问题 单项选择题

人民法院审理行政案件过程中,发现地方规章与部门规章不一致时,应当选择下列哪种做法

A.由受理该案的人民法院送请上级人民法院裁决

B.由最高人民法院送请国务院作出解释或者裁决

C.由受理该院法院的上级人民法院送请同级权力机关裁决

D.由受理该案法院的同级权力机关解释或者作出裁决

答案

参考答案:B

解析:[测试点] 行政诉讼案件中的法律适用问题。 《行政诉讼法》第53条第2款规定:“人民法院认为地方人民政府制定、发布的规章与国务院部、委制定、发布的规章不一致的,以及国务院部、委制定、发布的规章之间不一致的,由最高人民法院送请国务院作出解释或者裁决。”据此,法院在审理行政案件过程中,发现地方规章与部门规章不一致时,应报送最高人民法院,由最高人民法院送请国务院作出解释或裁决,B正确。

阅读理解

①"I will think of it." It is easy to say this, but do you know what great things have come from thinking? Though we can not see, or hear, or feel our thoughts, they have great power (力量) !

②Isaac Newton was seated in his garden on a summer evening when he saw an apple fall from a tree. He began to think, and tried to find out why the apple fell. Then he discovered how the earth, sun, moon, and stars are kept in their places.

③James Ferguson once saw the inside of his father's watch, and he wondered, "Why should I not make a watch?" This set him thinking and it led to a wooden clock which kept good time.

④Walt Disney, the famous American film-maker, was often thinking of new ideas. One day, when he was in a meeting, he suddenly stopped talking, deep in thought. He looked and looked at a place high up in the room. This continued for a long time, end then he got an idea for a new cartoon.

⑤Ideas come at any time, end the important thing is to think. When you meet with any difficulty, don't lose heart. Try to think of it before asking someone to help you. Think and by thinking you will learn how to think creatively.

小题1:Newton wanted to find out ________.

A.when the apple hit him

B.why the apple fell

C.who made the apple fall

D.where the apple fell小题2:________ made a wooden clock.

A.Isaac Newton

B.Walt Disney

C.James Ferguson

D.James' father小题3:Walt Disney was ________ when he got an idea for a new cartoon.

A.making a film

B.telling a story

C.having a meeting

D.sitting in a garden小题4:From the passage we can learn that

A.we should always ask others for help

B.every one of us likes thinking

C.it is easy to see and hear our thoughts

D.thinking helps to get new ideas小题5:Which of the following shows the structure (结构) of the passage?

(①="Paragraph" 1, ②=" Paragraph" 2, …)

填空题