问题 单项选择题

A县乡镇企业局与B市公安局一同到吉林省购买木材。木材运回后,暂时存放在A县乡镇企业局院内。后A县乡镇企业局未与B市公安局商量,擅自将属于公安局的80立方米木材变卖。后公安局多次向A县乡镇企业局索要变卖货款均未果。为要回货款,公安局于2004年5月18日将到B市出差的A县乡镇企业局工作人员乘坐的轿车扣留,并发给工作人员一份交通违章处罚通知书。A县乡镇企业局对此处罚决定不服,诉至法院。就此案而言,人民法院受理本案后对公安局的具体行政行为作出的处理正确的是:( )。

A.判决维持
B.判决撤销
C.判决其在一定期限内履行
D.判决变更行政处罚

答案

参考答案:B

解析:[考点] 行政诉讼判决的种类
[详解] 根据《行政诉讼法》第54条第 (二)项的规定,本案属于明显滥用职权的行为,应予撤销。该法同条第(四)项规定“行政处罚显失公正的,可以判决变更”。必须注意此项与第(二)项规定的关系。行政诉讼一般只对行政行为的合法性进行审查,但“行政处罚显失公正的,可以判决变更”是对行政处罚这一特殊的具体行政行为的合理性进行审查。对合理性进行审查的基础是该行政处罚是合法的,如果该行政处罚是违法的,也就没有进行合理性审查的必要。该案中,行政处罚明显违法,属于“滥用职权”,按照《行政诉讼法》第54条第(二)项的规定,应判决撤销,故B项正确D项错误。根据同法第 (三)项之规定,“被告不履行或者拖延履行法定职责的,判决其在一定期限内履行。”一般适用于行政主体的消极不作为,故C项不应选。

单项选择题
阅读理解

阅读理解。

     On Saturday nights, A.J. Coston doesn't get a lot of sleep. Usually three or four times a night, a loud bell

rings, a red light flashes, and he has to jump out of his bed. That's because he's a weekend volunteer firefighter

with Loudoun County Fire and Rescue Station 13 in Northern Virginia. During the week, he lives at home with

his mom, dad and sister and does his main job which is going to high school.

     "I always wanted to get into firefighting since I was a little kid watching fire trucks go by," he says. "One

day on the Internet I noticed that Loudoun County offered a junior firefighter program." He was only 16, but

he got it.

     Fighting fires is dangerous work. Firefighters never stop practicing the skills they need to stay safe. Once

Coston learned those skills, he was allowed to work inside burning buildings.

     "Teamwork is most important," he says. "It's the whole team that puts the fire out."

     Firefighters feel great about helping people. "My most unbelievable call was probably the time four kids

were struck by lightning," says Coston. He will be off to college next fall, building on his dream job. "I'll get

my degree in emergency medical care. and then work in a fire and rescue company for a while. I want to be

a flight doctor on a helicopter in the end, but I will never forget the days as a firefighter. These are my

unforgettable experiences," he says.

1. Coston can't sleep well on Saturday nights because _____. [ ]

A. he has to work part-time at weekends

B. he has some sleeping problems

C. he has to do his job as a volunteer firefighter

D. he always worries that there may be a fire

2. What do we learn about Coston from the passage?[ ]

A. He doesn't like studying at school.

B. He will go to college next year.

C. He dreams to be a great hero one day.

D. He is only sixteen years old.

3. In Coston's opinion, what is the key thing in putting out a fire? [ ]

A. Skills.

B. Teamwork.

C. Courage.

D. Equipment.

4. All of the following are true EXCEPT that _____. [ ]

A. Coston wanted to be a firefighter when he was a kid

B. Coston tried several times before he became a volunteer firefighter

C. firefighters feel proud that they can help people

D. firefighters have to practice skills all the time to stay safe

5. What does the underlined part "dream job" in the last paragraph refer to?[ ]

A. Being a firefighter.

B. Being a volunteer in a fire and rescue company.

C. Being a flight doctor on a helicopter.

D. Working in a hospital.