问题 多项选择题

某公司就某行政机关对其作出的罚款5000元的行政处罚决定向人民法院起诉。在诉讼中,该行政机关变更了原处罚决定,将罚款数额改为3000元,并书面告知了人民法院,但该公司并未因此而申请撤诉。根据行政诉讼法及相关规定,下列说法哪些是正确的

A.人民法院应当裁定终结诉讼,并告知该公司另行起诉

B.人民法院应当对改变后的行政处罚决定进行审理

C.人民法院应当继续审理原行政处罚决定

D.人民法院应当对改变后的行政处罚决定和原行政处罚决定一并进行审理

答案

参考答案:C

解析: 行政诉讼中被告改变被诉具体行政行为的
《最高人民法院关于执行〈中华人民共和国行政诉讼法〉若干问题的解释》第50条规定:“被告在一审期间改变被诉具体行政行为的,应当书面告知人民法院。原告或者第三人对改变后的行为不服提起诉讼的,人民法院应当就改变后的具体行政行为进行审理。被告改变原具体行政行为,原告不撤诉,人民法院经审查认为原具体行政行为违法的,应当作出确认其违法的判决;认为原具体行政行为合法的,应当判决驳回原告的诉讼请求。原告起诉被告不作为,在诉讼中被告作出具体行政行为,原告不撤诉的,参照上述规定处理。”故选项C正确。

阅读理解

阅读理解。

     It was just three degrees above zero. "That's cold," thought Jane as she got ready to deliver (送) her

morning papers. Jane had 50 customers (订户), and on cold mornings when she couldn't ride her bicycle,

it took her more than an hour to make her rounds.

     As she collected her papers and put them into a big canvas bag, Jane regretted (遗憾) that she hadn't

finished her math homework the night before. There was still time. She'd hurry with the papers and finish

the math before breakfast.

     Less than an hour later Jane was nearly finished. She had only five customers to go. She could then

bead for home to complete her math while her mom made breakfast. As she rounded the corner, she saw

a car in the middle of the street. It was Mr. Zimmerman, the elderly man who walked with a walking stick.

His car was out of gas (汽油).

     "I'd like to help Mr. Zimmerman," thought Jane, "but if I do, I won't have time to do my homework."

She hated to think what Mr. Roberts would say if she hadn't finished her papers.

     "It's his own fault (过错) for running out of gas," Jane talked to herself. "The station is only a half mile

down the street. Surely Mr. Zimmerman can walk that far, even on a cold morning like this … can't he?"

As she walked down the street, Jane wondered what to do.

1. Jane delivers her papers _____.

A. before she goes to school

B. on cold mornings

C. with the help of Mr. Zimmerman's car

D. on the way to school

2. Mr. Zimmerman was old and _____.

A. couldn't drive well

B. would have nobody to help him

C. was not rich enough to buy enough gas

D. was not able to walk a long way

3. The best title for this reading should be _____.

A. Fifty Customers

B. There's No Easy Answer

C. No Time to Finish Homework

D. A Cold Morning for Jane

4. We know from the reading that _____.

A. Jane couldn't find any time to finish her homework

B. it took about an hour for Jane to send the papers

C. Jane would have her breakfast in the school

D. Jane liked to deliver papers on cold mornings

5. The reading doesn't say but we can infer that _____.

A. Jane bought the gas for Mr. Zimmerman

B. usually Jane would deliver papers by bike

C. Mr. Robert didn't' like Jane at school

D. Mr. Zimmerman had to leave the car for Jane

多项选择题 案例分析题