问题 问答题

对乔老师死亡的民事责任应如何承担

答案

参考答案:[参考答案:与解析]
参见上题《民通意见》第148条。本题中,王东为限制民事行为能力人,张林根据《民法通则》第11条第2款规定:“16周岁以上不满18周岁的公民,以自己的劳动收入为主要生活来源的,视为完全民事行为能力人。”其已经参加工作,有劳动收入,视为完全民事行为能力人。因此,张林教唆王东实施侵权行为,二人为共同侵权人,张林应承担主要责任。
《民法通则》第133条规定:“无民事行为能力人、限制民事行为能力人造成他人损害的,由监护人承担民事责任。监护人尽了监护责任的,可以适当减轻他的民事责任。有财产的无民事行为能力人、限制民事行为能力人造成他人损害的,从本人财产中支付赔偿费用。不足部分,由监护人适当赔偿,但单位担任监护人的除外。”王东的侵权行为应由其监护人承担责任。同时,乔老师也存在一定过错,其未及时去医院治疗,引起了死亡的后果。《民法通则》第131条规定:“受害人对于损害的发生也有过错的,可以减轻侵害人的民事责任。”因此,乔老师也应承担部分责任。

阅读理解

Maggiano is an award-winning teacher in the Social Studies Department at West Springfield High School in Virginia. He has taught in public and private schools for 25 years .In a piece on his blog called “The Classroom Post,” he calls for more males to enter the profession(职业).

Men Teach, a non-profit organization that encourages men to enter teaching, reports that in 2008, 18.8% of all elementary and middle school teachers were men. At the high school level during the same year, men comprised(构成) 44% of the work force.

Why are there so few men in teaching? Men Teach says low pay and lack of prestige(声望), as well as a perception in our culture that teaching is for women. As a result, there is no organized effort across the country to attract men into the teaching profession.

A study in 2008 by the National Education Association showed that the number of male teachers hit a record 40-year low. Males comprised 24.5 percent of public schoolteachers. States with high percentages: Kansas (33.6 percent), Oregon (31.6 percent), Alaska (30.9 percent) and Indiana (30.5percent).States with the lowest percentage : Arkansas (16.2 percent), Virginia (17.4 percent), Mississippi (17.5 percent), Louisiana (18 percent), South Carolina (18.5 percent) and Georgia (19.7 percent).

There is no definitive(确定) research that male students--or female students, for that matter-- learn better from a particular sex.

But as Maggiano put it, “Kids today, both boys and girls, must have the same opportunity to learn from outstanding, devoted men that I did. However, I have heard little discussion about this problem coming from our national leaders.

小题1:What worries Maggiano is that_______.         

A.nobody will take his place when he retires

B.male teachers are not so excellent

C.men are not interested in teaching

D.there is not enough teachers in the schools小题2:According to the text , we can infer that______.      

A.the number of male teachers hit a record 40-year low in 2008

B.it is not sure students will learn better from male teachers

C.male teachers get a higher pay

D.organized efforts have been made to call on men into the teaching profession小题3:In which state are male teachers most badly needed?

A.Alaska

B.Virginia

C.Georgia

D.Arkansas小题4:What does the last paragraph suggest?

A.The government doesn’t pay much attention to the shortage.

of male teachers in the school.

B.Students find it easy to learn from male teachers.

C.I’m glad to hear the discussion about the shortage of male teachers in the school.

D.The shortage of male teachers in the school has no effect on students.

单项选择题 A1型题