问题 单项选择题

下列选项中哪项不属于既可以由复议机关所在地人民法院管辖,也可以由最初作出具体行为的行政机关所在地人民法院管辖

A.经复议而复议机关改变原具体行政行为所认定的主要事实的

B.经复议而复议机关维持原具体行政行为的

C.经复议而复议机关部分撤销原具体行政行为内容的

D.经复议,复议机关撤销原具体行政行为决定的

答案

参考答案:B

解析:《行政诉讼法》第17条规定:“行政案件由最初作出具体行政行为的行政机关所在地人民法院管辖。经复议的案件,复议机关改变原具体行政行为的,也可以由复议机关所在地人民法院管辖。”《行诉解释》第7条规定:“复议决定有下列情形之一的,属于行政诉讼法规定的改变原具体行政行为:(一)改变原具体行政行为所认定的主要事实和证据的;(二)改变原具体行政行为所适用的规范依据且对定性产生影响的;(三)撤销、部分撤销或者变更原具体行政行为处理结果的。” 根据以上两个规定,A、C、D项中都属于题干中要求的情形,只有B项不属于。故B为正确答案。

单项选择题
单项选择题

Mr. Peter Johnson, aged twenty-three, battled for half an hour to escape from his trapped car yesterday when it landed upside down in three feet of water. Mr. Johnson took the only escape route—through the boot.
Mr. Johnson’s car had finished up in a ditch at Romney Marsin, Kent after skidding on ice and hitting a bank. "Fortunately, the water began to come in only slowly, " Mr. Johnson said. "I couldn’t force the doors because they were jammed against the walls of the ditch and dared not open the windows because I knew water would come flooding in. "
Mr. Johnson, a sweet salesman of Sitting Home, Kent, first tried to attract the attention of other motorists by sounding the horn and hammering on the roof and boot. Then he began his struggle to escape.
Later he said, "It was really a half penny that saved my life. It was the only coin I had in my pocket and I used it to unscrew the back seat to get into the boot. I hammered desperately with a hammer trying to make someone hear, but no help came. "
It took ten minutes to unscrew the seat, and a further five minutes to clear the sweet samples from the boot. Then Mr. Johnson found a wrench and began to work on the boot lock. Fifteen minutes passed by. "It was the only chance I had. Finally it gave, but as soon as I moved the boot lid, the water and mud poured in. I forced the lid down into the mud and scrambled clear as the car filled up. "
His hands and arms cut and bruised, Mr. Johnson got to Beckett Farm nearby, where he was looked after by the farmer’s wife, Mrs. Lucy Bates. Huddled in a blanket, he said, "That thirty minutes seemed like hours. " Only the tips of the car wheels were visible, police said last night. The vehicle had sunk into two feet of mud at the bottom of the ditch.

"Finally it gave" (Paragraph 5) means that ______.

A. Luckily the door was torn away in the end
B. At last the wrench went broken
C. The lock came open after all his efforts
D. The chance was lost at the last minute