问题 问答题

案情:某甲1997年6月在A市繁华的B文化区开了一家金太阳娱乐美食城。1998年12月市文化局和市公安局以该娱乐美食城在经营活动中有色情活动为由,以共同名义对其处以1万元的罚款。某甲不服,以市文化局为被告向人民法院提起了行政诉讼。
问题:
1.本案的被告应为谁

答案

参考答案:本案中如果人民法院认为应当追加被告(即将市公安局追加为共同被告),而原告不同意追加的,人民法院应当通知市公安局以诉讼第三人的身份参加诉讼,同时仍以市文化局为被告进行审理。

解析: 我国《行诉解释》第23条规定:“原告所起诉的被告不适格,人民法院应当告知原告变更被告;原告不同意变更的,裁定驳回起诉。应当追加被告而原告不同意追加的,人民法院应当通知其以第三人的身份参加诉讼。”因此,本案中如果人民法院认为应当追加被告,而原告不同意追加,那么人民法院应当通知其以诉讼第三人的身份参加诉讼。

问答题
单项选择题

Ban the Band

Every year, our school has a dance for all the students. It’s a little funny seeing friends in clean shoes and trousers or colorful (1) , instead of the usual school uniform.

Most of us think the dance is great (2) even the teachers enjoy being there. (3) , two weeks ago someone said that there would be no (4) band this year— only CDs. "I don’t (5) it!" Amy cried out during the lunch break.

"Someone said the school couldn’t (6) a band, and they think it’s too noisy anyway, "added Daniel.

"Well, I don’t think it’s (7) enough without a band!" declared Angela, "and I’m going to see what can be done. "

Angela was as good as her (8) . In the afternoon she went to see the school headmaster who agreed to give the (9) some more thought. And he suggested that one (10) for having a band was to increase the price of each ticket from MYM5 to MYM10. Angela had to (11) out whether the students would like to do that."I need all of you to help me, " she (12) to our group before school the next day. "Mr. Berry gave me a list of all the names, and suggested we ask each one their (13) about the band and the extra cost. " (14) the day we asked around as Angela suggested, and wrote down people’s feelings about the band and the cost. We were amazed how much (15) there was for the band and everyone agreed to pay the extra MYMS."I’m surprised, " smiled Mr. Berry, when we gave him the (16) . "I really thought that only a few people (17) their band and that the cost would be too high. OK. Angela, your next (18) is to find a good band and line them up for the dance. "Angela was all smiles and (19) the news to Amy and Daniel. "You’re (20) , " smiled Daniel to Angela as he thought how close they came to having a less than perfect dance.

19()

A.showed 

B.wrote 

C.broke 

D.read