问题 多项选择题

某生产厂家7月份生产了一种新型玩具,打算在年底推出。在9月份,该生产厂家的库存的玩具被人盗窃,并于11月份在市面出售。后有数名儿童因同样症状的疾病被送到医院,经查这些儿童都曾玩过该厂生产的玩具。在经过化验后,有关部门发现该厂的玩具含有对人体有害的物质。在此事件中,受害儿童可以向谁要求赔偿( )

A.玩具的生产厂家

B.盗窃者

C.销售商

D.被保险人所投保的保险公司

答案

参考答案:B,C

解析: 《产品质量法》第41条规定:“因产品存在缺陷造成人身、缺陷产品以外的其他财产(以下简称他人财产)损害的,生产者应当承担赔偿责任。生产者能够证明有下列情形之一的,不承担赔偿责任:(一)未将产品投入流通的;(二)产品投入流通时,引起损害的缺陷尚不存在的;(三)将产品投入流通时的科学技术水平尚不能发现缺陷的存在的。”本题中,玩具尚未投入流通,虽然它引起的是人身损害,但生产者仍可免责。选项A不选。该法第43条规定:“因产品存在缺陷造成人身、他人财产损害的,受害人可以向产品的生产者要求赔偿,也可以向产品的销售者要求赔偿。属于产品的生产者的责任,产品的销售者赔偿的,产品的销售者有权向产品的生产者追偿。属于产品的销售者的责任,产品的生产者赔偿的,产品的生产者有权向产品的销售者追偿。”故盗窃者和销售商都应承担赔偿责任,选项B、C当选。保险公司对受害儿童的赔偿是基于生产者或销售者之间的保险合同,此题不存在这种合同,选项D排除。

阅读理解

A small group of people around the world have started implanting(移植) microchips to link the body and the computer.

Mr. Donelson and three friends, who had driven 100 miles from their homes in Loekport, New York, to have the implants put in by Dr Jesse Willemaire, whom they had persuaded to do the work, are part of a small group, about 30 people around the world, who have independently put in microchips into their bodies, according to Web-based reports.

At a shop William Donelson was having a four-millimeter-wide needle put into his left hand. “I’m set,” he said with a deep breath. He watched as the needle pierced(刺穿) the fleshy webbing between his thumb and a microchip was set under his skin. At last he would be able to do what he had long imagined; strengthen his body’s powers through technology.

By putting the chip inside—a radio frequency identification device (RFID)—Mr. Donelson would have at his fingertips the same magic that makes safety gates open with a knock of a card, and bridge and tunnel traffic flow smoothly with an E-Zpass. With a wave of his hand he plans to connect with his computer, open doors and unlock his car.

Implanting the chip was relatively simple task but very meaningful to Mr. Doneselson, a 21-year-old computer networking student so interested in the link between technology and the body that he has data-input jacks(数据输入插空) inside his body. They might lead to an imagined future when people can be connected directly into computers. His new chip is enclosed in a glass container no bigger than a piece of rice and has a small memory where he has stored the words “Technology”.

Some doctors have done the piercing in people’s homes, and others have implanted chips in their offices after patients signed forms showing the fact that long-term studies have not been done on their safety. Piercers treat the implants much like any other medical operation steps, instructing people to keep the site dry, and advising them that swelling(肿) and redness should last a week.

69. With a RFID implanted, which of the following will Mr. Donelson be able to do?

Make a safety gate open with a knock of a card.

Make bridge and tunnel traffic flow smoothly with an E-Zpass.

Open doors and unlock his car with a wave of his hand.

Turn his body and brain directly into computers.

70. The underlined word “they” in paragraph 5 refer to “___________”.

A. glass containers                             B. implanted computer chips

C. data input jacks                                    D. computer and net working students

71. Which of the following would be the best title for the passage?

A. High Tech, Under the Skin                     B. A Needle, So Magic

C. Donelson, a Powerful Man                     D. Data-input Jacks, Inside the Body

72. We can conclude from the passage that __________________.

Mr. Donelson has made a large sum of money by the piercing.

the Piercers are people working in the computer field

the piercing has no side effect and it will make people intelligent

the long term effects of these implants are not yet known

单项选择题