问题 问答题

假设当时行政机关是不予颁发许可证,王某不服提起诉讼。现在被告在诉讼程序中,收集到了一项证据,表明不应给王某颁发许可证,能否由此认定不予颁发许可证的行为合法

答案

参考答案:

解析:不能以此为证据证明被诉的行政行为合法。因为依照有关规定,被告及其诉讼代理人在作出具体行政行为后或者在诉讼程序中自行收集的证据,不能作为认定被诉具体行政行为合法的依据。 本题的法条依据是:《行诉证据规定》第60条:“下列证据不能作为认定被诉具体行政行为合法的依据: (一)被告及其诉讼代理人在作出具体行政行为后或者在诉讼程序中自行收集的证据; (二)被告在行政程序中非法剥夺公民、法人或者其他组织依法享有的陈述、申辩或者听证权利所采用的证据; (三)原告或者第三人在诉讼程序中提供的、被告在行政程序中未作为具体行政行为依据的证据。”

阅读理解

Methods of training animals have changed greatly in recent years. Zoo keepers have always had problems getting the animals to leave their cages in order for the cages to be cleaned, and also training them to move indoors when appropriate. Another problem was that many of the large animals became listless and bored. In the last twenty years, scientists have done research on dolphins and whales, training them to obey commands. The scientists found they could get animals to obey by rewarding them with food and affection when they responded correctly.

Proper training allows the animals to receive the care they need. It was very difficult to get untrained animals, especially the larger ones, to stay still when they needed medical attention. Now they can be trained, on command, to remain still and even to allow blood samples to be taken and shots administered. All this is accomplished through positive reinforcement, without the use of any force. Affection training, as this process is called, has been used with great success on a wide variety of zoo animals. Animal behavior experts have taught zoo keepers to train bears, tigers, monkeys, and many other species to behave in a way that provides for better animal-keeper interaction. This training also keeps the animals from becoming bored and inactive.

Although some people proclaim(谴责) that this training is inhumance and cruel to animals, results have shown that captive(猎获的)animals who previously were not doing well flourish under the new training procedures.

小题1:The word “listless” means _______.

A.countless

B.obedient

C.inactive

D.mysterious小题2: Which of the following is valid conclusion based on this passage?

A.It is safe to pet any animal. 

B.Many animals respond favorably to rewards and affection.

C.Animals in the wild can be trained.

D.Animals should not be kept in zoos.小题3:The writer's purpose is to _______.

A.persuade people not to feed animals in the zoo

B.show how easy it is to train animals

C.explain method of training animals through rewards

D.criticize zoo keepers小题4:Which of the following is an opinion?

A.Zoo keepers had problems in getting animals to leave their cages.

B.Training is cruel to animals.

C.Animals obey commands if they are trained to do so.

D.Many animals can be trained, on commands, to remain still.

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