问题 问答题

案情:甲市人民政府在召集有关职能部门、城市公共交通运营公司(以下简称城市公交公司)召开协调会后,下发了甲市人民政府《会议纪要》,明确:城市公交公司的运营范围,界定在经批准的城市规划区内;城市公交公司在城市规划区内开通的线路要保证正常运营,免缴交通规费;在规划区范围内,原由交通部门负责的对城市公交公司违法运营的查处,交由建设部门负责。《会议纪要》下发后,甲市城区交通局按照《会议纪要》的要求,中止了对城市公交公司违法运营的查处。田某、孙某和王某是经交通部门批准的三家运输经营户,他们运营的线路与《会议纪要》规定免缴交通规费的城市公交公司的两条运营线路重叠,但依《会议纪要》,不能享受免缴交通规费的优惠。三人不服,向法院提起诉讼,要求撤销《会议纪要》中关于城市公交公司免缴交通规费的规定,并请求确认市政府《会议纪要》关于中止城区交通局对城市公交公司违法运营查处的内容违法。问题:

甲市人民政府《会议纪要》所作出的城市公交公司免缴交通规费的内容是否属于行政诉讼受案范围?为什么?

答案

参考答案:属于受案范围。本案中《会议纪要》作出的规定不属于行政指导行为,也不属于抽象行政行为。

解析:根据行政诉讼法的规定,侵犯相对人的人身权、财产权的具体行政行为属于行政诉讼受案范围。本案中人民政府的《会议纪要》属于具体行政行为: 首先,作为行政行为应当具备三个要素,一是主体要素,即行政机关作出;二是职权要素,即行政机关行使职权的行为;三是法律要素,即对相对人的权益产生法律上权利义务影响的行为。本题的难点在于《会议纪要》是否具有法律要素。由于《会议纪要》作出后必然影响三个相对人的运营,因此,对他们的权益产生了直接的影响,因此,这一行为不是行政指导行为,而是典型的行政行为,对相对 * * 益产生影响且具有约束力。 其次,具体行政行为与抽象行政行为不同,抽象行政行为是针对不特定的人作出具有普遍约束力的行为。 本案中《会议纪要》直接影响的是特定的人的权益,不属抽象行政行为,而是具体行政行为。

问答题 简答题
阅读理解

第二部分:阅读理解(共20小题;每小题2.5分,满分50分)

阅读下列短文,从每题所给的A、B、C、D四个选项中,选出最佳选项。

Proper arrangement of classroom space is important to encouraging interaction. Most of us have noticed how important physical setting is to efficiency and comfort in our work. College classroom space should be designed to encourage the activity of critical thinking.

We have entered the 21st century, but step into almost any college classroom and you step back in time at least a hundred years. Desks are normally in straight rows, so students can clearly see the teacher but not all their classmates. The message behind such an arrangement is obvious. Everything of importance comes from the teacher.

With a little imagination and effort, unless desks are fixed to the floor, the teacher can correct this situation and create space that encourage interchange among students. In small or standard-size classes, chairs, desks, and tables can be arranged in a variety of ways. The primary goal should be for everyone to be able to see everyone else. Large classes, particularly those held in lecture halls, unfortunately, allow much less flexibility.

Arrangement of the classroom should also make it easy to divide students into small groups for discussion or problem-solving exercises. Small classes with movable desks and tables present no problem. Even in large lecture halls, it is possible for students to turn around and form groups of four to six. Breaking a class into small groups provides more opportunities for students to interact with each other, think out loud, and see how other students’ thinking processes operate all essential elements in developing new modes of critical thinking.

In courses that regularly use a small group format, students might be asked to stay in the same small groups throughout the course. A colleague of mine, John, allows students to move around during the first two weeks, until they find a group they are comfortable with. John then asks them to stay in the same seat, with the same group, from that time on. This not only creates a comfortable setting for interaction but helps him learn students’ names and faces.

1. The primary purpose of desk rearrangement is _______.

A. for the teacher to divide students into small groups.

B. to make it possible for students to interact with each other.

C. for the teacher to find out how students think.

D. to give students more opportunities to practice speaking.

2. The expression “step back in time at least a hundred years” in Paragraph 2 is intended to convey the idea that _______.

A. there is not much change in educational idea over the past hundred years

B. critical thinking was encouraged even a century ago

C. college classrooms often remind people of their college life

D. a hundred years ago, desk arrangement in a classroom was quite different

3. The greatest advantage in allowing each student to find his own group might be that________

A. learning is made comfortable in this way

B. the teacher can easily remember students’ names and faces

C. the teacher saves the trouble in doing that

D. brighter students can help slower ones.

4. It is implied in the passage that ______.

A. students are allowed to changed groups throughout the course in John’s class

B. classroom interaction between students is essential to the teachers

C. a comfortable environment leads to higher working efficiency

D. new kinds of desks and chairs should be made

5. The author mentioned John in the last paragraph in order to ________

A. create a comfortable setting for interaction

B. introduce an approach of learning students’ names and faces easily

C. give an example that students stay in the same seat throughout the course.

D. describe a good seat-arrangement mode in courses with small group format.