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甲就餐后未结账就欲离开,服务员将其拦住,该服务员的行为属于(  )。

  • A.自卫行为
  • B.非法行为
  • C.自助行为
  • D.公力救济
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答案: C
本题解析:

本题为基本概念应用题,考核的知识点是民事权利的私力救济保护方法中的自助行为。民事权利的保护方法主要有公力救济和私力救济两种。私力救济,又称为自力救济,是指在民事权利受到侵害时,权利人自己采取一定的合法措施保护其权利。民事权利受到侵害时,主要依赖于国家的公力救济。但在紧急情况下,若固守公力救济,可能缓不济急,加重损害的程度,所以法律又规定在特殊情况下允许私力救济。私力救济的方式包括自卫行为和自助行为。所谓自卫行为是指当民事权利受到侵害或者有受到侵害的现实危险时,权利人采取必要的措施,以防止损害的发生或者扩大。自卫行为有正当防卫和紧急避险两种方式。所谓自助行为是指权利人为保护自己的权利,在来不及请求公力救济的情况下,采取的对义务人的财产予以扣押或者对其人身自由予以约束的行为。本题中服务员的行为显然不是公力救济,也不是正当防卫和紧急避险的自卫行为,选项A和选项D被排除;同时服务员的行为也无非法性,选项B也被排除;故正确答案是选项C。 【评注】(1)掌握民事权利的救济方法主要有两种,即公力救济和私力救济;(2)在私力救济方面,特别要注意区别自卫行为和自助行为,以免混淆。

更新时间:2021-12-13 07:47
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  • C.To extend the shelf.1ife of food
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My boyfriend really enjoyed canoeing (划独木舟), and it took me a while to finally persuade himto take me on a canoe trip. Despite his great skill, he was nervous about my safety and described manyterrible situations that could happen. "They could also not happen," I said. I wanted to prove that I wastough and capable of adventuring.?

This would be a romantic adventure. We would row the canoe on the lake under a beautiful bluesky. I was confident it would all go according to plan.?

It did not go as planned. Instead,?it all went downhill. We hit a headwind (逆风). The flies werethe worst. An unknown animal outside our tent in the night forced us to get up twice to scare it away.We walked through knee-deep mud; we moved around so many fallen trees that we lost the wayfrequently. We had an unexpected thunderstorm on our second night. We hid in our tent from the bugs(虫子), too tired and bitten to even hold each other. When we were finally back in the car, my skinwas hot and angry with bug bites, I had barely slept in 72 hours and I had an injury on my forehead fromhitting it on the canoe.?

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Which of the following happened during their canoe trip?

  • A.They became angry with each other
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  • C.They held each other to keep warm in the tent
  • D.They often lost their way in the forest
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My boyfriend really enjoyed canoeing (划独木舟), and it took me a while to finally persuade himto take me on a canoe trip. Despite his great skill, he was nervous about my safety and described manyterrible situations that could happen. "They could also not happen," I said. I wanted to prove that I wastough and capable of adventuring.?

This would be a romantic adventure. We would row the canoe on the lake under a beautiful bluesky. I was confident it would all go according to plan.?

It did not go as planned. Instead,?it all went downhill. We hit a headwind (逆风). The flies werethe worst. An unknown animal outside our tent in the night forced us to get up twice to scare it away.We walked through knee-deep mud; we moved around so many fallen trees that we lost the wayfrequently. We had an unexpected thunderstorm on our second night. We hid in our tent from the bugs(虫子), too tired and bitten to even hold each other. When we were finally back in the car, my skinwas hot and angry with bug bites, I had barely slept in 72 hours and I had an injury on my forehead fromhitting it on the canoe.?

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What does the sentence“it all went downhill”in Paragraph 3 mean?

  • A.We rolled down the hill in the wind
  • B.Our canoe was turned upside down
  • C.Things became worse than expected
  • D.Things were brought under contr01
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My boyfriend really enjoyed canoeing (划独木舟), and it took me a while to finally persuade himto take me on a canoe trip. Despite his great skill, he was nervous about my safety and described manyterrible situations that could happen. "They could also not happen," I said. I wanted to prove that I wastough and capable of adventuring.?

This would be a romantic adventure. We would row the canoe on the lake under a beautiful bluesky. I was confident it would all go according to plan.?

It did not go as planned. Instead,?it all went downhill. We hit a headwind (逆风). The flies werethe worst. An unknown animal outside our tent in the night forced us to get up twice to scare it away.We walked through knee-deep mud; we moved around so many fallen trees that we lost the wayfrequently. We had an unexpected thunderstorm on our second night. We hid in our tent from the bugs(虫子), too tired and bitten to even hold each other. When we were finally back in the car, my skinwas hot and angry with bug bites, I had barely slept in 72 hours and I had an injury on my forehead fromhitting it on the canoe.?

Yet I realized that I wanted to do it all again. Because I swam in a lake so warm it felt like asummer pool. ?I ate lunch on an island with the most beautiful pine trees. ?I' d also never beforeappreciated how thunder can make the ground tremble. I know why my boyfriend loves canoeing somuch. It' s for the challenge, the space, and the beauty of moving forward with your own two hands ina place of natural wonder. He didn' t say "I love you. " He said I was a good partner. I' ve foundsomething that I really like to do. That' s the more important thing.?

Why did the writer want to have a canoe trip with her boyfriend?

  • A.To wait for a proposal of marriage
  • B.To prove she was tougher than her boyfriend
  • C.To show she had basic life skills
  • D.To prove her ability to meet challenges,
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