关于行政诉讼证据，下列哪些说法是正确的
A．人民法院依职权调取的证据，由法庭出示，并可就调取该证据的情况进行说明，听取当事人意见
B．涉及商业秘密的证据，不得在开庭时公开质证
C．在第二审程序中，对第一审认定的证据，既使当事人有争议，法庭也不再进行质证
D．原告确有证据证明被告持有的证据对原告有利，被告无正当事由拒不提供的，可以推定原告的主张成立
参考答案：A,B,D
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| When I entered Berkeley, I hoped to earn scholarship. Having been a Straight-A student, I believed I could 1 tough subjects and really learn something. One such course was World Literature given by Professor Jayne. I was extremely interested in the ideas he 2 in class. When I took the first exam, I was 3 to find a 77, C-plus, on my test paper, 4 English was my best subject. I went to Professor Jayne, who listened to my arguments but remained 5 . I decided to try harder, although I didn't know what that 6 because school had always been easy for me. I read the books more carefully, but got another 77. Again, I 7 with Professor Jayne. Again, he listened patiently but wouldn't change his 8 . One more test before the final exam. One more 9 to improve my grade. So I redoubled my efforts and, for the first time 10 the meaning of the word "thorough". But my 11 did no good and everything 12 as before. The last hurdle (障碍) was the final. No matter what 13 I got, it wouldn't cancel three C-pluses. I might as well kiss the 14 goodbye. I stopped working hard. I felt I knew the course material as well as I ever would. The night before the final, I even 15 myself to a movie. The next day I decided for once I'd have 16 with a test. A week later, I was surprised to find I got an A. I hurried into Professor Jayne's office. He 17 to be expecting me. "If I gave you the A's you 18 , you wouldn't continue to work as hard." I stared at him, 19 that his analysis and strategy (策略) were correct. I had worked my head 20 , as I had never done before. I was speechless when my course grade arrived: A-plus. It was the only A-plus given. The next year I received my scholarship. I've always remembered Professor Jayne's lesson: you alone must set your own standard of excellence. | ||||
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