问题 单项选择题

2004年3月5日,已怀孕7个月的李娟和丈夫正在小区散步,迎面一辆摩托车驶来,李娟躲闪不及,被摩托车的扶手从侧面顶了一下肚子,骑摩托车的人正好是楼下的邻居大毛。大毛连忙下车问是否需要上医院,李娟一看是邻居,就说算了,没事儿。没想到了晚上,肚子却痛得厉害起来,家人赶紧将她送到医院,当天晚上,李娟便早产下一女婴,小女孩取名丹丹,由于早产孩子只能放到保温箱中,医药费比正常分娩多花了一万多元钱,并且医生说早产的孩子将来会有很多后遗症。从医院回家后,李娟越想越觉得应该找大毛承担相应的责任。李娟找到大毛,要求大毛支付孩子早产多花的医疗费,以及承担孩子将来可能出现的早产所致后遗症的相应赔偿责任。由于大毛只同意赔偿3000元钱,李娟因此将大毛告上法庭。关于本案的当事人,下列说法正确的是()。

A.丹丹和李娟为必要共同诉讼原告,大毛为被告

B.丹丹为原告,李娟为丹丹的法定诉讼代理人,大毛为被告

C.李娟为原告,大毛为被告

D.丹丹和李娟为普通共同诉讼原告,大毛为被告

答案

参考答案:C

解析:丹丹不能作为本案当事人,因为丹丹不具有民事诉讼权利能力。民事诉讼中当事人必须具有民事诉讼权利能力。民事诉讼权利能力指的是作为当事人进行诉讼的资格,即能以自己的名义参加诉讼,享有诉讼权利,承担诉讼义务的资格。按照我国民事诉讼的规定,公民的诉讼权利能力与民事权利能力的取得和消灭存在着相适应的关系,即公民的诉讼权利能力始于出生,终于死亡。本案中的损害发生时,丹丹还未出生,即丹丹当时不具有诉讼权利能力,所以丹丹不能作为本案当事人。所以只有答案C是正确的。

单项选择题
阅读理解

阅读理解。

     It is thought that crying is hardly an activity encouraged by society. Tears, whether they are of sorrow,

anger, or joy, typically make Americans feel uncomfortable and embarrassed. The shedder of tears (落泪者)

is likely to apologize, even when a great tragedy was the cause. The observer of tears is likely to do everything

possible to put an end to the emotional tears. But judging from recent studies of crying behavior, both those

responses to tears are often inappropriate and may even be counterproductive (适得其反).

     Humans are the only animals clearly known to shed emotional tears. Since evolution has given rise to few

purposeless physiological responses, it is logical to assume that crying has one or more functions that enhance

(increase) survival.

     Although some observers have suggested that crying is a way to ask for assistance from others (as a crying

baby might from its mother), the shedding of tears is hardly necessary to get help. Loud cries would have been

quite enough, more likely than tears to gain attention. So, it appears, there must be something special about tears

themselves.

     Indeed, the new studies suggest that emotional tears may play a direct role in reducing stress. University of

Minnesota researchers who are studying the chemical composition of tears have recently separated two

important chemicals from emotional tears. Both chemicals are found only in tears that are shed in response to

emotion. Tears shed because of exposure to cut onion would contain no such substance. 

     Other researchers are mvestigating the usefulness of tears as a means of making a careful examination of

human ills and monitoring drugs. At Tulane University's Tear Analysis Laboratory, Dr. Peter Kastl and his

colleagues report that they can use tears to detect drug abuse, to study the causes of "dry eye" syndrome (综合

症) and the effects of eye surgery, and perhaps even to measure exposure to environmental pollutants.

1. What does the phrase "both those responses" in Paragraph l refer to? [ ]

A. Crying out of sorrow and shedding tears for happiness.

B. The embarrassment and unpleasant feeling of the observers.

C. The tear shedder's apology and the observer's effort to stop the crying.

D. Linking illness with crying and finding the chemical composition of tears.

2. From the passage we can infer that _____. [ ]

A. it is natural for people to shed tears

B. we can reduce our stress by shedding tears

C. shedders of tears can't get help by crying loudly

D. unlike animals, humans can shed tears for survival

3. What does the passage mainly talk about? [ ]

A. Roles of emotional tears.

B. Functions of shedding tears.

C. Unwelcome shedders of tears.

D. Research on the effects of tears.