问题 问答题


案情:张军与张强乃兄弟,张军18岁,张强16岁。二人某日到舞厅跳舞,张军与王某发生口角并打了起来,张强帮其兄张军打王某。派出所对张军、张强每人处以罚款50元的处罚。王某不服,向县公安局申请复议,县公安局变更为各拘留5日,张氏兄弟俩不服。
问题:

如张氏兄弟俩依法提起行政诉讼,他们兄弟俩、王某、派出所、公安局在诉讼中各处于什么地位

答案

参考答案:

解析:张军、张强为共同原告,县公安局为被告,王某为第三人,派出所不是诉讼参加人。张军、张强因共同侵权行为被公安局处罚,县公安局虽然给他们分别以5日拘留的处罚,看似两个同样的具体行政行为,但由于公安局是根据张氏兄弟共同侵权行为而处罚,是基于同一事实,实则只有一个具体行政行为,如起诉,应列为共同原告。县公安局复议改变了派出所的处罚裁决,派出所的处罚裁决即失效,县公安局的复议裁决生效。张氏兄弟俩不服起诉,应以作出复议决定的县公安局为被告。被侵害人王某由于被张氏兄弟二人违法侵害,张氏兄弟俩因此而受罚,王某与县公安局作出的拘留决定有利害关系,可以作为第三人申请参加诉讼或由人民法院通知参加诉讼。派出所的处罚裁决被县公安局改变而失效,与县公安局的处罚决定没有利害关系,不是本案当事人。

阅读理解

The widespread number of food scandals ( 丑闻) in China is making many people pause before they put their chopsticks in their mouth. They are wondering if the food they are eating is clean, healthy and nutritious or does it contain something harmful that will cause disease?

Most of the food we eat today is processed food( 加工食品). That means the foods we buy in stores and supermarkets, especially packaged foods, are prepared in factories. Chemicals are added to the foods in these factories to make them look better, taste better and last longer on the shelf. The chemicals are supposed to be harmless and there are laws that regulate which chemicals can and cannot be used. Unfortunately, some producers do not obey the laws.

A producer of steamed buns (馒头) in Zhejiang Province was recently discovered to be breaking the law. He was adding yellow dye and other banned chemicals to the buns. He was also taking old buns and using them to make new buns. Most of the buns were sold to schools and eaten by students. . . like you’

Why did he do it? Why did he break the law and endanger people’s health? The answer is simple: he wanted to make more money. It was a moral failing, and this is at the heart of the food scandals in China. Too many people focus on making money and not on the effects their actions can have on others.

小题1: Chemicals are added to the foods in the factories because _____.

A.they want to make the foods look better, taste better and last longer

B.they want to make the foods contain something harmful

C.chemicals will cause disease

D.chemicals are harmless小题2: According to the passage, which is NOT true?

A.Most of the food we eat today is prepared in factories.

B.There are laws that regulate which chemicals can and cannot be used.

C.The food scandals in China are making many people worry about the food safety.

D.Most of the buns were sold to schools and eaten, by students in Zhejiang Province.小题3:It was a moral failing, and this is at the heart of the food scandals in China. Here what’s

the Chinese meaning of "moral failing"? 

A.精神崩溃

B.道德滑坡

C.质量下降

D.心理失衡小题4: What is the main reason of the food scandals in China?

A.Some producers do not obey the laws.

B.The processed food is clean, healthy and nutritious.

C.Too many people pay much attention to making money.

D.The chemicals are supposed to be harmless and can be used.

单项选择题