问题 单项选择题

某市和平区卫生局根据省卫生厅“于必要时,各级卫生主管部门可将自己的部分职权授予法人或其他社会组织行使”的文件精神,授权该区内红旗商场可以对在其商场内吐痰的行为处以罚款。顾客林某因吐痰被罚款,对此不服欲提起诉讼,则应以谁为被告( )

A.该商场
B.该商场上级主管部门
C.该市和平区卫生局
D.省卫生厅

答案

参考答案:C

解析:[命题提示]
本题考查行政诉讼被告的确定
[解题要点]
了解行政机关在没有法律、法规或规章规定情况下的授权行为及其责任承担问题

《行政诉讼法解释》规定,行政机关在没有法律、法规或者规章规定的情况下,授权其内设机构、派出机构或者其他组织行使行政职权的,应当视为委托。当事人不服提起诉讼的,应当以该行政机关为被告。该省卫生厅的文件不属于法律、法规或者规章,其授权视为委托。故选C。

阅读理解

阅读理解。

     Most people have a cellphone (手机). When you are walking on a busy street, you will see many people

speaking on their phones. Many people say they can't imagine how they live without a cellphone.

     Cellphones play an important role in our daily life, such as keeping in touch with others, calling home or

the police if there is any emergency. Although cellphones can help us a lot, we must think of others when we

use them. Unfortunately, some people do not consider others when using their cellphones. For example, some

cellphone users speak too loudly and discuss personal matters in public places. Some people make phone calls

in the cinema. Some people talk for a long time on the phone while they are driving on the busy road.

Someone's cellphone will ring during an important meeting. Many people complain about these bad manners.

In their opinion, cellphone users shouldn't disturb others when they make a call.

     Then how to use a cellphone politely in public? The following rules will help you. When you're in a meeting, watching a movie or having a lesson, you'd better turn off your cellphone. When you get a call and you're with

friends, try to make the call as short as you can. If you are waiting for an important call, then make sure that

you tell others about this at the beginning of a meeting. It's rude to scream (尖叫声) or shout on the phone.

Make sure you will be heard only by the caller but not by the others around you. Besides, if possible, find a

quiet place where you can talk in private.

1. You can see many people using ________ in the street.

A. radio

B. cellphones

C. MP4

2. What's the Chinese meaning for the underlined word "emergency"? 

A. 紧急情况

B. 娱乐活动

C. 公益活动

3. People must consider ________ when they use cellphones in public.

A. themselves

B. other persons

C. their family

4. It is good manners for cellphone users to ________.

A. make phone calls in the cinema

B. talk about personal matters loudly in public

C. turn off the phone during an important meeting

5. The best title for this passage is ________.

A. Cellphone Manners

B. Cellphones Are Very Useful

C. Having a Meeting

单项选择题