问题 单项选择题

某行政案件审理过程中出现的以下情况,哪个应当视为原告撤诉

A.原告经法院合法传唤后拒绝到庭,且没有提出缺席的正当理由

B.在审理过程中,原告因情绪激动而中途退庭

C.原告因家贫未按规定的期限预交案件受理费,但并未提出缓交、减交、免交申请

D.原告申请人民法院全体人员回避

答案

参考答案:C

解析:理由:本题考查视为申请撤诉的情形。  《行政诉讼法》第48条规定:“经人民法院两次合法传唤,原告无正当理由拒不到庭的,视为申请撤诉”。《行政诉讼法解释》第49条规定:“原告或者上诉人经合法传唤,无正当理由拒不到庭或者未经法庭许可中途退庭的,可以按撤诉处理。”因此,选项A和B的情况并不当然视为撤诉,二者可以视为撤诉,也可以不视为撤诉。如果经两次合法传唤无正当理由不到庭则必须导致视为申请撤诉法律后果。《行政诉讼法解释》第37条规定:“原告或者上诉人未按规定的期限预交案件受理费,又不提出缓交、减交、免交申请,或者提出申请未获批准的,按自动撤诉处理。”因此C项正确。至于D项并不能构成视为撤诉的法定条件,予以排除。

填空题


The central problem of economics is to satisfy the people’s and nation’s wants. The problem we are faced with is that our (1) , here identified as money, are (2) . The only way we can resolve our (3) is to make choices. After looking at our resources, we must examine our list of (4) and identify the things we need (5) , those we can postpone, and (6) we cannot afford. As individuals, we face the central problem involved in economics — deciding just how to allocate our limited resources to provide ourselves with the greatest (7) of our wants.
Nations face the same problem. As a country’s population (8) , the need for more goods and services grows (9) . Resources necessary to production may increase, but there are (10) enough resources to satisfy the total desires of a (11) . Whether the budget meeting is taking place in the family living-room, in the conference room of the corporation (12) of directors, or in the chamber of the House of Representatives in Washington, the basic problem still exists. We need to find (13) of allocating limited resources in order to satisfy unlimited wants.
A short time ago, economists divided goods into two categories, free and economic. The former, like air and water, were in (14) abundance that economists had no concern about (15) of scarcity and what to do about it. Today many of these "free goods" are in (16) very expensive to use. Pollution has made clean air and water expensive for producers who have to filter their waste products, for consumers who ultimately pay for the producers’ extra costs, and (17) tax-payers who pay for the government’s involvement in cleaning the environment.
In the 1990s, almost all goods are (18) . Only by effort and money can they be (19) in the form people wish.
Meeting the needs of people and the demands from resources available leads to the basic activity of production. In trying to (20) unlimited wants from limited economic goods, production leads to new problems in economics.

单项选择题