问题 多项选择题

王某和林某是生意上的死对头,由于林某从中作梗致使王某损失近百万元。王某对此十分恼火,遂出资5万元雇佣张某去除掉林某。张某答应了此事,回到家后将欲杀林某的情况告诉其妻陈某,陈某不仅不加制止,而a积极为其出谋划策,帮张某买来一把尖刀用于杀林某。在陈某的帮助下,张某作了充分准备,于某晚潜人林某的家中,当时林某不在家。张某见林某妻子正在床上睡觉,顿起歹意,就把其强 * * 了。等到林某同家,又将林某杀死。
请根据上述案情,回答以下问题:

王某将酒精带上火车后被列车员查获,列车长认为王某的行为违反国家铁路运输安全的有关规定,将酒精没收并处罚款100元。王某不服,向人民法院提起行政诉讼,下列表述正确的是:( )

A.人民法院不应受理此案,因为铁路局是运输企业,不具备行政主体资格,不能作为行政诉讼的被告

B.人民法院应受理此案,因为国家铁路运输企业行使法律法规赋予的行政管理权,并且有权对旅客的物品进行检查,具备行政主体资格

C.此案应该由专门的铁路法院受理

D.此案应该由普通人民法院受理

答案

参考答案:B,D

解析:[考点] 普通人民法院与专门人民法院的管辖分工
最高法院(关于贯彻执行{中华人民共和国行政诉讼法)若干问题的意见》第9条规定:“专门人民法院不设行政审判庭,不受理行政案件。”据此,在任何情况下,铁路法院都不受理行政案件,专门人民法院不处理行政案件。因此,B、D为本题的正确答案。

选择题
问答题

Psychologists once believed that the motive that caused men to strive to attain high-level managerial positions was the "need for achievement". But now they believe it is the "need for power".
Power seekers strive hard to reach positions where they can exercise authority over large numbers of people. (46) Individual performers who lack this drive are not likely to advance far up the managerial ladder. They usually scorn company politics and devote their energies to other types of activities. The power game is part of management, and it is played best by those who enjoy it most.
(47) One of the least rational acts of business organizations is that of hiring managers who have a high need to exercise authority, and then teaching them that authoritative methods are wrong and that they should be consultative or participative. (48) It is a serious mistake to teach managers that they should adopt styles that are inconsistent with their unique personalities. Yet this is precisely what a large number of business organizations are doing; and it explains, in part, why their management development programs are not effective.
(49) What managerial aspirants should be taught is how to exercise their authority in a way that is appropriate to the situation and the people involved. They need to learn that the real source of their power is their own knowledge and skill, and the strength of their own personalities, not the authority conferred on them by their positions. When they lack the knowledge or skill required to perform the work, they need to know how to share their authority. (50) But when they know what has to be done and have the skill and personality to get it done, they must exercise their traditional authority in whatever way is necessary.