问题 单项选择题

人民法院审理行政案件时,应当对下列哪项进行审查

A.具体行政行为的合法性

B.具体行政行为的合法性与合理性

C.具体行政行为与抽象行政行为的合法性

D.具体行政行为与抽象行政行为的合法性与合理性

答案

参考答案:A

解析:理由:本题考查行政诉讼的具体行政行为合法性审查原则。  《行政诉讼法》第5条规定:“人民法院审理行政案件,对具体行政行为是否合法进行审查。”这条规定体现了行政诉讼的具体行政行为合法性审查原则。与刑事诉讼和民事诉讼相比,这一原则是行政诉讼中特有的,最反映行政诉讼的精神与价值取向的基本原则。该原则的含义有两层:(1)合法性审查的对象是具体行政行为。(2)合法性审查的深度仅限于具体行政行为的合法性,而不能及于其合理性。有观点认为人民法院以审查具体行政行为的合法性为原则,以审查具体行政行为的合理性为例外,因为人民法院法院对于显失公正的行政处罚行为可以适用变更判决。也有观点认为这并不意味着人民法院在例外情况下也可以审查具体行政行为的合理性,因为显失公正的处罚已经不再是一个不合理的行政行为,而是一个不合法的行政行为。但不管采哪种观点,本题都只能选A,因为即使可以审查具体行政行为的合理性,也只是一个特殊情况下的例外。

阅读理解

            Being the head of a high school for many years, I grew tired of budget meetings, fundingcuts, and many other administrative chores and started to dream of retirement.Sitting in trafficon a weekday morning, I would find my mind wandering.I would imagine spending time withmy grandchildren, quiet evenings with my wife, traveling, or rediscovering some great books.Itold myself that I wouldn't sign myself up for any committees, any classes, or anythingrequiring a schedule.

My first day of retirement came at last! I cooked a great breakfast for my wife and me,leisurely read the paper, cleaned a bit of the house, and wrote a few letters to friends.On thesecond day, I cooked breakfast, read the paper …On the third day, ...This is retirement? Itried to tell myself that it was just the transition, that those golden moments were right roundthe corner, and that I would enjoy them soon enough.But something was missing.

A former colleague asked a favor.A group of students was going to Jamaica to work withchildren in the poorest neighbourhood.Would I interrupt my newfound "happiness" and returnto the students, just this once? One trip.That's all.My bags were packed and by the door.

The trip was very inspiring.I was moved not only by the poverty I saw but also by thesense of responsibility of the young people on the trip.When I returned home, I offered to workone day a week with a local youth organization.The experience was so positive that I was soonvolunteering nearly full-time, working with students across North America to assist them intheir voluntary work.

Now,it seems, the tables have turned .Some days I am the teacher, other days I am thestudent.These young people have reawakened my commitment to social justice issues bychallenging me to learn more about the situation in the world today, where people are still poorand suffer because of greed, corruption and war.Most importantly, they have given me theopportunity to continue to participate in helping to find solutions.In return, I help them do theircharitable projects overseas.I've gone from running one school to helping oversee theconstruction of schools in twenty-one countries!

小题1:What did the writer expect to do after he retired?

A.To stay away from busy schedules.

B.To write some great books.

C.To do some voluntary work.

D.To plan for his future.小题2:Why did the writer decide to go to Jamaica?

A.He missed his students in that country.

B.He couldn't reflise his colleague's favor.

C.He was concerned about the people there.

D.He was not satisfied with his retired life.小题3:The underlined part "the tables have turned" (Paragraph 5 ) means that thewriter  

A.improved the situation in his school

B.felt happy to work with students again

C.became a learner rather than a teacher

D.changed his attitude toward his retired life小题4:What does the writer think of his retired life now?

A.Disappointing.

B.Troublesome.

C.Promising.

D.Meaningful.

单项选择题