问题 多项选择题

2006年3月10日,王某因“殴打他人”被县公安局传唤24小时后处以10日拘留,因王某为外地人找不到保人且经济拮据交不起保证金被立即送达拘留所执行,王某提出听证的请求也被拒绝。王某于3月20日(传唤一日折抵拘留一日)释放后向市公安局申请复议,复议机关维持了原拘留10日的决定,王某以县公安局为被告在县法院提起行政诉讼,一审法院作出维持拘留10日的判决。王某遂向上级法院提出上诉。

关于上级法院在审理王某上诉案件时的期限说法正确的是:( )

A.二审法院在收到王某上诉状之日起两个月内作出终审判决

B.原审人民法院收到上诉状,应当在5日内将上诉状副本送达其他当事人,对方当事人应当在收到上诉状副本之日起10日内提出答辩状

C.原审人民法院应当在收到答辩状之日起5日内将副本送达当事人

D.原审人民法院收到上诉状、答辩状,应当在5日内连同全部案卷和证据,报送第二审人民法院

答案

参考答案:A,B,C,D

解析:[考点] 行政诉讼二审程序 法律依据是《行政诉讼法》第60条、《行诉法解释》第66条。

阅读理解

阅读理解

     A recent study of ancient and modern elephants has come up with the unexpected conclusion

that the African elephant is divided into two distinct (不同的) species.

     The discovery was made by researchers at York and Harvard Universities when they were

examining the genetic relationship between the ancient woolly mammoth and mastodon to

modern elephants-the Asian elephant, African forest elephant,and African savanna elephant.

Once they obtained DNA sequences (序列) from two fossils (化石), mammoths and mastodons,

the team compared them with DNA from modern elephants.They found to their amazement that modern forest and savanna elephants are as distinct from each other as Asian elephants and

mammoths.

     The scientists used detailed genetic analysis to prove that the African savanna elephant and

the African forest elephant have been distinct species for several million years.The divergence

of the two species took place around the time of the divergence of Asian elephants and woolly

mammoths.This result amazed all the scientists.

     There has long been debate in the scientific community that the two might be separate

species, but this is the most convincing scientific evidence so far that they are indeed different

species.

     Previously, many naturalists believed that African savanna elephants and African forest

elephants were two populations of the same species, despite the elephants' significant size

differences.The savanna elephant has an average shoulder height of 3.5 metres while the forest elephant has an average shoulder height of 2.5 metres.The savanna elephant weighs between six and seven tons, roughly double the weight of the forest elephant.But the fact that they look so

different does not necessarily mean they are different species.However the proof lay in the

analysis of the DNA.

     Alfred Roca, assistant professor in the Department of Animal Sciences at the University of

Illinois, said, "We now have to treat the forest and savanna elephants as two different units for

conservation purposes.Since 1950, all African elephants have been conserved as one species.

Now that we know the forest and savanna elephants are two very distinctive animals, the forest elephant should become a bigger priority(优先) for conservation purposes."

1. One of the fossils studied by the researchers is that of________.

A. the Asian elephant            

B. the forest elephant

C. the savanna elephant          

D. the mastodon elephant

2. The underlined word"divergence" in Paragraph 4 means "________".

A. evolution              

B. exhibition

C. separation            

D. examination

3. The researchers' conclusion was based on a study of the African elephant's________.

A. DNA            

B. height

C. weight          

D. population

4. What are Alfred Roca's words mainly about?  

A. The conservation of African elephants.

B. The purpose of studying African elephants.

C. The way to divide African elephants into two units.

D. The reason for the distinction of African elephants.

单项选择题 A1型题