问题 单项选择题

王某打架斗殴,公安机关依据《中华人民共和国治安管理处罚条例》的规定对其罚款50元,这种处罚属于

A.刑事制裁

B.行政制裁

C.违宪制裁

D.民事制裁

答案

参考答案:B

解析:本题考查的知识点是:法律制裁的分类和具体内涵。法律制裁是由特定国家机关对违法者依其法律责任实施的强制性惩罚措施,分为刑事制裁、行政制裁、违宪制裁、民事制裁。刑事制裁是司法机关对于犯罪者根据其刑事责任所确立并实施的强制性惩罚措施。民事制裁是由人民法院所确定并实施的,对民事责任主体给予的强制性惩罚措施。行政制裁是指国家行政机关对违法者依其行政责任所实施的强制性惩罚措施。违宪制裁是根据宪法的特殊规定对违宪行为实施的一种强制措施,其形式主要有撤销同宪法相抵触的法律、行政法规、地方性法规,罢免国家机关领导成员等。该题中王某的行为是一般的违法行为,尚不构成刑事违法,公安机关是国家行政机关,行使的是行政执法职能,其罚款行为是行政处罚,属于行政制裁。

阅读理解

阅读理解。

     A ban on smoking in public places has come into force in China-home to a third of the world's smokers.

     The move is aimed at controlling the number of deaths from smoking-related diseases, running at a million

a year.

     But the rules have been criticized, because they do not include punishments for those who choose to ignore

them.

     Many business owners hate rules that force them to ban smoking on their premises (经营场所) because

many customers do not like the rules and complain.

     The rules do not allow smoking in places like restaurants, hotels, railway stations or theatres, but not at the

office.

     Employers have a duty to warn staff off the dangers of smoking but do not have to forbid them from

lighting up at their desks.

     Shanghai introduced similar rules a year ago, but people do not seem to take much notice of them. Often

you find people smoking at the next table while you are eating your meal or having a drink in a bar. The

problem is that the rules do not include punishments for businesses or individuals who ignore them.

     It appears that many Chinese people are unaware of the dangers of smoking. Research suggests that only

one in four knows the harm cigarettes of second-hand smoke can cause.

     Officials say they have to try to persuade people not to smoke to reduce the numbers dying from

smoking-related diseases.

     At the same time the government makes a lot of money from the sales of cigarettes by the state-owned firm

that makes and sells all tobacco products throughout the country.

1. The number of smokers in China makes up about ______ of the world's smokers.

A. 66%

B. 44%

C. 33%

D. 55%

2. We can replace the underlined part in the passage with ______.

A. are concerned about

B. are curious about

C. don't know

D. don't care

3. Why have the rules been criticized by some people?

A. Because those people don't want to be punished.

B. Because they do not include punishments for those who choose to ignore the rules.

C. Because the rules are ignored by all the people who smoke.

D. Because nobody takes notice of the rules.

4. If the government wants to ban smoking in public places, ______.

A. only rely on educating people

B. take more effective measures

C. do punish those who ignore the rules

D. let people know more about the dangers of smoking

单项选择题