问题 问答题

王某与李某系好朋友,王某酷爱集邮,但由于经济上不富裕,很多邮票无法购得。后经人点拨,心生一计,他以李某的名义、地址在某杂志上刊登一则征婚启事。此后,李某收到大量异性来信,要求与其建立恋爱关系。王某从这些来信上挑选了大量邮票,而李某并不知怎么回事,其女朋友得知此事与其大吵一架后分手了。李某只觉得委屈,整天闷闷不乐。后王某将此事告知李某,李某十分气愤,要求王某公开赔礼道歉、消除影响并赔偿损失,王某不同意,经单位调解无效,李某以侵害其姓名权为由诉到法院。问: (1)本案中李某的名誉权是否受到了侵害 (2)你认为法院应当怎样判决

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解析:(1)李某的名誉权受到了侵害。王某的行为给李某的名誉造成一定的影响,当然,这是由于侵害李某的姓名权而引起的,属于侵权行为的竞合。本案王某以正在谈恋爱的李某的名义登征婚广告,无疑降低了李某的社会评价,侵害了李某的名誉权。 (2)法院应当以姓名权侵权为案由,认定王某侵害了李某的姓名权,并使其承担赔礼道歉、消除影响以及赔偿损失的民事责任。因为,王某是未经李某同意而以李某名义刊登征婚启事的,属于典型的侵害他人姓名权的行为。[解题指导] (1)从李某的社会评价是否降低来判定他的名誉权是否被侵害。 (2)从侵害姓名权的构成要件以及救济方式作答。

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填空题

Are you looking after yourself


1. Running is an excellent exercise. Before you start running, you should warm up first, using slow movements that make all your muscles work. But be careful! If you stretch when your muscles are cold, you might do yourself an injury. Always wear comfortable clothing and make sure your trainers comfortable and in good shape. If you wear shoes that give good support to your whole feet, you will put less pressure on your knees. You should start exercising slowly, at a pace you can keep up for about 15-20 minutes. Try to exercise on soft ground as this will protect your knees and hips from too much stress.
2. It’s OK if you go to bed late occasionally but if you regularly cut down on your sleep, it will soon start to have a bad effect on your skin. If you get a good night’s rest, it will do your appearance the world of good. It is not called beauty sleep for nothing! Lack of sleep can cause acne or dry skin. Make sure you get a good night’s sleep by going to bed and getting up at regular times: don’t burn the candle at both ends. During the day, keep active: if you don’t get enough exercise during the day, you may end up sleepless all night.
3. Did you know that standing, sitting and walking badly can make you look heavier than you really are If we watched the way we sat and stood, it would improve our appearance a great deal. Stand in front of the mirror with your feet apart and your legs straight. Pull in your tummy, check that your ears, shoulders, hips, knees and ankles are in line with each other. You should be feeling and looking better already.
4. Most of us live in large polluted cities. If we got more fresh air, we would look healthier and more attractive. A brisk walk is one of the best things you can do for your circulation and appearance. Walking slowly is useful but a quick pace gets more oxygen into your lungs. So don’t just go for a pleasant stroll, try and find an area that doesn’t have much pollution, and get moving!
5. Many young people feel guilty about eating too much chocolate, and some even say they are addicted to it, though there is no evidence to support this. Chocolate does contain a lot of fat, and therefore any addicts out there would do better to eat less. However, if your diet is balanced, you needn’t feel guilty: eating chocolate in moderation is free — but don’t eat it instead of a proper meal!
A. A good night’s rest
B. More leisure time
C. Good posture
D. Drug addiction
E. More fresh air
F. Balanced diet
G. Tips for a run

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