First, single choice

DDCBB

BABCC

BDCCB

CDDBD

Dabu

ACBCA

CBBCD

BCCBB

Second, multiple choices.

ABD BCD BC ABCD ABC

ABC automatic call distributor

AB ABCD ABC AC ABCD

ABCD ABC ABCD BC ABCD

Ac ABC BCD BCD ABCD

Third, judge

Wrong, wrong, wrong, right.

Right, wrong, wrong, right.

Right, wrong, right, right.

Wrong, wrong, right, right.

Fourth, case analysis

( 1)

Legal analysis:

According to the provisions of China's Consumer Protection Law, in the process of selling goods, operators must correctly provide the price, place of origin, producer, use, performance, specifications, grade, main components, production date, expiration date, inspection certificate, instructions for use, after-sales service or service content, specifications and expenses. So that consumers can correctly understand the situation of products. In this case, the supermarket, as a distributor, not only failed to fulfill the above legal obligations, but also marked the location of the general company as the place of origin on the label, misleading consumers' purchase behavior. This behavior is completely in line with the fraud stipulated by Chinese laws and should bear corresponding legal responsibilities. According to the provisions of China's Consumer Protection Law, if consumers sell goods by fraudulent means, they should increase the compensation for the losses they have suffered according to the requirements of consumers, and the compensation amount is twice the price of the goods purchased by consumers or the cost of receiving services, that is, the so-called "one refund and one compensation". Therefore, according to the above rules, the court supported the claim of Xiao Zou's father and daughter.

Legal link:

Article 4 of the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests "Operators and consumers shall follow the principles of voluntariness, equality, fairness, honesty and credibility."

Article 6 of the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests "It is the common responsibility of the whole society to protect the legitimate rights and interests of consumers. The state encourages and supports all organizations and individuals to conduct social supervision over acts that harm the legitimate rights and interests of consumers. The mass media should do a good job in propaganda to safeguard the legitimate rights and interests of consumers and conduct public opinion supervision on acts that harm the legitimate rights and interests of consumers. "

Article 8 of the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests "Consumers have the right to know the real situation of the goods they buy or use or the services they receive. Consumers have the right to ask business operators to provide the price, place of origin, producer, use, performance, specifications, grade, main components, production date, expiration date, inspection certificate, instruction manual, after-sales service or the content, specifications and expenses of the service according to the different conditions of the goods or services. "

Article 49 of the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests: "If a business operator commits fraud in providing goods or services, it shall increase the compensation for the losses it has suffered according to the requirements of consumers, and the amount of compensation shall be twice the price of the goods purchased by consumers or the cost of receiving services."

Tips for shopping rights protection:

In daily consumption, as consumers, we should strive to master and improve the knowledge and skills of the goods or services we need, use the goods correctly, pay attention to safeguarding our legitimate rights and interests, and raise our awareness of self-protection in the process of consumption.

First, in shopping malls, we should carefully check the commodity information provided by merchants, and pay attention to the origin, producer, use, performance, specification, grade, main components, production date, expiration date, inspection certificate, instruction manual, after-sales service, or the content, specification and cost of the service on the commodity label.

Second, after shopping, consumers should ask the merchants for shopping vouchers, invoices and warranty vouchers, and keep these documents properly.

3. In the process of shopping, consumers should collect evidence in time, keep the evidence well, and negotiate with the merchants on the issue. When necessary, consumers should take up legal weapons to safeguard their rights and interests, and safeguard their legitimate rights and interests by complaining to consumer associations, reporting to relevant administrative departments, and bringing a lawsuit to the court.

(2)

Legal analysis:

This is a typical campus injury case. Like many campus injury cases, the victim's parents went to the school and asked the school to bear civil liability for their daughter's injury. According to China's newly promulgated Tort Liability Law, "if a person with limited capacity for civil conduct suffers personal injury during his study and life in a school or other educational institution, and the school or other educational institution fails to fulfill its educational management responsibilities, he shall bear the responsibility." According to this law, we believe that in the event of an injury accident in a school, we should decide whether to take responsibility according to whether the school is at fault or not. Judging from this case, the main reason for the injury of female students is Xiao Chen's mischievous behavior. The school has fulfilled its main obligations, assumed most of the responsibilities after the accident, and completed its corresponding obligations. Therefore, in this case, we think that the parents of female students should distinguish between primary and secondary responsibilities and claim compensation from Xiao Chen, the main responsible person, instead of arbitrarily disturbing the teaching order of the school. This kind of irrational behavior can not only protect their legitimate rights and interests, but also bring unnecessary legal consequences.

Legal link:

"People's Republic of China (PRC) Tort Liability Law" Article 32 "If a person without or with limited capacity for civil conduct causes damage to others, his guardian shall bear tort liability. If a guardian fulfills his guardianship responsibility, his tort liability may be reduced. If a person without capacity for civil conduct or a person with limited capacity for civil conduct owns property and causes damage to others, he shall make compensation with his own property. The insufficient part is compensated by the guardian. "

Article 39 of the Tort Liability Law of People's Republic of China (PRC) "If a person with limited capacity for civil conduct suffers personal injury during his study and life in a school or other educational institution, and the school or other educational institution fails to fulfill its educational management duties, he shall bear the responsibility."

Article 72 of the Education Law of the People's Republic of China: "Those who gather people to fight, stir up trouble, disrupt the education and teaching order of schools and other educational institutions, or destroy school buildings, venues and other property shall be punished by public security organs; If a crime is constituted, criminal responsibility shall be investigated according to law. Whoever encroaches on the school buildings, venues and other property of schools and other educational institutions shall bear civil liability according to law. "

Legal tip:

From this case, we find that in many campus injury cases, parents should handle things through legal channels with a rational and peaceful mind, instead of blaming the school blindly, let alone making trouble. I am also responsible for the infringement cases in the school. After the injury, in addition to making up for the loss in time, it is more important to straighten out the legal relationship in time, sit down and distinguish the responsibilities, make appropriate compensation and safeguard my rights and interests in a reasonable way.

At the same time, we should also remind the majority of young students to protect their lives in school activities and not to do dangerous actions and games to avoid accidents.