiveness.The students were told the photographs were

of candidates for political offices.They were asked to rank them again,in the order they would vote

for them.

     The results showed that attractive males utterly defeated unattractive men,but the women who had

been ranked most attractive invariably received the fewest votes.

1.The underlined word "liability"(in Para.1)most probably means "________".

A.misfortune  

B.instability

C.disadvantage  

D.burden

2.In traditionally female jobs,attractiveness________.

A.reinforces(加强)the feminine qualities required

B.makes women look more honest and capable

C.is of primary importance to women

D.often enables women to succeed quickly

3.Bowman's experiment reveals that when it comes to politics,attractiveness________.

A.turns out to be an obstacle to men

B.affects men and women alike

C.has as little effect on men as on women

D.is more of an obstacle than a benefit to women

4.It can be inferred from the passage that people's views on beauty are often________.

A.practical  

B.prejudiced

C.oldfashioned  

D.pessimistic

5.The author writes this passage to________.

A.demand equal rights for women

B.emphasize the importance of appearance

C.discuss the negative aspects of being attractive

D.give advice to jobseekers who are attractive