问题 单项选择题

2003年朱某获得县工商局颁发的营业执照,在老街附近开了一家字号为“老街包子”的小吃店,生意很火。一直到2007年,老街整修,并根据该县城市规划,朱某的小吃店必须搬迁。于是朱某将小吃店搬到离老街稍远的一个地方,仍然挂着“老街包子”的牌子。在朱某的小吃店营业执照期限即将届满时,朱某依法申请延续该执照许可。县工商局经审查认为其符合延续许可的条件,但是认为该店已经搬离老街,故没有批准其继续使用“老街包子”的字号。根据《行政许可法》,下面说法正确的是哪项

A.县工商局的做法虽然不合理,但在其自由裁量权之内

B.朱某只需向县工商局申请营业执照的延续,字号无须工商局批准

C.朱某小吃店字号须经县工商局批准,但工商局不予批准的理由不成立

D.县工商局的行为完全合法

答案

参考答案:C

解析:[考点] 行政许可原则 依《行政许可法》第4条规定了行政许可的“许可法定和依法许可”原则,该原则要求行政机关在行政许可时,必须按照法律明确规定的事项依法审查相对人的申请是否符合条件,而不能以法律之外的理由否定相对人的申请。本案中,县工商局有权审批该饭店的字号,但是不予批准的理由并非法定,故不成立。因此,本题应选C项。

选择题
问答题

Once a circle missed a wedge. The circle wanted to be whole, so it went around looking for its missing piece. But because it was incomplete and therefore could roll only very slowly, it admired the flowers along the way. It chatted with worms. It enjoyed the sunshine. It found lots of different pieces, but none of them fit. So it left them all by the side of the road and kept on searching. Then one day the circle found a piece that fit perfectly. It was so happy. Now it could be whole, with nothing missing. It incorporated the missing piece into itself and began to roll. Now that it was a perfect circle, it could roll very fast, too fast to notice flowers or talk to the worms. (46) When it realized how different the world seemed when it rolled so quickly, it stopped, left its found piece by the side of the road and rolled slowly away.

(47) The lesson of the story, I suggested, was that in some strange sense we are more whole when we are missing something. The man who has everything is in some ways a poor man. He will never know what it feels like to yearn, to hope, to nourish his soul with the dream of something better. He will never know the experience of having someone who loves him give him something he has always wanted or never had.

(48) There is a wholeness about the person who has crone to terms with his limitations, who has been brave enough to let go of his unrealistic dreams and not feel like a failure for doing so. There is a wholeness about the man or woman who has learned that he or she is p enough to go through a tragedy and survive, she can lose someone and still feel like a complete person. Life is not a trap set for us by God so that he can condemn us for failing. Life is not a spelling bee, where no matter how many words you’ve gotten right; you’re disqualified if you make one mistake. (49) Life is more like a baseball season, where even the best team loses one third of its games and even the worst team has its days of brilliance. Our goal is to win more games than we lose.

When we accept that imperfection is part of being human, and when we can continue rolling through life and appreciate it, we will have achieved a wholeness that others can only aspire to. (50) That, I believe, is what God asks of us—not "Be perfect", not "Don’t even make a mistake", but "Be whole."

(50) That, I believe, is what God asks of us—not "Be perfect", not "Don’t even make a mistake", but "Be whole."