问题 单项选择题

甲乙结婚后,甲因车祸成为植物人,甲之母疑乙有婚外情,遂代替甲向法院起诉与乙离婚。对此:下列表述中,正确的是:

A.鉴于乙可能有婚外情,甲之母可以甲之监护人的身份向法院提起甲乙之离婚诉讼

B.鉴于甲已成为植物人,乙虽为其监护人,但不能代替甲提起离婚诉讼,所以,甲之母可以代替甲提起离婚诉讼

C.若甲之母通过变更监护人之诉而成为甲之监护人,可以代理甲提起离婚诉讼

D.若甲之母通过变更监护人之诉而成为甲之监护人,可以代理甲参加乙提起的离婚诉讼

答案

参考答案:D

解析:本题涉及无民事行为能力人的监护问题。本题中,甲成为植物人后,依《民法通则》第17条规定,应由其配偶乙担任其监护人。监护人为被监护人的法定代理人,得为被监护人的利益而代理其从事包括诉讼行为在内的行为。甲之母不为甲的监护人,不能以甲的监护人的身份从事活动,故A选项错误。甲成为植物人后,乙为其监护人,自然不能代理甲提起与自己的离婚之诉,但若乙损害甲的.利益,甲的其他亲属可以提起变更监护人之诉,从而维护甲的合法利益。故B选项错误。C选项中,虽然甲之母已经为甲的监护人,但由于离婚行为属于具有人身性质的行为,为不得代理的行为,故甲之母仍然不能提起离婚诉讼。故C选项错误。但若乙提起离婚诉讼,为了维护甲的利益,甲之母得代理甲参加诉讼。此时,其参加诉讼并非为了代理甲作出离婚的意思表示,而是在诉讼中维护甲的利益,属于监护人的职责,故D选项正确。

选择题
阅读理解

If your head is overheating, you are very likely to yawn(打哈欠) soon, according to a new study that has found the main purpose of yawning is to control brain temperature. The study explains several mysteries about yawning, such as why it’s most commonly done just before and after sleeping, why certain diseases lead to too much yawning, and why breathing though the nose often stops yawning.

“Brains are like computers,” Andrew Gallup, a researcher in the department of Biology at Binghamton University who led the study, said. “They operate best when cool.”

He and his co-workers Micheal Miller and Anne Clark did researches on yawning in parakeets(长尾小鹦鹉) , which have relatively large brains, live wild in Australia, often experience temperature changes, and, most importantly, do not yawn when others yawn, as humans and some other animals do.

For the study, the scientists put parakeets under three different conditions: increasing temperature, high temperature and normal temperature. While the frequency(频率) of yawns did not increase under the latter two conditions, it increased greatly when the researchers increased the temperature.

It’s now believed yawning operates like a radiator(散热器).

If air in the atmosphere is cooler than the brain and body temperatures, taking it in quickly cools blood, which in turn cools the brain. The new findings also explain why tired people often yawn. Both tiredness and sleep loss can increase brain temperature, while yawning can cool down the brain.

In the future, researchers may focus more on brain temperature and its role in diseases and their symptoms. But the new study on yawning changes the popular idea that yawns are just signs of getting tired of something.

49. What’s the best title for the passage?

A. Why don’t people yawn at normal temperature?

B. The yawn explained—it cools your brain.

C. Yawning operates like a radiator.

D. The cause of yawning—finally found out.

50. The main reason why researchers chose parakeets to do the research is that parakeets______.

A. have very large brains                

B. live wild in Australia

C. are not affected by others’ yawning       

D. experience frequent temperature changes

51. The writer may suggest doing all of the following to stop yawning EXCEPT______.

A. breathing through the nose          

B. turning up the heat

C. enjoying some cool wind               

D. putting a cold towel on your forehead

52. In which section of a newspaper would you most probably read this passage?

A. Discovery.        B. Education.         C. Health.              D. Mystery.