问题 单项选择题

图书馆清洁工刘某向县人民法院起诉,要求法院判令图书管理员丁某将其带回家的 10册图书退还给图书馆。法院接受起诉后,经过审查,认为刘某与本案无直接利害关系,应如何处理( )

A.裁定终结起诉

B.判决驳回诉讼请求

C.裁定驳回起诉

D.裁定不予受理

答案

参考答案:D

解析:本题涉及起诉不符合条件的问题。依照《民诉意见》第139条规定,起诉不符合条件的,人民法院应当裁定不予受理。立案后发现不符合起诉条件的,裁定驳回起诉。故本题选项为D。

问答题

The finding is contrary to the common belief that all people are motivated to alleviate negative moods, according to Jonathon Brown, a University of Washington psychologist.

(46) “Many people with low self-esteem believe sadness is part of life and that you shouldn’t try to get rid of it, while people with high self-esteem believe in doing something to feel better if they have a negative experience or get in a bad mood, ”said Brown.

The researchers conducted five studies involving nearly 900 people. (47)In the key experiment, the researchers created a sad mood by having subjects listen to music and found that people with low self-esteem were significantly less likely than people with high self-esteem to select a comedy video from among six tapes to break their mood.

“People with lowself-esteem feel resignation because they question whether anything will help and say ‘ I’m not good at breaking or changing a mood, ” Brown said. “They also believe sadness is not something you get rid of and that you learn and grow from sadness. They feel it is not appropriate to try to change a mood. These are not people who would necessarily go to the movies or shopping to feel better. ”

There are things that people with low self-esteem can do to snap a negative mood, according to Brown.

(48) “If you have low self-esteem, you should actively try to rise above the sadness and learn that you will feel better if you do not passively accept sadness. You can get better if you remind yourself to do something. You may have to kick yourself in the butt to go to a movie because it will require a conscious effort rather than something that comes automatically, ” he said.

The other four studies reinforced the idea that low self-esteem people are less motivated to change a negative mood. The initial study asked students to record in a diary a positive or negative experience that happened to them in the next 7 to 10 days and what they did afterwards. (49)The second study found that people with low self-esteem are equally knowledgeable as those with high self-esteem about strategies to repair negative moods.

The final two studies asked people about their experiences when they were in a negative mood. (50) Those with high self-esteem were more likely to express the need to do something to change the mood and less likely to recall instances when they didn’t find a way to improve their mood. Those with low self-esteem, however, were more likely to say such moods are acceptable and that they couldn’t change a mood even if they tried. They also were more likely to say that negative moods sapped their energy.

(49)The second study found that people with low self-esteem are equally knowledgeable as those with high self-esteem about strategies to repair negative moods.

判断题