问题 问答题 案例分析题

1992年2月,某县殡仪馆以加强殡葬改革和管理为由发布通知,要求在死者火化时,其家属必须向设有该殡仪馆对面的某殡葬用品经营部购买骨灰盒,否则一律不予火化,并将此通知张贴在殡仪馆收费处。该通知发布后,许多从事殡葬用品经营的经营者纷纷向工商局举报,要求工商部门依法保护其合法权益。与此同时,众多死者家属也向消费者协会投诉,反映被指定的殡葬用品经营部销售的骨灰盒不仅价格高,而且质量差。有的死者家属因在其他地方购买骨灰盒,致使死者迟迟不能火化。

试分析:某县殡仪馆的行为是否合法,如不合法,是什么性质的行为,工商机关可依据哪个法律对其进行处罚?

答案

参考答案:

某县殡仪馆的行为不合法,该殡仪馆利用其依法获得的独占地位,在提供火化服务时限限定死者家属必须向其指定的经营者购买骨灰盒的行为,排挤了其他同业经营者公平竞争,构成了违反了《反不正当竞争法》第六条及《关于禁止公用企业限制竞争行为的若干规定》第四条第(二)项所禁止的限制竞争行为。某市工商机关可依据《反不正当竞争法》第二十三条及《关于禁止公用企业限制竞争行为的若干规定》第五条的规定,责令某县殡仪馆停止违法行为,并可以根据情节,处以5万元以上20万元以下罚款。

名词解释
阅读理解

If women are mercilessly exploited(剥削) year after year,they have only themselves to blame.Because they tremble at the thought of being seen in public in clothes that are out of fashion,they are always taken advantage of by the designers and the big stores.Clothes which have been worn only a few times have to be put aside because of the change of fashion.When you come to think of it,only a woman is capable of standing in front of a wardrobe(衣柜) packed full of clothes and announcing sadly that she has nothing to wear.

Changing fashions are nothing more than the intentional creation of waste.Many women spend vast sums of money each year to replace clothes that have hardly been worn.Women who cannot afford to throw away clothing in this way,waste hours of their time altering the dresses they have.Skirts are lengthened or shortened;neck-lines are lowered or raised,and so on.No one can claim that the fashion industry contributes anything really important to society.Fashion designers are rarely concerned with vital things like warmth,comfort and durability(耐用).They are only interested in outward appearance and they take advantage of the fact that women will put up with any amount of discomfort,as long as they look right.There can hardly be a man who hasn’t at some time in his life smiled at the sight of a woman shaking in a thin dress on a winter day,or delicately picking her way through deep snow in high-heeled shoes.

When comparing men and women in the matter of fashion,the conclusions to be drawn are obvious.Do the constantly changing fashions of women’s clothes,one wonders,reflect basic qualities of inconstancy and instability?Men are too clever to let themselves be cheated by fashion designers.Do their unchanging styles of dress reflect basic qualities of stability and reliability?That is for you to decide.

小题1:Designers and big stores always make money        .

A.by mercilessly exploiting women workers in the clothing industry

B.because they are capable of predicting new fashions

C.by constantly changing the fashions in women’s clothing

D.because they attach great importance to quality in women’s clothing小题2:To the writer,the fact that women change their old-fashioned dresses is seen as        .

A.a waste of money

B.a waste of time

C.an expression of taste

D.an expression of creativity小题3:The writer would be less critical if fashion designers placed more stress on the     of clothing.

A.cost

B.appearance

C.comfort

D.suitability小题4:According to the passage,which of the following statements is TRUE?

A.New fashions in clothing are created for the commercial exploitation of women.

B.The constant changes in women’s clothing reflect their strength of character.

C.The fashion industry makes an important contribution to society.

D.Fashion designs should not be encouraged since they are only welcomed by women.