问题 多项选择题

A公司于2004年9月就被扣押行为提起诉讼,法院应否受理为什么

A. 不应受理,因为扣押行为已经不存在
B.不应受理,因为已经经过了起诉的期间
C.应当受理,A公司有权要求确认该扣押行为违法
D.应当受理,A公司的权益确实受到了侵害

答案

参考答案:B

解析:[考点] 行政诉讼的起诉期间
A公司于2004年9月就扣押行为提起的诉讼,法院不应受理。因为直接向法院提起诉讼的行政案件,应当在知道作出具体行政行为之日起3个月内提出。即使由于行政机关并未告知当事人诉权或起诉期限而致使当事人逾期起诉的,逾期期间也不得超过1年。
《行政诉讼法》第39条规定:“公民、法人或者其他组织直接向人民法院提起诉讼的,应当在知道作出具体行政行为之日起三个月内提出。法律另有规定的除外。”
《行诉解释》第35条规定:行政机关作出具体行政行为时,未告知公民、法人或者其他组织诉权或者起诉期限的,起诉期限从公民、法人或者其他组织知道或者应当知道诉权或者起诉期限之日起计算,但从知道或者应当知道具体行政行为内容之日起最长不得超过2年。

单项选择题

In the United States and in many other countries around the world, there are four main ways for people to be (91) about developments in the news: newspapers, magazines, and radio or television news broadcasts. A person may use one, or all, of these (92) for information. Each source is useful in its (93) way. Newspapers and magazines can give much information about a particular event. They may (94) some history of the event, some of its (95) , some of its effects, or perhaps give an (96) or point of view on a particular development. Radio and television can help a person to be well informed about what is happening each day. It is also (97) to listen to radio or watch TV (98) do something else at the same time. Many people can listen to the news on their car radio while driving (99) . For the student of English as a foreign language, an English language newspaper may be the most helpful news source that will also (100) you practice in reading English.
Most daily English language newspapers are not very hard to find. They are interesting and helpful in many (101) . In some of them, you may be able to find news about your (102) country. You will find news and information about important national and international political (103) . (104) what you are interested in, you can probably find something in the newspaper about it. A(n) (105) in the newspaper may help you solve a problem. Other stories may be about good movies, concerts, or TV shows.
Usually, an English language newspaper has several (106) or parts. Each part of the newspaper (107) stories about different kinds of news. Some sections have a lot of advertisements which may be helpful if you want to save money. By reading the advertisements, you may find something you want (108) sale. Or you may find that two stories are advertising the (109) thing, but at one store the price is lower. Other sections may have (110) advertisements or have only a specific type of advertisement to interest the people.

A./

B.one

C.same

D.very

判断题