问题 多项选择题

区工商管理局对光华制衣厂作出停产停业的行政处罚决定,并立即执行,光华制衣厂向市工商管理局申请复议被维持后,遂向法院提起诉讼。第一审法院判决维持处罚决定,光华制衣厂又提出了上诉。在第二审中请到著名律师,又提出行政赔偿请求,第二审人民法院经审理认定区工商管理局对光华制衣厂作出停产停业的行政处罚属违法,下列对于第二审人民法院应如何处理此案说法错误的有:( )

A.撤销一审判决,并作出撤销行政处罚决定,区工商管理局对光华制衣厂赔偿的判决

B.撤销一审判决,并确认行政处罚决定违法,并就赔偿问题对双方进行调解,调解不成应将全案发回重审

C.撤销一审判决,并确认行政处罚决定违法,并就赔偿问题对双方进行调解,调解不成应将行政赔偿部分回重审

D.判决撤销一审判决,撤销行政处罚决定,并就赔偿问题对双方进行调解,调解不成的,告知光华制衣厂就赔偿问题另行起诉

答案

参考答案:A,B,C

解析:《行诉解释》第71条:原审判决遗漏了必须参加诉讼的当事人或者诉讼请求的,第二审人民法院应当裁定撤销原审判决,发回重审。   原审判决遗漏行政赔偿请求,第二审人民法院经审查认为依法不应当予以赔偿的,应当判决驳回行政赔偿请求。原审判决遗漏行政赔偿请求,第二审人民法院经审理认为依法应当予以赔偿的,在确认被诉具体行政行为违法的同时,可以就行政赔偿问题进行调解;调解不成的,应当就行政赔偿部分发回重审。   当事人在第二审期间提出行政赔偿请求的,第二审人民法院可以进行调解;调解不成的,应当告知当事人另行起诉。因而只有D项的做法是正确的。而ABC的说法都是错误的,应为正确答案。

单项选择题

I will never forget the year I was about twelve years old. My mother told us that we would not be (16) Christmas gifts because there was not enough money. I felt sad and thought, "What would I say when the other kids asked what I’ d (17) " Just when I started to (18) that there would not be a Christmas that year, three women (19) at our house with gifts for all of us. For me they brought a doll. I felt such a sense of (20) that I would no longer have to be embarrassed when I returned to school. I wasn’t (21) . Somebody had thought (22) of me to bring me a gift.

Years later, when I stood in the kitchen of my new house, thinking how I wanted to make my (23) Christmas there special and memorable, I (24) remembered the women’s visit. I decided that I wanted to create that same feeling of (25) for as many children as I could possibly reach.

So I (26) a plan and gathered forty people from my company to help. We gathered about 125 orphans (孤儿) at the Christmas party. For every child, we wrapped colorful packages filled with

toys, clothes, and school supplies, (27) with a child’ s name. We wanted all of them to know they were (28) Before I called out their names and handed them their gifts, I (29) them that they couldn’t open their presents (30) every child had come forward. Finally the (31) they had been waiting for came as I called out, "One, two, three. Open your presents!" As the children opened their packages, their faces beamed and their bright smiles (32) up the room. The (33) in the room was obvious, and (34) wasn’ t just about toys. It was a feeling, and the feeling I knew (35) that Christmas so long ago when the women came to visit. I wasn’t forgotten. Somebody thought of me. I matter.

30().

A. after

B. until

C. when

D. since

单项选择题