问题 问答题 简答题

试述国家赔偿与民事赔偿的区别。

答案

参考答案:

在我国,国家赔偿是独立于民事赔偿的自成体系的法律制度,二者的区别表现在:

(1)赔偿主体不同。国家赔偿的主体是国家,但具体的赔偿义务由法定赔偿义务机关履行;而民事赔偿的主体是民事主体,赔偿主体与赔偿义务人是一致的。

(2)赔偿发生的基础不同。国家赔偿发生在国家权力的运作过程中,由国家侵犯行为引起,而民事赔偿则由民事侵权行为引起,发生在民事活动中。

(3)归责原则不同。国家赔偿的归责原则主要是违法原则;而民事赔偿的归责原则主要是过错原则,以无过错原则和公平原则为补充。

(4)赔偿的程序不同。国家赔偿的程序分为行政赔偿程序和刑事赔偿程序;民事赔偿适用民事诉讼程序。

(5)赔偿范围不同。国家赔偿主要限于直接物质损害;民事赔偿包括物质损害和精神损害。

(6)赔偿方式不同。国家赔偿以支付赔偿金为主要赔偿方式;而民事赔偿既可采取余钱赔偿的方式,也可采用恢复原状等方式。

多项选择题 案例分析题
阅读理解

阅读理解.

     The clock struck eleven at night. The whole house was quiet. Everyone was in bed

except me. Under the strong light, I looked sadly before me at a huge pile of that troublesome

stuff they call "books".

     I was going to have my examination the next day. "When can I go to bed?" I asked 

     The clock struck twelve. "Oh, dear!" I cried. "Ten more books to read before I can

go to bed!" We pupils are the most wretched creatures in the world. Dad does not agree

with me on this. He did not have to work so hard when he was a boy.

     The clock struck one. I was quite desperate now. I forgot all I had learned. I was too

tired to go on. I did the only thing I could. I prayed, "Oh God, please help me pass the

exam tomorrow. I do promise to work hard afterwards, Amen." My eyes were so heavy

that I could hardly open them. A few minutes later, with my head on the desk, I fell asleep.

1. The underlined word "wretched" in Paragraph 3 probably means _______.

A. happy

B. disappointed

C. unhappy

D. hopeful

2. Reviewing his lessons that night didn't help him because ______.

A. it was too late at nightB. he was very tired

C. his eyelids were so heavy that he couldn't keep them open

D. he hadn't studied hard before the examination

3. What do you suppose probably happened to the author the next day______.

A. He went to a church to pray again.

B. He passed the exam all by luck.

C. He failed in the exam.

D. He was punished by his teacher.

4. The best title for the passage would be ______.

A. The Night Before the Examination

B. Working Far into the Night

C. A Slow Student

D. Going Over My Lessons