问题 问答题

赵某接到某市政府劳动教养管理委员会的劳动教养决定书后,立即提出复议申请。但该市劳动教养管理委员会在长达四个月的时间未对赵某的申请进行复议。

问:赵某是否可以向法院提起行政诉讼并说明理由。

答案

参考答案:

根据我国《行政诉讼法》的规定,不服劳动教养处理决定的行政案件,属于人民法院的受案范围。若公民、法人或者其他组织对行政机关作出的处理决定不服,除法律、法规规定应当先向行政机关申请复议,对复议不服再向法院起诉的外,既可以先向上一级行政机关或法律、法规规定的行政机关申请复议,对复议不服的再向法院起诉,也可以直接起诉。另外还规定,除法律、法规另有规定外,公民、法人或者其他组织向行政机关申请复议的,复议机关应当在收到申请书之日起两个月内作出决定。申请人不服复议决定的,可以在收到复议决定书之日起15日内向法院起诉。复议机关逾期不作决定的,申请人可以在复议期满之日起15日内向法院起诉。在本案中,赵某先向劳动教养管理委员会申请复议,而未直接向法院起诉。行政复议的期限应为两个月,但在此期限内,劳动教养管理委员会未对赵某的复议申请进行复议,那么,赵某就应当在复议期满之日起15日内向法院起诉,现在赵某的起诉期限已过,赵也就丧失了起诉权,所以法院对此案将不予受理。如果赵某认为劳动教养管理委员会所作出的决定确有错误,可以向有关的劳动教养管理委员会或其上级机关申诉。

完形填空
A few years ago, I worked a 12-hour night shift(夜班) and got home from work.
I was on my way back home and was very tired. I      at a restaurant to have breakfast. Right after I placed my order, I saw a man come in. He was carrying a small backpack and looked like he had seen better times. He reached in his pocket and pulled out some    . He asked the waitress if 38 cents was       to buy a cup of coffee. She looked at his backpack and said, “   . Have a seat.” (Coffee was 50 cents a cup at the time.) It really touched me how she had tried to protect his pride and how he hadn’t asked for any charity.
Shortly before my      came, I asked the waitress to come over. I said, “You know, I am not feeling well. I don’t think I am going to be able to eat my breakfast. Do you think there is        here who might eat it?” She first asked if I was OK and then she     . She said, “I think so. Are you sure?” I told her that I was sure.
She then walked over to the gentleman and told him that I had ordered food and it was too     to stop the order but I didn’t feel like eating. Would he be so kind as to take it       they wouldn’t have to throw it away? I had walked to the cash register(收银台) and was paying for the meal. At the cash register, I asked if they had gift cards. They did. I bought one      $25.00 and asked them to give it to the gentleman after I left.
小题1:
A.lookedB.stoodC.waitedD.stopped
小题2:
A.notesB.ticketsC.changeD.paper
小题3:
A.enoughB.shortC.goodD.able
小题4:
A.Not reallyB.Never mindC.With pleasureD.Of course
小题5:
A.menuB.foodC.coffeeD.bill
小题6:
A.anyoneB.everyoneC.someoneD.no one
小题7:
A.acceptedB.refusedC.understoodD.left
小题8:
A.earlyB.lateC.slowD.quick
小题9:
A.becauseB.ifC.so thatD.unless
小题10:
A.atB.forC.withD.by
单项选择题