问题 单项选择题

乙半夜行窃偷走了甲的一台彩电,一个月后,乙把彩电借给其好友丙使用,丙也是小偷,对乙的行为很了解。一个星期后,丙以自己名义将该彩电在旧货市场卖给了丁,丁当场付清价款并将彩电运回家。后来甲向丁主张自己对彩电享有所有权要求丁返还彩电。以下判断正确的有( )。
  (1) 彩电为盗赃物,不适用善意取得制度,故丁不能获得彩电的所有权,应当将彩电返还给甲;
  (2) 彩电是动产,适用一般的善意取得制度,丁已经支付完价款并实际占有彩电,取得了彩电的所有权,甲无权追回;
  (3) 彩电为盗赃物,一般不适用善意取得制度,但由于丁是在旧货市场上买的,故丁仍能依照善意取得制度获得彩电的所有权;
  (4) 丁对彩电的占有属于有权占有;
  (5) 丁对彩电的占有属于无权占有;
  (6) 丁对彩电的占有属于善意占有;
  (7) 丁对彩电的占有属于无瑕疵占有。

A.(1)(5)(6)

B.(2)(4)

C.(3)(6)(7)

D.(3)(4)

答案

参考答案:D

解析:善意取得制度只适用于动产,又称即时取得,指无权处分他人动产的让与人,不法将其占有的动产交付给买受人后,若买受人在取得动产时为善意即可获得动产的所有权。在我国司法实践中,又区分不同的具体情况,做不同的处理。对于盗赃物、遗失物,第三人如果是从出卖同种物品的公共市场的买得的,仍然可以获得所有权,先前的所有人不能请求第三人返还原物。彩电属于盗赃,但是丁是在旧货市场买的,可以获得彩电的所有权。既然丁已经享有彩电的所有权,那么对彩电的占有自然为有权占有。

阅读理解

阅读理解.

     The family sphere (范围) used to be defined by its isolation from the public realm.

There was the public male realm (领域)of "rational accomplishment" and cruel competition,

and the private female and child-rearing sphere of home, intuition (直觉) and emotion. The

private realm was supposed to be isolated firm the realities of adult life. For both better and

worse, television and other electronic media tend to break down the difference between

those two worlds. The membrane around the family sphere is much more permeable

(可渗透的). TV takes public events and transforms them into dramas that are played

out in the privacy of our living rooms, kitchens and bedrooms.

     Parents used to be the channel through which children learned about the outside world.

They could decide what to tell their children and when to tell it to them. Since children

learn to read in stages, books provide a kind of natural screening process, where adults

can decide what to tell and not tell children of different reading abilities. Television

destroyed the system that separated adult from child knowledge and separated

information into year-by-year slices for children of different ages. Instead, it presents the

same information directly to children of all ages, without going through adult filters.

     So television presents a real challenge to adults. While a parent can read a newspaper

without sharing it with children in the same room, television is accessible to everyone in

that space. And unlike books, television doesn't allow us to flip (翻转) through it and see

what's coming up. We may think we're giving our children a lesson in science by having

them watch the Challenger take off, and then suddenly they learn about death, disaster and

adult mistakes.

     Books allow adults to discuss privately what to tell or not tell children. This also allows

parents to keep adult material secret from children and keep their secret keeping secret.

Take that same material and put it on The Today Show and you have 800,000 children

hearing the very things the adults are trying to keep from them. "Television takes our kids

across the globe before parents give them permission to cross the street."

     More importantly, children gradually learn that adults are worried and anxious about

being parents. Actually, television has also places families under a lot of stress.

问答题 论述题