问题 多项选择题

潘某不服某卫生局的行政处罚决定向法院提起诉讼。诉讼过程中,卫生局撤销了原处罚决定,潘某遂向法院申请撤诉,法院作出准予撤诉的裁定。一周后,卫生局又以同一事实和理由作出了与原处罚决定相同的决定。下列哪种说法是不正确的( )

A.潘某可以撤回撤诉申请,请求法院恢复诉讼,继续审理该案

B.潘某可以对法院所作的准予撤诉裁定提出上诉

C.潘某可以申请再审,请求法院撤销准予撤诉的裁定

D.潘某可以对卫生局新的处罚决定提起诉讼

答案

参考答案:A,B,C

解析: 在本案中,法院已经作出准予撤诉的裁定,诉讼已经结束,当然没有恢复诉讼的问题。恢复诉讼的前提是中止诉讼。据此,选项A错误。根据《最高人民法院关于执行〈中华人民共和国行政诉讼法〉若干问题的解释》第63条,只有对不予受理、驳回起诉和管辖异议的裁定才可上诉,对其他裁定均不可上诉。据此,选项B错误。根据《最高人民法院关于执行〈中华人民共和国行政诉讼法〉若干问题的解释》第36条第2款,准予撤诉的裁定确有错误,原告申请再审的,人民法院应当通过审判监督程序撤销原准予撤诉的裁定,重新对案件进行审理。据此,选项C从程序意义上具有一定正确性;但从实体意义上讲,准予撤诉的裁定没有什么“错误”,选项C存在实体缺陷。卫生局又作出新的处罚,对该处罚,潘某当然可以起诉。据此,选项D正确。特别注意:选项D不违反《最高人民法院关于执行〈中华人民共和国行政诉讼法〉若干问题的解释》第36条第1款的规定,因为选项D中,潘某起诉的对象是新处罚,而非原处罚。

单项选择题

After winning a big game, athletes are often asked how they feel. Usually athletes say how (1) it is to win this big game. On the contrary, the fact is that losing a big game, or in my case, all the games, can be even harder.

From the spectators’ point of view, last year’s basketball (2) for my high school team was nothing (3) of an embarrassment. And (4) 0 and 20 is certainly nothing to be proud of, that season had a bigger impact on me than any other. As a team captain, I knew it probably wouldn’t be the (5) year, but did I ever think we would lose every game Of course not. Since six of our top players had graduated, it was clear that we were a (n) (6) team who would struggle. The struggle began earlier than expected, (7) , as our team center was suspended (禁赛) for the season, and two key members decided to (8) for some reason. At this point, dropping out probably passed through every player’s mind, but in the end, we all stuck if out, (9) to work still harder.

Then there came a time when even our (10) and given up on us. Personally, I felt like it was (11) worthwhile giving my all. I thought, if even the coach doesn’t believe in us, why should I But just as my hope began to (12) , a teammate called a meeting. He said," Nobody thinks we are going to win, but, as teammates and friends, we (13) it to each other to go all out every game. "

It was that moment that (14) me how to be a leader. It hit me that I certainly didn’t (15) the role. As a leader you can never quit (16) the team who looks up to you. It is one (17) to be named captain, feel great and go through the motions, but it is quite another to be a real captain and make sure everyone realizes their full (18) all the time.

I am sure it is great to go through without losing and bringing home awards. But in all honesty, I (19) the fact that my team lost every game last year. It may not help me to become a better basketball player, but it already has made me a better leader, and (20)

1().

A.exciting

B.pleasant

C.tough

D.significant

单项选择题