问题 问答题

案情:吴某在经过A地时被A地国家税务局,以违反税收征收管理法有关规定为由,扣留人身24小时。经查明,王某在6年前确实有过违反税收征收管理法行为。吴某被解除人身扣留后,回住所地B市,吴某不服A地国家税务局的人身扣留欲向法院起诉。 问题:

如果经复议机关复议维持了原具体行政行为,而经人民法院审理,确认该行为违法,其是否可以就该行为提起国家赔偿请求赔偿义务机关是谁

答案

参考答案:吴某有权要求国家赔偿,赔偿义务机关应当是A地国家税务局。

解析:本题法条依据在于《国家赔偿法》第3条:行政机关及其工作人员在行使行政职权时有下列侵犯人身权情形之一的,受害人有取得赔偿的权利:  (1) 违法拘留或者违法采取限制公民人身自由的行政强制措施的;  (2) 非法拘禁或者以其他方法非法剥夺公民人身自由的;  (3) 以殴打等暴力行为或者唆使他人以殴打等暴力行为造成公民身体伤害或者死亡的;  (4) 违法使用武器、警械造成公民身体伤害或者死亡的;  (5) 造成公民身体伤害或者死亡的其他违法行为。  第7条:行政机关及其工作人员行使行政职权侵犯公民、法人和其他组织的合法权益造成损害的,该行政机关为赔偿义务机关。  两个以上行政机关共同行使行政职权时侵犯公民、法人和其他组织的合法权益造成损害的,共同行使行政职权的行政机关为共同赔偿义务机关。  法律、法规授权的组织在行使授予的行 * * 力时侵犯公民、法人和其他组织的合法权益造成损害的,被授权的组织为赔偿义务机关。  受行政机关委托的组织或者个人在行使受委托的行 * * 力时侵犯公民、法人和其他组织的合法权益造成损害的,委托的行政机关为赔偿义务机关。  赔偿义务机关被撤销的,继续行使其职权的行政机关为赔偿义务机关;没有继续行使其职权的行政机关的,撤销该赔偿义务机关的行政机关为赔偿义务机关。  第8条:经复议机关复议的,最初造成侵权行为的行政机关为赔偿义务机关,但复议机关的复议决定加重损害的,复议机关对加重的部分履行赔偿义务。  题中,A地国家税务局对吴某的限制人身自由的具体行政行为已经由人民法院确认为违法,按照第3条第2项的规定,应当属于行政赔偿的范围,因而吴某有权要求国家赔偿。而该侵犯吴某人身自由的具体行政行为是A地国家税务局作出,复议机关也没有加重侵权行为,A地国家税务局为赔偿义务机关。

单项选择题
阅读理解

阅读理解。

     Advertising informs consumers about new products available on the market. It gives us information

about everything from shampoo to tooth-paste to computers and cars. But there is one series problem

with this. The "information" is actually very often "misinformation". It tells us the products, benefits but

hides their disadvantages. Advertising not only leads us to buy things that we don't need and can't afford,

but it also confuses our sense of reality.

     Advertisers use many methods to get us to buy their products. One of their most successful methods

is to make us feel dissatisfied with ourselves and our imperfect lives. Advertisements show us who we

aren't and what we don't have. "Why don't I have any dates (约会)?" a good-looking girl sadly asks in a

commercial. "Here," replies her roommate, "Try Zoom tooth-paste!" Of course she tried it, and immediately

the whole football team falls in love with her. "That's a stupid commercial," we might say. But we still buy

Zoom tooth-paste out of fear of being unpopular and having no friends.

     If fear is the negative motive (动机) for buying a product, then wanting a good self-image is the positive

reason for choosing it. Each of us has a mental picture of the kind of person we would like to be. For

example, a modern young woman might like to think that she looks like a beautiful movie star. A middle-aged

man might want to see himself as a strong, attractive athlete. Advertisers know this. They write specific ads

to make certain groups of people choose their products.

     Advertisers get psychologists to study the way consumers think and their reasons for choosing one brand

instead of another. These experts tell advertisers about the motives of fear and self-image. They also inform

them about recent studies with colors and words. They have found that certain colors on the package of an

attractive product will cause people to reach out and take that package instead of buying an identical (同一的、

相等的) product with different colors.

     Many people believe that advertising does not affect them. They like to think they make wise choices.

Unfortunately, they probably don't realize the powerful effect of advertising. They may not clearly understand

that advertisers spend billions of dollars each year in aggressive (强有力的) competition for our money, and

they are extremely successful.

1. Advertising _____. [ ]

A. gives us valuable information about new products

B. misinforms us

C. doesn't influence us very much

D. doesn't always tell us everything about a product

2. "A modern young woman might like to think that she looks like a beautiful movie star" That means _____. [ ]

A. a modern young woman wants to be as attractive as possible

B. every modern young woman wants to act in movies

C. most modern women think that they are beautiful

D. modern woman are not always satisfied with themselves

3. Advertisers _____ to make us buy their products. [ ]

A. offer very low prices

B. get information from psychologists

C. use similar method

D. need to use better detergent (洗涤剂) and shampoo

4. Psychologists tell advertisers _____. [ ]

A. which brands of tooth-paste to produce

B. to stop influencing shoppers

C. about people's motives for buying

D. how much money to spend on television