问题 单项选择题

某甲系某山区县农民。一日夜晚,一头牛犊闯入某甲家院内,并径直到院中牲口食槽内吃草。某甲第二天早晨发现后将牛犊喂养起来。过了一个月不见有人来寻,便将牛牵往 20公里外的外县某牲口集市出卖,得款700元。当某甲与买主到集市管理部门办理纳税手续时,被失主发现。某甲开始时谎称该牛为自己所有,后经失主提出证据,不得不承认是自己拾的。买主见牛犊并非某甲所有,遂不愿购买,某甲将款退还给买主,但仍不肯将牛犊返还失主。经集市管理部门调解无效,失主向人民法院起诉返还牛犊。某甲辩称自己并非偷盗,而且已经喂养一月,即使返还,失主也应赔偿自己的损失。下列选项中错误的是: ()

A.某甲的行为开始时属于拾得遗失物,应按不当得利处理

B.其后某甲拒不返还牛犊,应作为侵权行为处理

C.某甲必须返还牛犊

D.某甲可以要求补偿全部饲养费用和付出的劳务

答案

参考答案:D

解析:《民法通则》第92条规定:"没有合法根据,取得不当利益,造成他人损失的,应当将取得的不当利益返还受损失的人。"《民通意见》第94条规定:"拾得物灭失、毁损,拾得人没有故意的,不承担民事责任。拾得人将拾得物据为已有,拒不返还而引起诉讼的,按照侵权之诉处理。"依上述法条可知选项ABC是正确的,而D项中,由于某甲后来的行为已构成侵权,故某甲不得要求补偿相关支付。

填空题

Good afternoon, everybody. I’m pleased to be here with you, graduates of 2007. I’m a (1) , and students often approach me with (2) . You see, we are living in a society of great changes. With the presence of (3) , the process of getting a job in today’s world has changed for (4) .
Well, how can you use new technologies to help you First, let’s look at how you (5) . The traditional method of hunting for a job in the past required first, doing research on jobs that were (6) , typically by looking in newspapers, periodicals and magazines, as well as TV ads, and (7) . Then you decided where and for what post you were going to apply, put your resume (8) in a stamped envelope, and waited anxiously for someone to (9) .
Well, today, maybe the job search and (10) are very much the same, but the tools used are much more advanced, and they (11) . In fact, technology has not so much changed the process as enhanced it. The benefit, both for (12) , is that this makes the search more open to people of (13) from all over the world. But as more people are involved, it becomes (14) for the applicant than it ever was before.
The (15) for the working world today is learning these new and (16) and combining them with the older methods people have been using for years. For example, (17) , you can research employment not just in your city, but also in your state, your country, and (18) . You can copy information from a web page and paste it into a Microsoft Word document that’s easy to (19) . In many ways, it’s easier now: Just type your job application, click, and (20) ; it gets there in an instant.

单项选择题