问题 不定项选择

某火车站派出所干警林某、刘某抓获贩卖火车票的票贩子李某。在派出所讯问李某时,李某拒不承认贩卖火车票,刘某、林某二人很恼火,对李某拳打脚踢,并用警棍电击,致李某昏厥。李某承认了贩票事实,刘、林二人作出处罚决定:捆绑示众5天以示惩戒。具体做法是每天将李某押至火车站广场,胸前挂"票贩子"的标志牌,并由车站工作人员王某代为看管。王某在此期间,对李某有殴打伤害行为。后查明,李某全身多处软组织受伤。此案中,哪些行为,李某可以要求国家赔偿

A.刘、林二人的殴打伤害行为

B.王某的殴打伤害行为

C.被捆绑示众的行为

D.被侮辱造成的精神损害

答案

参考答案:A,B,C

解析:A、C项的刘、林的殴打伤害行为,是派出所干警执行职务中的侵犯公民人身权的行为,根据《国家赔偿法》第3条第2、3项,受害人李某有权请求国家赔偿。   至于B项,王某是车站工作人员,虽然其不是行政机关的成员,但是因为其行为是派出所委托车站所为的行为,根据委托代理关系,王某实际上是以派出所的名义行使职权,当然,该行为的结果就应该归于委托人,即派出所。所以,B也为符合题意的选项。《国家赔偿法》第7条第3款规定:受行政机关委托的组织或者个人在行使受委托的行 * * 力时侵犯公民、法人和其他组织的合法权益造成损害的,委托的行政机关为赔偿义务机关。   而对于D项,我国国家赔偿采取的是有限赔偿原则。其中有限性的一个表现就是,赔偿财产损失而不赔偿精神损失,但在一定条件下,可以采取为受害人消除影响、恢复名誉、赔礼道歉等承担责任的方式。这说明,对于精神损害,是不能请求国家赔偿的,为受害人消除影响、恢复名誉、赔礼道歉这些方式不属于赔偿的方式,而是赔偿以外的其他责任形式。   根据以上规定,正确答案为ABC。

阅读理解

  There are two basic ways to see growth: one as a product, the other as a process. People have generally viewed personal growth as an external (外在的) result or a product that can easily be identified and measured. The worker who gets a rise, the student whose grades improve, and the foreigner who learns a new language—all these examples of people who have measurable results to show for their efforts.

By contrast (对照), the process of personal growth is much more difficult to determine, since it is a journey and not the specific signposts or landmarks along the way. The process is not the road itself, but rather the attitudes and feelings people have, their caution or courage, as they meet with new experiences and unexpected difficulties. In this process, the journey never really ends; there are always new ways to experience the world, new ideas to try, new challenges to accept.

In order to grow, to travel new roads, people need to have a willingness to take risks, to face the unknown, and to accept the possibility that they may “fail” at first. How we see ourselves as we try a new way of being is essential to our ability to grow. Do we see ourselves as quick and curious? If so, then we tend to take more changes and to be more open to unfamiliar experiences. Do we think we’re shy and indecisive? Then our sense of fear can cause us to hesitate, to move slowly, and not to take a step until we know the ground is safe. Do we think we’re slow to adapt to change or that we’re not smart enough to deal with a new challenge? Then we are likely to take a more passive role or not try at all.

These feelings of insecurity and self-doubt are both unavoidable and necessary if we are to change and grow. If we do not face and overcome these internal fears and doubts, if we protect ourselves too much, then we stop growing. We become trapped inside a shell of our own making.

小题1:In the author’s eyes, one who views personal growth as a process would __________.

A.succeed in climbing up the social ladder

B.judge his ability to grow from his own achievements

C.face difficulties and take up challenges

D.aim high and reach his goal each time小题2:Which of the following can be viewed as the process of personal growth?

A.Our manager was always willing to accept new challenges.

B.Little Tom won the first prize in the Speech Contest.

C.Max picked up French while he was in Paris.

D.Daddy’s salary rose from $3,000 to $3,800.小题3:The best title for this passage should be _________.

A.Facing new challenges

B.Growth ―product or process

C.Unavoidable feeling of self-doubt

D.Overcoming internal fears

单项选择题