问题 多项选择题

某网吧被责令停业50天,其间,网吧门被撬开,丢失电脑30台。后行政机关作出的处罚行为被确认违法,网吧老板要求国家赔偿,则国家应( )。

A.赔偿电脑被盗的损失

B.赔偿在此期间应支付给员工的工资

C.赔偿在此期间正常的经营性开支

D.赔偿在此期间正常的营业利润损失

答案

参考答案:B,C

解析:《国家赔偿法》第36条第6项规定:“吊销许可证和执照、责令停产停业的,赔偿停产停业期间必要的经常性费用开支。”而此处的“经常性费用开支”,是指受害人在停产停业期间用于维持生存的基本开支,如水电费、仓储保管费、职工的基本工资等。由此可知B、C两项属于赔偿的范围。在行政机关采取强制措施期间,受害人财物被盗的,国家不予承担赔偿责任,除非有证据表明行政机关没有采取必要的保护措施。因此A项排除。D项营业利润只是可得利益,而不是既得利益,这一部分的损失是无法确定的,因此不属于国家赔偿的范围。故本题正确答案为BC。

听力题

缺词填空(共10空;每空1分,计10分)

根据短文内容和首字母提示,在下文空格处填入适当的词使短文完整。(每空一词)

As you know , Mark Twain was a f ___小题1:____ writer . He was born in a poor family . It was difficult for him to get some money when he was young . One day , he was invited to give a talk and after that he was asked if he could r____小题2:_____ the first money he ever earned (挣). He had thought a long time before he answered and then said , “Yes , it was at school . I can remember e____小题3:_____ about it . Pupils in those days didn’t respect (尊敬) their teachers and didn’t take c­­___小题4:____ of school property (财产). Some of them often broke the windows and doors , the others cut something on the desks . S____小题5:____ a rule (规定)was made in our school that any boy who did that would be beaten (被打) in front of the whole school , or would have to p____小题6:_____ five dollars .”

“ One day I cut a mouse on the desk with a knife . I had to give five dollars to the school or be beaten before the w____小题7:____ school . So I had to tell my father about it . My father said it would be very bad to have our family disgraced(羞辱) in front of the whole school . He agreed to give me five dollars to hand over to the headmaster(校长).But before g____小题8:____ me the money , he took me upstairs(楼上) and gave me a beating . But as I had one beating and got used to(习惯) it , I d_____小题9:____ I would take another beating at school and leave the five dollars to m_____小题10:______ . So that’s what I did . That was the first money I ever earned .”

判断题