问题 单项选择题

下列由被告(被申请人)负举证责任的是( )。

A.行政诉讼中,证明与被诉具体行政行为有利害关系

B.民事诉讼中,对原告提出建筑物发生倒塌致人损害的侵权事实,被告给予否认的

C.行政赔偿诉讼中,证明所受损害的事实

D.行政复议中,认为行政机关不履行法定职责,证明曾经要求行政机关履行法定职责而该机关未履行的

答案

参考答案:B

解析:
《最高人民法院关于民事诉讼证据的若干规定》第4条规定:“建筑物或者其他设施以及建筑物上的搁置物、悬挂物发生倒塌、脱落、坠落致人损害的侵权诉讼,由所有人或者管理人对其无过错承担举证责任。”即应由被告(被申请人)负举证责任,B项正确。另外,《最高人民法院关于执<中华人民共和国行政诉讼法>若干问题的解释》第27条规定:“原告对下列问题承担举证责任:(一)证明起诉符合法定条件,但被告认为原告起诉超过起诉期限的除外;(二)在起诉被告不作为的案件中,证明其提出申请的事实;(三)在一并提起的行政赔偿诉讼中,证明因受被诉行为侵害而造成损失的事实;(四)其他应当由原告承担举证责任的事项。”由此可知A、C、D项均在原告举证的范围之内,所以选择B选项。

单项选择题

Questions 52 to 56 are based on the following passage.
Good jobs are scarce these days, with roughly 15 million Americans out of work and a national unemployment rate of 10 percent. President Obama tried to address the jobs crisis in his State of the Union by proposing a $ 33 billion tax credit for small businesses to hire new workers and by calling unemployment the most pressing item on his schedule.
Apart from the federal government’s response to the jobs crisis, economists predict that certain industries such as health care, green technology, education and government, will grow in the coming years. Each week we search several job board--including Indeed, Vault and Yahoo to help us track the best job listings with salaries of $100 000 or more. For this week’s picks, we’ve presented jobs in new emerging fields:
The first one is Wind Energy Sales Director. Are you fascinated by the sight of wind power generator, or simply committed to conserving energy SKP USA, a Pennsylvania-based company that manufactures, sells, and maintains wind power generators, is looking for a senior-level sales executive with an MBA and an engineering background. Pros (优点): You’d get the chance to work on a wide range of renewable energy projects, including solar and tidal. Cons (缺点): The job would require the candidate to travel about 70 percent of the time, both home and abroad.
The second position is Sustainability Director. AECOM offers design, planning, engineering, and consulting services for urban design, city planning, environmental performance, and policy projects. Newsweek ranked AECOM one of the top 500 greenest companies in 2009. This position in D.C. oversees climate change and sustainability projects for clients that include federal, state, and city governments. Pros: The company has offices in 100 countries. Cons: Enthusiasm is not enough. They want to hire a self-promoter with published articles and a great speaker.
The third recommended position is Response Management Specialist. Don’t let this funny job title fool you. This position for the Defense Intelligence Agency. a support agency for the Department of Defense, involves mapping out how the agency is going to respond to disasters, including chemical or nuclear threats. Pros: As a federal employee, you’d get a pension and excellent benefits. Cons: You have to be willing to undergo a thorough background check.
The fourth position is Government Contract Manager. Somebody needs to track all of the money that governments and corporations spend on various contracts, enter the contract manager. This candidate needs to be organized, diplomatic, and analytical enough to recognize problems before they arise. Pros: You can be based in Washington, D.C., Reston, Va., San Diego, or Los Angeles. Cons: You need a minimum of six years of contract-management experience and must be willing to travel 50 percent of the time.

President Obama claimed the first problem he should handle is unemployment in order to ______.

A.draw attention to job crisis

B.get supports for the tax credit for small business

C.prove that his schedule was very busy

D.get new. better workers into small business

问答题 简答题