问题 单项选择题

关于侵权民事责任的承担,下列说法错误的是()。

A.侵占国家的、集体的财产或者他人财产的,应当返还财产,不能返还财产的,应当折价赔偿

B.如果侵害方主观上没有过错,侵害方不必承担侵权责任

C.受害人因此遭受其他重大损失的,侵害人应当赔偿损失

D.损坏国家的、集体的财产或者他人财产的,应当恢复原状或者折价赔偿

答案

参考答案:B

解析:我国侵权责任归责原则以过错责任原则为主,无过错责任原则为补充,如果法律有特别规定,即使主观上没有过错,侵权人仍然要承担侵权责任。

问答题

In the span of 18 months, Isaac Newton invented calculus, constructed a theory of optics, explained how gravity works and discovered his laws of motion. As a result, 1665 and the early months of 1666 are termed his annus mirabilis. (46)It was a sustained sprint of intellectual achievement that no one thought could ever be equaled. But in a span of a few years just before 1900, it all began to unravel. One phenomenon after another was discovered which could not be explained by the laws of classical physics. (47) The theories of Newton, and of James Clerk Maxwell who followed him in the mid-19th century by crafting a more comprehensive account of electromagnetism, were in trouble.
Then, in 1905, a young patent clerk named Albert Einstein found the way forward. In five remarkable papers, he showed that atoms are real (it was still controversial at the time), presented his special theory of relativity, and put quantum theory on its feet. It was a different achievement from Newton’s year, but Einstein’s annus mirabilis was no less remarkable. He did not, like Newton, have to invent entirely new forms of mathematics. However, he had to revise notions of space and time fundamentally. (48) And unlike Newton, who did not publish his results for nearly 20 years, so obsessed was he with secrecy and working out the details, Einstein released his papers one after another, as a fusillade of ideas.
For Einstein, it was just a beginning-he would go on to create the general theory of relativity and to pioneer quantum mechanics. While Newton came up with one system for explaining the world, Einstein thus came up with two. Unfortunately, his discoveries- relativity and quantum theory-contradict one another. Both cannot be true everywhere, although both are remarkably accurate in their respective domains of the very large and the very small. Einstein would spend the last years of his life attempting to reconcile the two theories, and failing. (49) But then, no one else has succeeded in fixing the problems either, and Einstein was perhaps the one who saw them most clearly.
When Einstein was awarded a Nobel prize, in 1921, it was for the first of his papers of 1905, which proved the existence of photons-particles of light. (50) Up until that paper, completed on March 17th and published in Annalen der Physik (as were the other 1905 papers), light had been supposed to be a wave, since this explains the interference patterns created when it passes through a grating. Einstein, however, began from a different premise, by considering the so-called "black-body experiment".

判断题