问题 多项选择题

区公安分局以李某教唆他人殴打王某为由对其作出了7天的拘留处罚。李某不服,向市公安局申请复议。市公安局认为李某构成扰乱公共秩序,依《治安管理处罚法》维持了分局的处罚决定。李某不服向法院起诉。下列说法哪些是正确的?()

A.被告为区公安分局,区公安分局所在地的法院有管辖权

B.被告为区公安分局,李某所在地的法院有管辖权

C.被告为市公安局,区公安分局所在地法院有管辖权

D.被告为市公安局,李某所在地的法院有管辖权

答案

参考答案:C, D

解析:本题是综合考查行政诉讼被告和管辖的试题,而管辖又涉及特别地域管辖。经过复议的行政案件,复议机关改变原具体行政行为的,被告应为复议机关。本案中,复议机关虽维持了区公安局对李某的拘留决定,但却改变了原具体行政行为所适用的法律条款依据,且对定性产生了影响,由殴打他人改变为扰乱社会公共秩序,根据《行诉若干解释》第7条的规定,属于复议机关改变原具体行政行为。故AB错误。同时,依据《行政诉讼法》第17条的规定,复议机关改变原具体行政行为的,也可以由复议机关所在地人民法院管辖。本案作出原具体行政行为行政机关所在地人民法院和复议机关所在地人民法院都有管辖权,原告可以选择。同时,由于处罚是行政拘留,是对人身自由的限制,因此,也可以由原告所在地人民法院管辖。

阅读理解

You can easily find that your sister or brother is different from you. You live together in the same house and have the same parents, but you have different personalities(性格).

Why? One possible reason is the way your parents treat you.

Firstborn children receive all the attention from their parents. Generally speaking, a firstborn has twice as many photos as any other child has. Parents usually give firstborns more responsibilities (责任)and depend on them to take care of younger brothers and sisters. As a result, firstborns are often responsible, hard-working, and serious. They often want to do well at school and in work. More firstborns became American Presidents, for example George W.Bush, George Washington and Lyndon Baines Johnson, than second or last-borns.

When a second child arrives, parents are more relaxed. The second child has to compete (竞争)with the first-born for parents’ attention and love. These children often choose different sports and hobbies to develop different personalities. They are often outgoing, but can be jealous and get angry easily.

The youngest child is usually the happiest, and has fewer responsibilities and more freedom(自由的). These children do well at school and in work, but have to be creative(创造性的) to get their family’s attention. They are often friendly and cool. Many famous talk-show hosts were born last.

小题1:The underlined word “jealous” means_______ in Chinese

A. 友好的             B. 嫉妒的            C. 快乐的

小题2:The writer thinks that the second-born children are often ______.

A. outgoing but jealous

B. cool and friendly

C. hard-working and serious

小题3:. ______ is usually the happiest in the family according to the passage.

A. The eldest child

B. The second child

C. The youngest child

小题4: We can learn from the passage that ______.

A. the second child is very similar to the firstborn child

B. brothers and sisters usually have the same personalities

C. more firstborns became American presidents than second or last-borns

小题5: The passage is mainly about ______.

A. birth order and personalities

B. children and their parents

C. different children and different work

单项选择题