问题 单项选择题

以下关于行政诉讼被告的认定错误的是:

A.行政机关组建并赋予行政管理职能但不具有独立承担法律责任能力的机构,以自己的名义作出具体行政行为,当事人不服提起诉讼的,应以组建该机构的行政机关为被告

B.行政机关的内设机构在没有法律、法规或规章授权的情况下,以自己的名义作出具体行政行为,当事人不服提起诉讼,应以该行政机关为被告

C.行政机关的派出机构在没有法律、法规或规章授权的情况下,以自己的名义作出具体行政行为,当事人不服提起诉讼,应以该派出机关为被告

D.法律、法规或规章授权行使行政职权的行政机关内设机构、派出机构或其他组织,超出法定授权范围实施行政行为,当事人不服提起诉讼的,应当以实施该行为的机构、部门或组织为被告

答案

参考答案:C

解析:《行诉解释》第20条规定:“行政机关组建并赋予行政管理职能但不具有独立承担法律责任能力的机构,以自己的名义作出具体行政行为,当事人不服提起诉讼的,应当以组建该机构的行政机关为被告。行政机关的内设机构或者派出机构在没有法律、法规或者规章授权的情况下,以自己的名义作出具体行政行为,当事人不服提起诉讼的,应当以该行政机关为被告。法律、法规或者规章授权行使行政职权的行政机关内设机构、派出机构或者其他组织,超出法定授权范围实施行政行为,当事人不服提起诉讼的,应当以实施该行为的机构或者组织为被告。”据此C项错误,应当选。

阅读理解

Some people have very good memory(记忆力) and they can easily remember quite long texts. There are other people who can only remember things when they have said them again and again. The famous English writer Charles Dickens said that he could walk down any long street in London and then tell you the name of every shop he had passed. Many great men of the world have a wonderful memory.

A good memory is greatly helpful in learning a language. Everybody learns his own language by remembering what he hears when he is a small child, and some children, like the boys and girls who live abroad(国外) with their parents, seem to learn two languages almost as easily as one. In school it is not so easy to learn a second language because the students have so little time for it, and they are very busy with other subjects too.

A man’s mind is like a camera, but it takes photos not only of what we see but also of what we feel, hear, smell and taste. When we take a real photo with a camera, Some people have very good memory(记忆力) and they can easily remember quite long texts.In the same way, there is much work to be done before we can keep a picture forever(永远) in our minds.

Memory is a diary, and we all carry it about us. We keep things we have experienced (经历)in this diary.

小题1:Which of the following is true?

A.Charles Dickens had a good memory because he was a famous writer.

B.People without a good memory cannot be great men of the world.

C.People became great because they have a good memory.

D.Many people may never become great though they have a good memory.小题2:To learn a language well, one must ________.

A.live abroad

B.write it every day

C.often hear it

D.go to school小题3:The writer thinks a camera in one’s mind can take photos of ______.

A.what we see

B.what we feel and hear

C.what we smell and taste

D.what we see, feel, hear, smell and taste小题4:If you have a good memory, ________.

A.you can learn a second language easily

B.you can remember things for ever easily

C.you can learn your own language easily

D.you can remember things better小题5:Which of the following is true?

A.We all keep a diary in our mind.

B.One has to do a lot of work before he can keep a picture in his mind forever.

C.A person with a good memory can remember things forever.

D.A good memory helps to remember everything forever.

单项选择题