问题 问答题

请运用有关理论知识,结合本案阐述该原则背后的法理精神。

答案

参考答案:(1)无过错责任原则是在19世纪伴随着现代化工业大生产而发展起来的,体现了对社会弱势群体的保护,是现代民法从个人本位向社会本位转型的重要标志。二战以来,国际 * * 运动勃兴, * * 保护的观念深入人心:人的保护优先于财产保护,人格尊严和人身利益高于一切。我国《道路交通安全法》制定于新世纪初,道路交通侵权行为适用无过错责任原则的规定充分反映了人文关怀的时代背景。(2)根据民法理论,无过错责任又称危险责任,其基本思想不是对不法行为的制裁,而是基于不幸损害的合理分配,体现分配正义的理念,即行为人承担责任,是因为其制造了危险来源,或者能够合理分散因危险责任而生的损害赔偿。在本案中,行人曹某违反交通规则横穿马路,对损害的发生显然是有过错的;刘某驾驶“奥拓”牌小客车,在发现曹某横穿马路时采取紧急制动,应该说已尽到了相当的注意义务。然而,法律既没有规定侵害人没有过错即不需承担责任,也没有规定受害人有过错的,侵权人可以免责(受害人故意时除外),而是规定了无过错责任,其目的就在于分配受害人不幸遭受的损害。一审法院判决的结果是合理的,但适用法律有些偏差:“奥托”车主刘某“承担事故的同等责任”不是因为其“对于事故的发生也应负有一定责任”,而是因为有证据表明行人曹某违反了道路交通安全法规,刘某作为机动车驾驶人已经采取了必要的处置措施,所以依法可以减轻其赔偿责任。 (3)有关媒体称本案为“撞了不白撞”第一案,显然暗指《道路交通安全法》实施前,像这种行人明显违章导致交通事故伤亡的情形,行人要想获得赔偿并不容易,甚至“撞了白撞”。《道路交通安全法》规定道路交通侵权行为适用无过错责任原则,及时地填补了这一缺漏。

选择题
阅读理解

  Educating girls quite possibly produces a higher rate of return than any other investment(投

资)available in the developing world.Women’s education may be an unusual field for experts On economy(经济),but improving women’s contribution to development is actually as much all economic as a social business.And economics provides an explanation for why so many girls are

deprived of an education.

Parents in low-income countries fail to invest in their daughters because they do not expect them to make all economic contribution to the family:girls grow up only to marry into somebody

else’s family and bear children.Girls are thus seen as less valuable than boys and are kept at home to do housework while their brothers are sent to school.Ignoring women’s education is therefore in a bad circle.

An educated mother, on the other hand, has greater earning abilities outside the home and faces an entirely different set of choices.She is likely to have fewer but healthier children and can insist on the development of all her children, making sure that her daughters are given a fair chance.The education of her daughters then makes it much more likely that the next generation of girls,as well as of boys,will be educated and healthy.The bad circle is thus changed into a good

circle.

Educating women has great social benefits and great economic advantages as well.Most obviously, there is the direct effect of education on the wages of female workers.Wages rise by 10 to 20 per cent for each additional year of schooling.Such big returns are impressive by the standard of other available investments,but they are just the beginning.Educating women also has a significant effect on health practices, including family planning.

63.The author argues that educating girls in developing countries is          .

A.troublesome                  B.labor-saving          C.rewarding         D.expensive

64.The author believes that a bad circle can turn into a good circle when         .

A. women care much more about education

B. girls can gain equal access to education

C. a family has fewer but healthier children

D. parents can afford their daughters' education

65.What does the underlined phrase“deprived of”mean in Paragraph One?

A.supplied with         B. included in               C.kept away from    D.devoted to

66.The passage mainly discusses          .

A. unequal treatment of boys and girls in developing countries

B. the potential earning power of well-educated women

C. the major contributions of educated women to society

D. the economic and social benefits of educating women