问题 单项选择题

甲以A县公安局不履行保护人身权为由向A县基层人民法院提起行政诉讼。在诉讼过程中,甲收到公安局的恐吓短信,于是甲申请撤诉。法院在杳明真相后裁定不准许撤诉。但甲未敢参加开庭审理。请问,在这种情况下,法院的正确做法应当是( )。

A.可以缺席判决

B.应当缺席判决

C.应当裁定中止审理

D.应当裁定终止审理

答案

参考答案:A

解析:
[考点] 法院不准许撤诉、原告拒不到庭情况的处理
《最高人民法院关于执行<中华人民共和国行政诉讼法>若干问题的解释》第49条第2款规定,原告或者上诉人申请撤诉,人民法院裁定不予准许的,原告或者上诉人经合法传唤无正当理由拒不到庭,或者未经法庭许可而中途退庭的,人民法院可以缺席判决。因此,正确答案应当为A选项。
该题看似简单,实则不然。该题要求考生对知识点的记忆要高度准确,复习时要严格区分“可以”与“应当”的使用情形。同时再加卜C、D两项中“应当”的干扰,更容易使考生产生混乱。

解答题
阅读理解

阅读理解。

     Hilary Smith belonged to a good family. But by the age of twenty, he had spent all the money the good

old family had. He then had some trouble with the bank and was put in prison. He escaped from the prison

and ran to Australia without delay.

     Hilary did not like Australia, and Australia did not like Hilary. What he could do seemed to be one of two

things: die or work. Then he remembered that he was not alone in the world. He had an aunt.

     She was his father's only sister, but his father used to say she brought no glory to the family. Hilary, of

course, tried to discover what she had done. It seemed that she had failed to marry a nobleman. Instead, she

had chosen a husband who was connected with:"trade". Of course as soon as she became "Mrs. Parks", her

brother considered her dead. Later on, Mr. Parks died and left her a lot of money; but that did not bring her

back to life in her brother's opinion.

     Hilary discovered his aunt's address. Fortunately she remained faithful and honest to him even after she

fell ill. So Hilary's star shone again, and soon he moved into her house and lived as comfortably as a sailor

who had just reached harbour. He had only about a sixpence in his pocket.

     One thing was soon clear: his aunt was seriously ill, and nothing could cure her illness. Hilary was very

worried. Fate had found a home for him, and was now going to throw him out of it. There was only one

thing that could save him: her will.

     "Will?" she said, "yes, I have made one. That was when I was a girl and had not much money. I left all

my money to some religious people."

     "Didn't you make another will when you were married?" Hilary asked.

     His aunt shook her head. "No," she said in a low voice, "There was no need. When I finally had a lot of

money I found I had no relations."

     On the next day he went to the public library and examined a book of law. It told him what he already

believed. When a woman is married, an earlier will loses its value. A new will must be made. If no new will

is made, the money goes to the nearest relation. Hilary knew that he was his aunt's only relation. His future

was safe.

     After a few months had passed, Hilary's problems became serious. He badly needed money. He had

expensive tastes, and owed a lot of money to shopkeepers. They trusted him because his aunt was rich; but

the debt was terrible.

     Unfortunately his aunt did not want to discuss money matters at all. In the end they had a quarrel about

the small amount of ten pounds. Hilary was not very angry. He. began to wonder about a new problem. Was

it kind to want his aunt to live any longer? Was it not better for her to die now? While he was considering

what to do, his aunt told him that she was going to send for her lawyer. So she was going to make a new

will, Hilary thought. She might leave all her money to someone else. Soon he reached a clear decision. He

must do a great kindness to the poor old woman.

     One night when the old servant who had been nursing his aunt went off, he doubled the amount of some

medicine. The total amount was too great and it could just put her to sleep forever.

     "Thank you," his aunt took the glass from his hand with a grateful look. "I want, more than anything, to

sleep, and never to wake up again. Is that what you wish, Hilary? Don't blame me if I have some doubts

about what you intended to do. Sick people get these ideas, you know. One thing I ought to explain to you.

Mr. Parks never married me. He already had a wife and couldn't marry again. That made your foolish father

very angry with me... Well, if I am alive tomorrow I shall make another will in your favour. If I die tonight,

you'll get nothing... No, Hilary, don't try to take the glass away. If you do that, I shall know, and i don't want

to know. Goodnight, Hilary."

     Then, very carefully, she raised the glass to her mouth and drank.

1. From the story, we learn that Hilary's aunt was _____. 

A. bad-tempered and lonely

B. kind-hearted and wise

C. careless about money

D. cruel to her niece

2. Why did Hilary's father consider his aunt dead?

A. Because they lost contact with each other after her marriage.

B. Because she married a businessman with a wife against his will.

C. Because she broke away from the family for a better life.

D. Because he thought she was a shame to the family.

3. The underlined sentence "He must do a great kindness to the poor old woman" in paragraph 11 suggests that

    Hilary Smith _____.

A. was determined to put his aunt's life to an end

B. decided to do his aunt a favor to call in a lawyer

C. made up his mind to take good care of his aunt

D. would help his aunt to donate all her money to religious people

4. Which of the following is the focus of the story?

A. Hilary's aunt's money.

B. Hilary Smith's debts.

C. The intended murder.

D. Hilary's aunt's marriage.

5. According to the law book, _____.

A. Hilary's aunt is not allowed to make a new will

B. the money will go to Hilary after his aunt dies without a new will

C. Hilary's aunt must leave the money to the religious people after she dies

D. Hilary must look after his aunt till her death because he is the only relation

6. Which detail from the story is the climax (高潮) of the story?

A. Hilary escaped from the prison.

B. Hilary quarreled with is aunt about ten pounds.

C. Hilary's aunt drank the medicine her nephew prepared for her.

D. Hilary's aunt made a will to leave all her money to someone else.