（2006年） 　　案情：老方创作的纪实小说《村支书的苦与乐》，以某县吴村村支部书记吴某为原型进行创作，其中描述了他与村霸林申（以林甲为原型）之间斗智斗勇的冲突场面。小说在《山南海北》杂志发表后，林甲认为小说将村支书作为正义的化身进行描述，将自己作为“村霸”进行刻画，侵犯其名誉权。林甲起诉老方，请求赔偿经济损失2万元并赔礼道歉。 　　法院受理本案后，追加杂志社为共同被告。由于林甲死亡，法院变更其子林乙为原告，其后又准许林乙将请求赔偿经济损失的数额变更为3万元。一审过程中，被告提出了当地镇党委处理林甲相关问题的决定（档案材料）作为证据，证明小说的描述有事实根据。一审判决认为，镇党委办公室虽然给老方提供了处理决定（档案材料），但并未明确同意可据此创作小说，故该材料不能作为证据；同时认为，杂志社编辑与作家老方和林甲虽不认识，难以核实有关事实，但也不能免除侵权责任，故认定老方和杂志社构成侵权，判决赔偿经济损失3万元，并在《山南海北》上刊登小说情节失实的声明以消除影响。判决未涉及赔礼道歉的问题。 　　林乙、老方和杂志社均提出了上诉，二审法院经过书面审查，未接触当事人，直接裁定撤销原判发回重审。一审法院经过重审，判决支持了原告的全部诉讼请求，双方当事人均未再提出上诉。老方和杂志社在判决确定的期限内履行了赔偿义务，但拒绝赔礼道歉。 　　问题：

如何评价法院一审判决？为什么？

Love, success, happiness, family and freedom—how important are these values to you? Here is one interview which explores the fundamental questions in life.

Question: Could you introduce yourself first?

Answer: My name is Misbah, 27 years old. I was born in a war-torn area. Right now I’m a web designer.

Q: What are your great memories?

A: My parents used to take us to hunt birds, climb trees, and play in the fields. For me it was like a holiday because we were going to have fun all day long. Those are my great memories.

Q: Does your childhood mean a lot to you?

A: Yes. As life was very hard, I used to work to help bring money in for the family. I spent my childhood working, with responsibilities beyond my age. However, it taught me to deal with problems all alone. I learnt to be independent.

Q: What changes would you like to make in your life?

A: If I could change something in my life, I’d change it so that my childhood could have taken place in another area. I would have loved to live with my family in freedom. Who cares whether we have much money, or whether we have a beautiful house? It doesn’t matter as long as I can live with my family and we are safe.

Q: How do your get along with your parents?

A: My parents supported me until I came of age. I want to give back what I’ve got. That’s our way. But I am working in another city. My only contact with my parents now is through the phone, but I hate using it. It filters(过滤) out your emotion and leaves your voice only. My deepest feelings should be passed through sight, hearing and touch.

小题1:In Misbah’s childhood,     .

A．he was fond of getting close to nature

B．he liked living in the countryside

C．he was free from worry

D．he often spent holidays with his family小题2:What did Misbah desire most in his childhood?

A．A colorful life.

B．A beautiful house.

C．Money for his family.

D．Peace and freedom.小题3:How would Misbah prefer to communicate with his parents?

A．By chatting on the Internet.

B．By calling them sometimes.

C．By writing them letters.

D．By paying weekly visits.小题4:If there were only one question left, what would it most probably be?

A．What was your childhood dream?

B．What is your parents’ view of you?

C．What is your biggest achievement?

D．What was your hardest experience in the war?