问题 问答题

去年十月底,甲村李某从某养龟场购进了60只总价3万元的进口乌龟,由于低温环境不利于乌龟生产,李某于11月8日从某水族馆买来“恒温棒”,设定为24℃放置在饲养乌龟的盆内。3天后,李某发现乌龟全部死亡,他用温度计测量,水温接近45℃,乌龟的死亡是由恒温棒的质量导致的,恒温棒的生产方应赔偿损失,于是他找到了生产恒温棒的公司,该公司经理称,该品牌恒温棒确系本公司生产,上市近10年从未出现过这种情况,乌龟的死亡要么是自身病变,要么是恒温棒的损坏所致。本公司可负责恒温棒维修,但对乌龟的死亡不承担责任,双方因此发生纠纷。假如你是甲村的大学生村官,请你对上述案例中双方的主张进行评析,并就李某的 * * 事宜提出建议。(300字)

答案

参考答案:李某可以向销售恒温棒的水族馆或者生产恒温棒的公司提出赔偿请求。根据《侵权责任法》第43条规定:“因产品存在缺陷造成损害的,被侵权人可以向产品的生产者请求赔偿,也可以向产品的销售者请求赔偿。产品缺陷由生产者造成的,销售者赔偿后,有权向生产者追偿。因销售者的过错使产品存在缺陷的,生产者赔偿后,有权向销售者追偿。”第42条第2款规定:“销售者不能指明缺陷产品的生产者也不能指明缺陷产品的供货者的,销售者应当承担侵权责任。”据此,只要因产品缺陷造成损害,受害人既可以向生产者索赔,也可以向销售者索赔。本案中,李某只要能够证明乌龟的死亡是由于恒温棒的质量导致的,就可以向水族馆或者恒温棒的生产方主张民事责任。 建议: 首先,应收集证据,如保存购买恒温棒的发票、包装及该恒温棒,同时请有关部门对乌龟的死亡原因进行鉴定,获取鉴定书。 其次,可凭借鉴定书与经营者或者生产者进行协商和解。若和解不行,则可请求消费者协会或村委会进行调解或者向有关行政部门进行投诉。若与责任者能够达成仲裁协议,则可向仲裁机构申请仲裁。若均无法达成赔偿协议,则建议李某向法院提起诉讼。

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For high school leavers starting out in the working world, it is very important to learn particular skills and practice how to behave in an interview or how to find all internship(实习). In some countries, schools have programs to help students onto the path to work. In the Unites States, however, such programs are still few and far between.

Research shows that if high schools provide career-related courses, students are likely to get higher earnings in later years. The students are more likely to stay in school, graduate and go on to higher education.

In Germany, students as young as 13 and 14 are expected to do internships. German companies work with schools to make sure that young people get the education they need for future employment.

But in America, education reform programs focus on how well students do in exams instead of bringing them into contact with the working world. Harvard Education school professor Robert Schwartz has criticized education reformers for trying to place all graduates directly on the four-year college track. Schwartz argued that this approach leaves the country’s most vulnerable(易受影响的)kids with no jobs and no skills.

Schwartz believed that the best career programs encourage kids to go for higher education while also teaching them valuable practical skills at high school. James Madison High School in New York, for example, encourages students to choose classes on career-based courses. The school then helps them gain on-the-job experience in those fields while they’re still at high school.

However, even for teens whose schools encourage them to connect with work, the job market is daunting. In the US, unemployment rates for 16-to 19-year-olds are above 20 percent for the third summer in a row.

“The risk is that if teenagers miss out on the Summer job experience, they become part of this generation of teens who had trouble in landing a job,”said Michael, a researcher in the US.

小题1:According to Robert Schwartz,_________.

A.there is no need for kids to go for higher education in the US

B.students should get contact with the working world at high school

C.education reform should focus on students’performance in exams

D.teenagers in the US can’t miss out on the summer job experience小题2:What’s the main idea of the text?

A.Arguments about recent US education reform.

B.Tips on finding jobs for high school leavers.

C.The lack of career-based courses in US high schools.

D.Advice for American high school leavers.小题3:The underlined word “daunting” in Paragraph 5 most probably means___________.

A.discouraging

B.interesting

C.creative

D.unbearable