问题 问答题

原告钱某,女;被告王某,男。钱某与王某于1987年结婚,婚后生育一女孩。王某自1990年外出打工回来后,经常在外吃喝玩乐,甚至与其他女性发生不正当关系,对钱某母女不尽任何家庭义务。1993年2月,王某再次外出打工,但此后再也没有回来,也未跟家中有任何联系。1996年4月,钱某向法院起诉,要求与王某离婚。案件审理期间,王某经公告传唤仍未到庭参加诉讼。问:
(1)法院能否宣布王某为失踪人
(2)法院能否判决钱某与王某离婚

答案

参考答案:(1)《民法通则》第二十条规定:“公民下落不明满二年的,利害关系人可以向人民法院申请宣告他为失踪人。”根据本条规定,非经利害关系人的申请,人民法院不得主动宣告失踪。本案中,虽然王某已经符合宣告失踪的条件,但其配偶钱某只向法院提起离婚诉讼,没有申请宣告王某失踪,王某的其他利害关系人也没有申请,因此人民法院不能依职权主动宣告王某为失踪人。
(2)最高人民法院《关于人民法院审理离婚案件如何认定夫妻感情确已破裂的若干具体意见》中提到,夫妻一方下落不明已满二年,且经过公告查找确无下落的,可以判决准予离婚。该案中,王某离家出走已三年多,完全符合上述规定;而且从钱某与王某的关系来看,王某长期不尽夫妻义务,不珍惜夫妻感情,放弃对子女的养育,现在钱某提出离婚,显然夫妻感情确已破裂,法院应当判决离婚。

阅读理解

One day, when I was working as a psychologist in England,an adolescent boy showed up in my office. It was David. He kept walking up and down restlessly, his face pale, and his hands shaking slightly. His head teacher had referred him to me. "This boy has lost his family," he wrote. "He is understandably very sad and refuses to talk to others, and I'm very worried about him. Can you help?”

I looked at David and showed him to a chair. How could I help him? There are problems psychology doesn’t have the answer to, and which no words can describe. Sometimes the best thing one can do is to listen openly and sympathetically

The first two times we met, David didn't say a word. He sat there, only looking up to look at the children's drawings on the wall behind me. I suggested we play a game of chess. He nodded. After that he played chess with me every Wednesday afternoon-in complete silence and without looking at me. It's not easy to cheat in chess, but I admit I made sure David won once or twice.

Usually, he arrived earlier than agreed, took the chess board and pieces from the shelf and began setting them up before I even got a chance to sit down. It seemed as if he enjoyed my company. But why did he never look at me?

"Perhaps he simply needs someone to share his pain with," I thought. "Perhaps he senses that I respect his suffering.” Some months later, when we were playing chess, he looked up at me suddenly.

"It’s your turn," he said.

After that day, David started talking. He got friends in school and joined a bicycle club. He wrote to me a few times about his biking with some friends, and about his plan to get into university. Now he had really started to live his own life.

Maybe I gave David something. But I also learned that one-without any words-can reach out to another person. All it takes is a hug, a shoulder to cry on, a friendly touch, and an ear that listens.

小题1:When he first met the author, David    .

A.felt a little excited

B.walked energetically

C.looked a little nervous

D.showed up with his teacher小题2:As a psychologist, the author    .

A.was ready to listen to David

B.was skeptical about psychology

C.was able to describe David's problem

D.was sure of handling David's problem小题3:David enjoyed being with the author because he________.

A.wanted to ask the author for advice

B.need to share sorrow with the author

C.liked the children’s drawings in the office

D.bear the author many times in the chess game小题4:What can be inferred about David?

A.He recovered after months of treatment.

B.He liked biking before he lost his family.

C.He went into university soon after starting to talk.

D.He got friends in school before he met the author.小题5:What made David change?

A.His teacher’s help.

B.The author’s friendship.

C.His exchange of letters with the author.

D.The author’s silent communication with him.

单项选择题