问题 多项选择题


(一)
A市张某,在B市办公,某天到C市购货,因质量问题,张某拒绝支付全部货款,双方发生纠纷后货主即向公安机关告发。C市公安机关遂以诈骗嫌疑将张某已购货物扣留,并对张某采取留置盘问审杏措施。两天后释放了张某,但并未返还所扣财物。张某提起了行政诉讼。
人民法院审理案件过程中,张某在未经法庭许可的情况下,中途突然退庭,法院作出了缺席判决。C市公安机关拒绝履行已经生效的判决,不归还扣押的货物。

对此案有管辖权的法院是( )。

A.C市基层人民法院

B.C市中级人民法院

C.A市基层人民法院

D.A市中级人民法院

E.B市基层人民法院

答案

参考答案:A,C

解析: 本题考查的是行政诉讼的地域管辖和级别管辖。张某的诉讼并非法律和司法解释所界定的“本辖区内重大、复杂的案件”,所以应为基层人民法院管辖,从而可以排除BD两个选项。对限制人身自由的行政强制措施不服提起诉讼的,由被告所在地或者原告所在地人民法院管辖。原告所在地是指原告的户籍所在地、经常居住地和被限制人身自由地。C市公安机关对张某采取了留置盘问审查措施,属于限制人身自由了,C市是被限制人身自由地且是公安机关所在地,A市是张某户籍所在地或者经常居住地,因此两市的基层人民法院都有权管辖,B市只是张某的单位所在地,并不在原告所在地的范畴内,因此本题答案为AC。

完形填空

根据短文内容,从短文后的选项中选出能填入空白处的最佳选项,选项中有两项为多余选项。

When I walked into the house after school, the first thing I noticed was a box with items I recognized from my dad’s office. When he told me that he was laid off, I thought he was joking. Then I noticed his seriousness and realized he was telling the truth. My father has always been a hard worker. He has prided himself on his career. 小题1: I guess I had taken his work for granted.

   小题2:  For starters, he was home all the time. It meant my bed had to be made, my room cleaned up, and my homework done right after school. I would come home every day to find him at the computer searching for jobs.小题3:  He seemed down, though he tried to be optimistic. He asked my brother and me to spend less. I gave up my spending money, which wasn't much. I also found a part-time job.

   小题4: He explained that he never wanted to be laid off again, so he was going to start his own business. Day by day, I watched him build it. One evening I asked if he needed help. “Only if it doesn't affect school,” he said. I showed up at his office the next afternoon, and most afternoons after that for two months.

   小题5:  The terrible experience for our family taught me how to deal with difficulties. Now I know that through creative problem-solving, I can always find Plan B. I can ask for help and take risks. What I have learned from my dad’s understanding of business and his work ethic(信条)are two of the most important lessons I will ever learn. And they will be my principles for success.

A. Providing for our family has been his joy.

B. I made every effort to solve his problems.

C. I began to notice how losing his job had affected him.

D. My father's unemployment created many changes in our lives.

E. After months of searching, my dad decided to go in a totally different direction.

F. His courage and determination helped him to become successful in his new career.

G. I always knew he was a hard worker, but watching him in action influenced me a lot.

名词解释