问题 单项选择题

下列属于行政诉讼受案范围的是()

A.对行政机关吊销许可证行政处罚不服提起的诉讼

B.对行政法规、规章提起的诉讼

C.对行政机关制定、发布的具有普通约束力的决定、命令提起的诉讼

D.对法律规定由行政机关最终裁决的具体行政行为提起的诉讼

答案

参考答案:A

解析:

(1)行政诉讼的受理范围:

1)对行政拘留、暂扣或者吊销许可证和执照、责令停产停业、没收违法所得、没收非法财物、罚款、警告等行政处罚不服的;

2)对限制人身自由或者对财产的查封、扣押、冻结等行政强制措施和行政强制执行不服的;

3)申请行政许可,行政机关拒绝或者在法定期限内不予答复,或者对行政机关作出的有关行政许可的其他决定不服的:

4)对行政机关作出的关于确认土地、矿藏、水流、森林、山岭、草原、荒地、滩涂、海域等自然资源的所有权或者使用权的决定不服的;

5)对征收、征用决定及其补偿决定不服的;

6)申请行政机关履行保护人身权、财产权等合法权益的法定职责,行政机关拒绝履行或者不予答复的;

7)认为行政机关侵犯其经营自主权或者农村土地承包经营权、农村土地经营权的:

8)认为行政机关滥用行 * * 力排除或者限制竞争的:

9)认为行政机关违法集资、摊派费用或者违法要求履行其他义务的;

10)认为行政机关没有依法支付抚恤金、最低生活保障待遇或者社会保险待遇的;

11)认为行政机关不依法履行、未按照约定履行或者违法变更、解除政府特许经营协议、土地房屋征收补偿协议等协议的;

12)认为行政机关侵犯其他人身权、财产权等合法权益的。

(2)行政诉讼的不受理范围:

①国防、外交等国家行为;

②行政法规、规章或者行政机关制定、发布的具有普遍约束力的决定、命令;

③行政机关对其工作人员的奖惩、任免等决定;

④法律规定由行政机关最终裁决的具体行政行为;

⑤公安、国家安全等机关依照刑事诉讼法的明确授权实施的行为;

⑥行政调解行为以及法律规定的仲裁行为;⑦不具有强制力的行政指导行为;

⑧驳回当事人对行政行为提起申诉的重复处理行为;

⑨对公民、法人或者其他组织权利义务不产生实际影响的行为。BCD均为行政不受理范围,故选A。

建议考生运用"行政诉讼受理范围-弄(农)资源,竞征补,争(证)人财,抢(强)经营,发(罚)宝(保/抚恤金)物(务),""行政诉讼不受理范围-国防外交行政法,最终裁决公务员,调解仲裁法授权,指导重复无影响"等口诀准确记忆。

阅读理解

阅读理解。

     Top student Lin Yijian had a problem recently. The 14-year-old boy from Xiamen used to get marks

of over 110 points (out of 120 possible points) on his math tests. But during last semester's final exams,

his math score was only 90 points.

     It was a shock. "I didn't know what happened,"said Lin, who kept feeling nervous and frustrated (沮丧

的)about math during the following month..

     Like Lin, many of us have setbacks (挫折) in life. What would you do to deal with these setbacks?

Would you just let them be and give up?

     Lin chose to face his problem. His parents and teacher also gave him help. After some hard work he now

gets marks between 100 and110 points on his math tests. Although he still isn't at his original (原来的) level,

Lin doesn't panic anymore.

     "Don't be scared by setbacks," he said. "You will beat it."

     Chen Xingzhu in Shenzhen also has a story to tell. The 15-year-old girl is not good at doing sit-ups (仰卧

起坐), which is necessary for the coming high school PE entrance exam (体育中考). One has to do at least

35 sit-ups in a minute to pass the test. Most of Chen's classmates can do 40. However, Chen could only do

20.

     Feeling worried, Chen decided to do something. She did sit-ups for half an hour every day after school.

Now, after a month, she can do 30 sit-ups a minute.

     "I finally found what made me slow through continuous (持续的) practice and then improved little by

little," said Chen. "I believe next month I will be able to do 40!"

1. What problem did Lin YIjian have recently?

A. He used to get high marks.

B. He did well in math.

C. He did not so well asbofore in math.

D. He had no time to study math.

2. According to the passage, which is NOT true among the following statements?

A. Lin chose to face his problems.

B. His parents and teachers also helped him.

C. After some hard work, he now gets marks over 110 points.

D. Lin faced his problems instead of giving up.

3. What problems does Chen Xingzhu have according to the passage?

A. He is also not good at math.

B. He is also not good at PE.

C. He is also not good at sit-ups.

D. He is also not good at PE entrance exam.

5. How long did Chen do sit-ups every day after school?

A. For an hour.

B. For half and an hour.

C. For many hours.

D. For half an hour.

单项选择题