问题 多项选择题

下列关于举证责任的说法正确的是( )。

A.被告应当承担主要的举证责任,但是被告认为原告起诉超过起诉期限的除外

B.原告应当对于起诉符合法定条件承担举证责任

C.若原告起诉被告行政不作为,则应当证明自己曾经提出申请的事实

D.若原告一并提起行政赔偿诉讼,则应当证明自己确实因为受被诉行为侵害而造成损失的事实

答案

参考答案:B,C,D

解析:《行政诉讼法》第32条规定:"被告对作出的具体行政行为负有举证责任,应当提供作出该具体行政行为的证据和所依据的规范性文件。"《刑事诉讼法解释》第27条规定:"原告对下列事项承担举证责任:(一)证明起诉符合法定条件,但被告认为原告起诉超过起诉期限的除外;(二)在起诉被告不作为的案件中,证明其提出申请的事实;(三)在一并提起的行政赔偿诉讼中,证明因受被诉行为侵害而造成损失的事实;(四)其他应当由原告承担举证责任的事项。"所以本题选B、C、D。

单项选择题
阅读理解

阅读理解。

     Encouraging pupils to keep noise to a minimum should be a valuable component of all children's

education, according to new research.

    Dr. Helen Lees, from Stirling University's school of education, says that "enforced (强制的) silence

" is seen as a punishment and often acts to suppress children's natural ability. But she says that teaching

children about the benefits of "enforced silence",-deliberate stillness that gives them the opportunity to

focus and reflect in a stress-free environment--- can have a significant effect on pupils' concentration and

behavior.

    It is the latest in a string of researches to establish a link between the classroom environment and

pupils' academic ability.

    A study almost a decade ago in London found that children's exam results were cut by as much as a

third if they were taught in noisy classrooms. Teaching unions have also called for a limit of 26℃ to be

put on classroom temperatures because teachers and pupils struggle to work in hot conditions, and some

educationalists claim that too much clutter (杂乱的东西) on classroom walls can prevent children from

concentrating.

    Dr. Lees said, "When we take some research on school settings and put it all together, what we see is

that education without silence does not make much sense. In areas of better learning outcomes, better

self- confidence and well-being measures, enforced silence in a person's life and an individual's education

is shown throughout the relevant research to be a benefit."

    Dozens of schools across Britain have already introduced periods of "reflective silence" into the

timetable.

    Kevin Hogston, head of Sheringdale Primary, south London, has just introduced a minute's silence at

the start of twice-weekly meetings in which children are taught breathing techniques and encouraged to

reflect. The school plans to introduce it into classrooms every day.

1. According to Dr. Helen Lees, "enforced silence" _____.

A. is an effective way of punishment    

B. does not make much sense in class

C. can improve pupils' confidence      

D. makes pupils more creative

2. The underlined word, "suppress", in the second paragraph probably means "_____".

A. prevent        

B. improve          

C. apply                

D. reveal

3. What can be inferred from the research on school settings?   

A. Students are more active if taught in noisy classrooms.

B. Silence makes a great difference to pupils.

C. Clutter on the walls can help students concentrate.

D. Most schools are not satisfactory in terms of classroom temperatures.

4. What would be the best title for the text?

A. Arranging classroom settings benefits studies    

B. Achieving silence is beneficial for people

C. Using enforced silence is effective punishment        

D. Keeping quiet in class improves academic performance