问题 单项选择题

根据我国(民事诉讼法)及相关司法解释的规定,下列哪一案件人民法院不应受理

A.1998年2月,单香莲诉至人民法院要求解除与黄涛的婚姻关系,D市C区人民法院作出判决,女儿黄圆随单香莲生活,确定黄涛每月给黄圆抚养费200元。2004年5月,单香莲又到D市C区人民法院递交起诉状,要求每月的抚养费增加到300元

B.7岁的张晓明与邻居9岁的王良亮玩耍时,被王良亮不慎划伤右眼,导致失明,张家在要求王家赔偿未果的情况下,以张晓明为原告、王良亮为被告诉至某市人民法院,请求人民法院判决赔偿医疗费等费用

C.周志刚在某市的火锅店消费时,被粗心的服务员烫伤,住院达1个月之久。火锅店老板单某亲自到医院看望,并主动承担了所有医药费。周志刚自烫伤之日起一年零五个月后,才觉得自己实在太亏,于是诉至某市人民法院要求单某赔偿其损失

D.何长福以其养子不尽赡养义务为由向某基层人民法院起诉要求解除收养关系,人民法院判决维持收养关系,5个月后何长福又以相同的理由向同一人民法院起诉

答案

参考答案:D

解析:[考点] 不予受理的情形
根据《民诉意见》第152条的规定,对于类似本题中的单香莲要求抚养费的案件,在法院裁判发生法律效力后,因新情况、新理由,当事人再行起诉要求增加费用的,人民法院应作为新案受理,故A项人民法院应予受理。B项中的张晓明和王良亮虽然无诉讼行为能力,但是有诉讼权利能力,能够成为该案的适格当事人,他们可以由法定代理人代理参加诉讼,因此,B项人民法院应予受理。根据《民诉意见》第153条规定,可知C项中的周志刚尽管起诉时已经超过诉讼时效,但人民法院应当受理起诉,只不过因周志刚丧失了胜诉权,人民法院受理后查明无中止、中断、延长事由的,应判决驳回其诉讼请求。根据《民事诉讼法》第111条第(7)项的规定,可知D项中的何长福没有新情况、新理由,在6个月内又起诉的,人民法院不予受理。因此,本题D项为正确选项。

填空题

Today, we’ll talk about what other effects watching TV might produce on children. Children should be (1) a lot of television, many experts and parents agree, but there is at least one circumstance when it might be beneficial: (2) . A recent study conducted by Italian researchers found that children (3) immediately preceding and during blood tests experienced less pain than children whose mothers (4) during the procedure, or children whose mothers were present but (5) .
The research, led by Carlo Brown, MD, at the University of Siena, is published in the Archives of Disease in Childhood. (6) the study. None received any type of anesthesia; the children and their mothers (7) . Both the group whose mothers attempted to distract them from the blood tests and those whose mothers simply observed reported (8) than the group who watched cartoons. For that group, the levels of pain were less and the children were better able to (9) .
One of the possible explanations is that children might have (10) during the procedures, exacerbating their perception of pain. "The higher pain level reported by children during (11) shows the difficulty mothers have in interacting positively (12) in their children’s life," the authors write.
However, they stressed that (13) still provided benefits, noting that the children would (14) during the procedures. "Indeed, children state that having their parent present (15) when in pain," say the authors.
Another possibility offered for consideration is the notion that the (16) might release pain-quelling endorphins. Endorphins, (17) produced by the pituitary gland, resemble opiates in their ability to produce analgesia and a sense of well-being. In other words, they might (18) .
In any case, the study results suggest that health workers should (19) to watch television during painful procedures (20) .

名词解释