问题 单项选择题

下列受行政机关行为影响的何人可以作为提起行政诉讼的原告( )

A.某甲的父亲再婚,某甲要求法院撤销婚姻登记机关颁发的结婚证

B.王某认为税务机关没有依法收缴张某税款

C.某乙与某丙(条件与某乙相同)竞争一市政工程时,市政部门将工程给标价高的某丙,某乙起诉

D.自来水公司对小区居民超额用水行为进行处罚,居民起诉自来水公司

答案

参考答案:C

解析: 原告应当是与被诉的具体行政行为之间有利害关系的公民、法人或其他组织。A项中婚姻登记机关作出的准予结婚决定并不影响其子女的人身权和财产权。B项中税务机关未依法收缴张某的税款的行为并未影响王某的权利,王某不能作为原告起诉。D项中居民可以起诉自来水公司但不是依行政诉讼法,而是根据合同法的相关规定,因为他们之间是民事合同关系而非行政关系。只有C项根据《行诉解释》第13条第(一)项关于相对人的公平竞争权的规定符合起诉条件。按照《政府采购法》的原理,在同等条件下,应遵循报价最低者得到工程原则。

问答题 论述题
单项选择题

El Nino is the term used for the period when sea surface temperatures are above normal off the South American coast along the equatorial Pacific, sometimes called the Earth’s heartbeat, and is a dramatic but mysterious climate system that periodically rages across the Pacific.

El Nino means "the little boy" or "the Christ child" in Spanish, and is so called because its warm current is felt along coastal Peru and Ecuador around Christmas. But the local warming is just part of an intricate set of changes in the ocean and atmosphere across the tropical Pacific, which covers a third of the Earth’s circumference. Its intensity is such that it affects temperatures, storm tracks and rainfall around the world.

Droughts in Africa and Australia, tropical storms in the Pacific, torrential rains along the Californian coast and lush greening of Peruvian deserts have all been ascribed to the whim of EI Nino. Until recently it has been returning about every three to five years. But recently it has become more frequent--for the first time on record it has returned for a fourth consecutive year--and at the same time a giant pool of unusually warm water has settled down in the middle of the Pacific and is showing no signs of moving.

Climatologists don’t yet know why, though some are saying these aberrations may signal a worldwide change in climate. The problem is that nobody really seems sure what causes the El Nin o to start up, and what makes some per than others. And this makes it particularly hard to explain why it has suddenly started behaving so differently.

In the absence of EI Nino and its cold counterpart, La Nina, conditions in the tropical eastern Pacific are the opposite of those in the west. the east is cool and dry, while the west is hot and wet. In the east, it’s the winds and currents that keep things cool. It works like this. Strong, steady winds, called trade winds, blowing west across the Pacific drag the surface water along with them. The varying influence of the Earth’s rotation at different latitudes, known as the Coriolis effect, causes these surface winds and water to veer towards the poles, north in the northern hemisphere and south in the southern hemisphere. The surface water is replaced by colder water from deeper in the ocean in a process known as upwelling.

The cold surface water in turn chills the air above it. This cold dense air cannot rise high enough for water vapor to condense into clouds. The dense air creates an area of high pressure so that the atmosphere over the equatorial eastern Pacific is essentially devoid of rainfall.

The word "aberrations" (Paragraph 4) can best be replaced by()

A. irregularities

B. destructions

C. frequencies

D. intensities