问题 问答题

贺某夫妻带着儿子贺加其到华美照相馆照周岁纪念相。摄影师于某见贺加其活泼可爱,便私自多放大了几张,在征得贺某同意后将其中一张摆放在自己的橱窗内,以招揽顾客。其余的几张保留了下来。后来,于某的朋友洪某见到该照片,称其所在的印刷厂正在制作儿童挂历,就要求于某给他一张。印刷厂以700元价格从洪某处买到照片并制作投产。贺某在买挂历的过程中,发现儿子的大头像也在其中,非常气愤,找到印刷厂问明来源后,即以于某和印刷厂为被告起诉到法院,要求停止侵害,赔礼道歉,并赔偿损失2000元。法院在审理过程中应于某要求追加洪某为被告。法院经调查,认定上述事实属实。问: (1)本案中于某的行为是否构成侵权说明理由。 (2)法院应怎样判决

答案

参考答案:

解析:[答案要点] (1) 于某的行为构成侵权。因为,虽然于某在自己的橱窗内使用贺加其的照片经过了贺某夫妇的同意,但其将照片赠给洪某供在挂历上使用却没有征得权利人的同意,而且其赠与行为并无合法理由。所以,于某的行为构成侵权。 (2) 法院应当判决:于某向原告赔礼道歉;洪某和印刷厂停止侵害、赔礼道歉并进行一定的经济赔偿;收缴洪某和印刷厂的非法所得。

单项选择题
阅读理解

阅读理解

     Sometimes children do not do what their parents tell them to do. When this happens, a parent tries to

help the child to do the right thing. When this does not work, the parent usually punishes the child.

     There are many things that a parent can do. One thing that people have done is to spank (打屁股) the child. When a parent spanks a child, they will use their hand or a hard object to strike them on their

bottom. This is meant to show the child that they have done something wrong.

     One parent remembers being spanked when he was a child. His parents used a wooden spoon. When he spanked his own children with his hand, he saw that he put a red mark on his child's leg. He never did

that again.

     One problem with spanking is that it teaches the child to hit someone when they do not like what the

other person is doing. Another problem with spanking is that the parent is usually angry and can hit the

child too hard. Sometimes parents will use spanking for everything and not try other ways to get the child

to do the right thing.

     Many parents are not sure of what to do instead of spanking. Some people think that their religion(宗教)tells them that spanking is okay. Some think that the law lets them do it. The courts (法院) say that

parents have the right to teach their children how to behave.

     Other things should be tried before a parent decides to spank a child. Telling the child exactly what is

wanted from them can be one thing. Giving a child more than one choice is another thing that can be tried. Getting down to the child's level and taking a more child-friendly approach (方法) can help as well.

1. According to the passage, when children do something wrong, one thing that parents usually do to

punish them is to ________.

A. strike them on the bottom

B. try to help them do the right thing

C. teach them what to do

D. take them to court

2. Which of the following is NOT the problem caused by spanking?

A. It teaches the child to hit others when they offend him or her.

B. The parent may get angry and hit the child too hard.

C. Sometimes parents may use spanking for everything.

D. It makes parents try other ways to make the child do right.

3. Which of the following can best describe the writer's attitude towards spanking?

A. favorable (赞同的)

B. indifferent (不关心)

C. interested

D. unfavorable

4. From this passage, we can conclude that ________.

A. Good children always do the right thing.

B. Parents should try their best to avoid spanking their children.

C. Parents have no choice but to spank their children when they do something wrong.

D. Children can have more than one choice to avoid being spanked.