问题 单项选择题

甲向乙借款2000元,并把自己所有的价值3000元的摩托车一辆质押于乙,双方签订了书面合同,约定若甲到期不能还款,则该摩托车即归乙所有。合同签订后,甲即将摩托年交付乙占有。因甲到期无力还款,乙即将摩托车供自己使用。使用中,因不慎致使摩托车部分零件损坏,遂将车交付丙修理。丙修理后,因乙认为修理费不合理,拒绝交付修理费,摩托车被丙留置。在丙占有期间,因修理铺被盗,摩托车被偷走,案件至今未破。就此,当事人发生争议。下列表述中,正确的是:

A.该车的损失应由甲承担,因甲为车的所有权人
B.该车的损失应由乙承担,因乙为车的所有权人
C.该车的损失应由丙承担,因在丙占有期间被盗
D.该车的损失应由乙承担,因乙为有过错的质权人

答案

参考答案:A

解析:[考点] 动产质权、留置权
甲乙双方签订质押合同,并交付质物,质权有效成立。但依《物权法》第211条规定,出质人和质权人在合同中不得约定在债务履行期满质权人未受清偿时,质物的所有权转移为质权人所有。因此,双方约定的流质条款无效,乙并不成为车的所有权人,车的所有权人仍为甲。故B项错误。因乙拒不支付修理费,丙依法可主张留置权,故丙留置该车为合法行为。在丙占有期间,车因发生被盗而灭失,丙不存在过错,故不应由其承担责任。C项错误。对于质物的风险负担,应由所有权人承担。但依《担保法解释》第93条规定,质权人在质权存续期间,未经出质人同意,擅自使用、出租、处分质物,因此给出质人造成损失的,由质权人承担赔偿责任。本案中,乙擅自使用摩托车,并致使车辆损坏,但其过错与摩托车被盗没有因果关系,故质物灭失的风险仍然由所有权人承担,即由甲承担。本题正确答案为A项。

完形填空

Everyone can experience anger sometimes, but not everyone can control it properly. To some people, controlling anger seems like the hardest thing in the world to do.
When it comes to anger control, there are lots of tools and things that you can do. The first technique you can use is to recognize stress when it occurs. This is extremely important as you need to understand what causes this pressure and attempt to reduce this stress before it transforms quickly into anger.
Developing empathy (移情) is another anger control skill you can learn. You can teach yourself how to reduce or eliminate (消除)anger completely by seeing things from other people’s perspective.
You need to learn how to respond to situations rather than react. Think about your response and calmly approach this rather than reacting suddenly when stress and pressure are triggered.
When you experience unwanted feelings, control these by talking to yourself in your own mind and enable yourself to deal with those feelings effectively before acting on them. By talking it over in your own head you can work out how you will best deal with the situation instead of acting on impulse (冲动), which can be destructive.
Anger control can also be achieved with the skill of being able to communicate with others with honesty. You can effectively train yourself to respond to situations without getting annoyed about things.
These feelings can quite regularly be set off by a difference in what we expect and what actually get in life. Often if things do not go our way or we feel we have been harshly treated, we will find it hard to control our anger. If you adjust your expectations, then you should be able to handle difficult situations and cope with them much better.
Finally it is vitally important to step back and think about things that are happening rather than acting too quickly. It can sometimes be very hard not to wade in (介入)and start acting before thinking about things first.
Therefore, it is important to remember that everyone has the capacity to lose their temper and controlling it is the real challenge.
How can you control anger?
Problem
Anger is a normal feeling in people’s lives, yet not all can deal with it in the 小题1:_______ way. Some people find anger control hard.
Anger control 小题2:__________.
◆Acknowledge your stress, face it bravely, discover the cause and try to
小题3:________before it develops into anger.
◆Think about things from other people’s perspective and take 小题4:_______       of the power of empathy.
◆Respond calmly to situations rather than 小题5:_________
◆Talking will help you to get rid of unwanted feelings and avoid destructive  
小题6:__________.
◆Avoid annoyed feelings by 小题7:__________other honestly.
◆Make 小题8:________to your expectations in difficult situations.
◆Think 小题9:__________you act.
Conclusion
Though it is a human ability to be angry, it is a challenge to bring it
小题10:__________
 
单项选择题