问题 单项选择题

下列权利受到侵害,权利人不能主张精神损害赔偿的是( )。

A.姓名权

B.名称权

C.肖像权

D.隐私权

答案

参考答案:B

解析:[评析] 考查要点是精神损害赔偿的适用范围。我国现行法规定的赔偿范围是物质赔偿和精神赔偿。物质赔偿主要是对财产造成损害的赔偿,而精神损害赔偿主要是对精神痛苦的抚慰,因此,各国立法对精神损害赔偿的适用范围都作出了明确规定。根据我国立法和司法解释,精神损害赔偿主要适用于自然人人格权(注意:不是法人人格权)受到的损害,当然也包括特殊物品如有纪念意义的物品受到损害的情形。可见,当事人是不能任意主张精神损害赔偿的,要受到法律规定的限制。综上分析,姓名权、肖像权和隐私权作为公民享有的人格权,在受到不法侵害时,权利人可以主张精神损害赔偿。因此,A项、C项和D项与题意不符,应予排除。法人作为一种社会组织,不具有精神损害赔偿的属性,所以,法人的人格权受到损害不能要求精神损害赔偿。因此,B项是正确答案。

单项选择题
完形填空
One day in Israel government officials were rebuilding a barn(谷仓). While working, they found a (n)  1   hole in a corner, so they used smoke to force the mice inside the hole to    2  . A while later they indeed saw mice running out, one after another.
Then, everyone thought that all the mice had  3  . But just as they were just about to start to clean up, they saw two mice squeezing out at the _of the hole. After some endeavor, the mice finally got out. But _5  , they did not run away immediately. Instead, one chased after the other near the exit of the hole. It seemed that one was trying to bite the _of the other. Everyone was puzzled, so they stepped_7_to take a look. They realized that one of the mice was and could not see anything, and the other one was trying to allow the blind mouse to  9 _on his tail so he could pull the blind one with him to escape.
After witnessing what happened, everyone was  10 and lost in thought. During meal time, the group of people sat down and started to chat about what had happened to the two mice. One serious Rome official said, “I think the relationship between those two mice was that of emperor and   11 .” The others thought for a while and said, “That was why !”A smart Israeli said, “I think their relationship was husband and wife.” The others felt it made sense, so they   12  . A Korean, who was accustomed to the firm tradition of loyalty to _13_ , said, “I think the relationship between them was that of mother and son.” Once again the others felt this was more reasonable,     
At that moment, one Samaritan who sat behind them resting his chin in his palms,  14  looked at other people, and asked, “Why did those two mice have to have a certain relationship?” Suddenly, the atmosphere froze. The group   15  at the Samaritan and remained silent. In fact, the true love is not established on benefit, friendship and loyalty or blood relationship. Instead, it is based on no relationship.
小题1:
A.cat B.mouseC.dogD.ant
小题2:
A.come inB.come downC.come outD.come over
小题3:
A.diedB.savedC.stayedD.escaped
小题4:
A.exitB.wallC.floorD.door
小题5:
A.strangely B.happilyC.luckilyD.sadly
小题6:
A.tailB.headC.footD.hand
小题7:
A.longerB.higherC.closerD.farther
小题8:
A.clearB.blindC.deafD.mute
小题9:
A.eatB.biteC.suckD.drink
小题10:
A.joylessB.hopelessC.carelessD.speechless
小题11:
A.doctorB.servantC.empressD.minister
小题12:
A.stoppedB.arguedC.agreedD.talked
小题13:
A.couplesB.parentsC.teachersD.elders
小题14:
A.puzzledlyB.repeatedlyC.pleasedly D.expectedly
小题15:
A.looked inB.looked upC.looked backD.looked down