问题 单项选择题

依据我国行政诉讼法的规定,属于人民法院应当裁定不予受理或者裁定驳回起诉的情形是( )。

A.被诉具体行政行为存在合理性问题的

B.被诉具体行政行为合法,但因法律、政策变化需要变更或废止的

C.起诉人错列被告的

D.请求事项不属于行政审判权限范围的

答案

参考答案:D

解析:[考点] 行政诉讼的案件受理 《行诉解释》第44条规定,有下列情形之一的,应当裁定不予受理;已经受理的,裁定驳回起诉:(1)请求事项不屈于行政审判权限范围的; (2)起诉人无原告诉讼主体资格的;(3)起诉人错列被告且拒绝变更的;(4)法律规定必须由法定或者指定代理人、代表人为诉讼行为,未由法定或者指定代理人、代表人为诉讼行为的;(5)由诉讼代理人代为起诉,其代理不符合法定要求的;(6)起诉超过法定期限且无正当理由的;(7)法律,法规规定行政复议为提起诉讼必经程序而未申请复议的;(8)起诉人重复起诉的;(9)已撤回起诉,尤正当理由再行起诉的;(10)诉讼标的为生效判决的效力所羁束的; (11)起诉不具备其他法定要件的。前款所列情形可以补正或者更正的,人民法院应当指定期间责令补正或者更正;在指定期间已经补正或者更正的,应当依法受理。据此,选项D为正确答案。

阅读理解

B

Do you have a sore throat, a running nose and a headache? Do you keep coughing and sneezing? If you do, the chances are that you have a cold or perhaps flu — but which one? Although both colds and flu are caused by viruses, they are very different illnesses.

Colds, which usually last about a week, affect the nose most. They commonly cause a running nose and sneezing. Sometimes, they cause a headache, a cough and slightly aching muscles.

Flu is a much more serious illness and is caused by different group of viruses. People with flu usually get all the symptoms described above. However, they also get a high fever, a dry cough and much worse aching. Fever is one of the characteristic symptoms of the flu for all ages. The symptoms also last much longer. Sometimes they don’t disappear for at least two weeks.

Flu can be a deadly disease. The elderly, who are weaker and less healthy than most younger people, can die from flu. This is one reason why old people are advised to have a flu injection (预防针) before the start of winter when flu is most common. This injection is inexpensive and definitely worth it.

If you have a cold or flu, you must always deal with used tissues (纸巾)carefully. Don’t leave dirty tissues on your desk or on the floor. Someone else has to pick these up and viruses could be passed on. And finally, remember to cover your nose and mouth when you sneeze! You don’t want to see the small drop of liquids blown out of your nose and mouth when you sneeze, do you? Disgusting, eh? Now you can understand why it’s a good idea to cover your nose and mouth when you sneeze!

60. According to the passage, people with colds hardly get _______.

A. a headache               B. a high fever                     C. a running nose          D. aching muscles

61. In paragraph 4, we learn that _______.

A. flu injection can cause death                                 B. most old people die from flu

C. flu is most common in summer                             D. flu can kill old people easily

62. Dealing with used tissues properly is important because _______.

A. it helps keep your classroom tidy                          B. people hate picking up dirty tissues

C. it prevents the spread of colds and flu                       D. picking up lots of tissues is hard work

63. Which of the following statements is true according to the passage?

A. Both colds and flu last the same time.                  

B. Both colds and flu can be prevented by injection.

C. Both colds and flu are caused by the same viruses. 

D. Both colds and flu have an aching symptom.

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