问题 单项选择题

某地工商管理部门在对市场进行检查时,发现个体户刘某所卖干货中有价值3000元左右的假酱菜、假味精,因而作出没收假干货、没收刘某的营业执照,并对刘某处以1000元罚款的行政决定。刘某不服,向其上一级工商行政管理部门申请行政复议,复议机关作出对刘某罚款4000元,对其他处罚决定予以维持的复议决定。刘某对该复议决定不服,向人民法院提起行政诉讼,受理法院判决将罚款降到1500元,其他处罚决定予以维持。对于本案中的行为,下列看法正确的是_________。

A.对相对人提起的行政复议,复议机关不应当加重对相对人的处罚

B.人民法院不能代替行政机关直接变更罚款数额,本案中法院将罚款数额降低的行为是违法的

C.人民法院认为本案中的罚款数额明显失当,可以直接作出变更决定,但对其他对处罚决定不得直接变更

D.人民法院认为罚款明显不当,可以直接作出变更决定,而且对其他的行政处罚决定认为明显不当时也可以直接进行变更

答案

参考答案:D

解析:依《行政处罚法》第33条及第47条的规定,本案应适用简易程序,但不得当场收缴罚款,所以 A、B、D三项错误。又据第32条第2款之规定,行政机关不得因当事人申辩而加重处罚。故C项正确。

完形填空

Verb filling(38%)

With everything he needed ________, she left the supermarket. ( buy)

If selected, he promised he would do all he could ________ public welfare. (promote)

You are wasting your time __________ him; he’ll never take your advice. ( persuade)

We can do no nothing now but _________him. ( encourage)

I meant _______  you last weekend, but I was too busy and could not afford any time. ( visit )

Don’t let those who are not old enough ________ the video game arcade. ( enter)

Do you feel like ________ a walk along the river? ( have)

________ to eat in the school cafeteria every day made me sick.  (force)

Up to now, I ________ four cups of coffee this morning. ( drink)

All of the students _________ attentively when someone made a loud noise. (listen)

By the time I went to bed last night, Tom ________ asleep. (fall)

It was insisted that the man ________ to prison because he committed a serious crime. ( send)

This is the very motor cycle _________ to my desk-mate that was stolen last week. (belong)

That novel written by the famous writer from Hong Kong is certainly worth _______ twice. (read)

There are a number of students _________ to get examined. ( wait)

The gangsters _______ out in a remote cabin until it was safe to return to the city. ( hide)

He is such an _______ man. No one likes him. ( annoy)

The driver of the car probably holds the key to _______ the crime. ( solve)

I spoke to her kindly ________ her. ( not frighten)

It _____ ten years before we meet again. ( be)

It is hard to find a time that _______ everyone. ( suit)

I first met Tom 10 years ago. He _______________ in a radio factory at that time. (work)

Don’t bother to look for my dictionary, for it ____________ up some day. (turn)

Some of our students do need ____________ highly because they perform well in every task they carry out. (praise)

I know Mr. Brown; we ________________ to each other at an international conference. (introduce)

_________ in 1950, this company has a history of over 50 years. (found)

After _________________, the applicants will be required to take a language test. (interview)

His works are said ______________________ into dozens of languages in the past few years. (translate)

I found it no good ____________ to do it again. (continue)

The flowers __________ so sweet that I decided to buy some. (smell)

He came into the classroom, _____________ by many students. (follow)

The terrible sound from downstairs made children _____________. (frighten)

You’d better _______________ to know how to do it. (not pretend)

Neither his parents nor his wife ______________ him well. (understand)

You can hardly imagine the difficulty the woman had ____________ up her children. (bring)

Though _________ money, his parents managed to send him abroad. (lack)

He told us the story of a practical joke __________ on the man working with us. (play)

38.The matter ___________________ now will be settled at today’s meeting. (discuss)

单项选择题