问题 单项选择题

下列关于行政诉讼中的举证责任,理解不正确的是( )。

A.人民法院可责令双方当事人中任何一方负主要举证责任

B.在行政机关不能提供主要证据时,应当径行判其败诉

C.举证责任由被告一方承担

D.被告一方在第一审庭审结束前,不提供或者不能提供作出具体行政行为的主要证据和所依据的规范性文件的,人民法院可以判决撤销被诉具体行政行为

答案

参考答案:A

解析: 在行政诉讼中实行举证责任倒置,由人民法院承担主要的举证责任。

多项选择题
阅读理解

第二节:阅读下列材料, 从所给的六个选项(A、B、C、D、E、和F) 中,选出符合各小题要求的最佳选项,并在答题卡上将该项涂黑。选项中有一项是多余选项。

It was coming up on Mother’s Day, and John usually tried to make it “back home”, but this year he was just too tired. He was in a small town just outside of Little Rock when he drove by a flower shop. He said to himself. “I know what I will do, I’ll send Mom some roses.”

He went into the small shop and saw a young boy talking to the clerk. “How many roses can I get for six dollars, ma’am?” The boy asked. The clerk was trying to explain that roses were expensive. Maybe the young man would be happy with carnations.

“No. I have to have roses,” he said. “My Mom was sick so much last year and I didn’t get to spend much time with her. I want to get something special. It has to be red roses, because that’s her favourite.”

The clerk looked up at John and was just shaking her head. Something inside of John was touched by the boy’s voice. He wanted to get those roses so bad. John had been blessed in his business, and he looked at the clerk and silently mouthed that he would pay for the boy’s roses.

The clerk looked at the young man and said, “Okay, I will give you a dozen red roses for your six dollars.” The young man almost jumped into the air. He took the flowers and ran from the store. It was worth the extra thirty-five dollars just to see that kind of excitement.

John ordered his own flowers and had the clerk to be sure that delivery would include a note telling his mother how much he loved her. As he drove away from the shop, he was feeling very good. He caught a light about two blocks from the shop. As he waited at the light, he saw the young boy walking down the sidewalk. He watched him cross the street and enter a park through two huge gates. Suddenly, he realized it wasn't a park. It was a cemetery(墓地). He saw the young man stop by a small monument and go to his knees. He carefully laid the roses on the grave and began to cry.

As he cried, John heard the young man speak, “Mommy, oh Mommy, why didn’t I tell you how much I love you. Why didn’t I tell you one more time? Jesus, please, find my Mommy. Tell my Mommy I love her."

John turned, tears in his eyes, and walked back to his car. He drove quickly to the flower shop and told her he would take the flowers personally. He wanted to be sure and tell his Mother one more time just how much he loved her.

1. How much money did the young man’s flowers altogether cost?

A. 41 dollars      B. 6 dollars      C. 35 dollars       D.29 dollars 

2. What’s the main reason that John helped the young man pay the roses?

A. Because he had a lot of money.

B. Because they are good friends.

C. Because he was moved by what the young man said.

D. Because he likes to help others.

3. According to the passage, which sentence is true?

A. The young man’s mother has passed away.

B. The young man often tells his mother that he loves her.

C. John often goes home to visit his mother.

D. John doesn’t love his mother.

4. What can we infer from the last paragraph?

A. He will have the flowers delivered to his mother.

B. He will send the flowers to his mother himself.

He decided to buy more flowers.

He will not buy the flowers.