问题 多项选择题

段某拥有两块山场的山林权证。林改期间,王某认为该山场是自家的土改山,要求段某返还。经村委会协调,段某同意把部分山场给与王某,并签订了协议。事后,段某反悔,对协议提出异议。王某请镇政府调处,镇政府依王某提交的协议书复印件,向王某发放了山林权证。段某不服,向县政府申请复议,在县政府作出维持决定后向法院起诉。下列哪些选项是正确的( )

A.对镇政府的行为,段某不能直接向法院提起行政诉讼

B.县政府为本案第三人

C.如当事人未能提供协议书原件,法院不能以协议书复印件单独作为定案依据

D.如段某与王某在诉讼中达成新的协议,可视为本案被诉具体行政行为发生改变

答案

参考答案:A,C

解析:[考点] 行政复议与行政诉讼的衔接;行政诉讼第三人;行政诉讼证据;改变具体行政行为的认定
[详解] 根据《行政复议法》第30条第1款之规定,本案中,段某已经取得了山林权证,因此,段某认为镇政府的行为侵犯其已经取得的权利的,则应当先复议、后诉讼。据此,A选项正确。根据《行政诉讼法》第27条的规定,本案中作为行政主体的县政府不能作为第三人。根据《行政诉讼证据规定》第71条的规定,倘若本案中双方当事人都不能提供协议原件,则法院不能单独以协议复印件作为定案依据。故 C项正确。被诉具体行政行为的改变需要由有权机关作出,而不能因为当事人的协议而改变。本案中,若段某与王某达成新的协议,只能说二人的民事纠纷得到了解决,并不影响镇政府具体行政行为存在的事实及法院对其合法性的审查。据此,D项错误。

完形填空

第二节:下面是一篇关于培养孩子创造性思维的文章,文章中有5处(第81~85题)需要添加小标题,请从以下选项中选出符合各段意思的小标题,并在答题卡上将该项涂黑,选项中一项为多余选项。

A. The Definition of Creativity

B. The Value of Creative Thinking

C. The Disadvantage of School Education

D. The Importance of Giving Children Choices

E. Creativity not Being Something Born With

F. Effective Ways to Develop Students’ Creativity

The Case for Creativity — Encouraging Children to Think

Creativity is the key to a brighter future, say education and business experts. Here is how schools and parents can encourage this vital skill in children.

小题1:           

If Dick Drew had listened to his boss in 1925, we might not have a product that we now think of as practically essential: masking tape. Drew worked for the company, known as 3M. At work he developed a sticky-side substance strong enough to hold things together. But his boss told him not to pursue the idea. Finally, using his own time, Drew perfected the tape, which now is used everywhere by many people. And his former company learned from its mistake: Now 3M encourages people to spend 15 percent of their work time just thinking and developing new ideas. Experts say if we teach our children to think creatively, they will be better able to function in tomorrow’s society.

小题2:           

Creativity is not a natural ability, nor is it necessarily a characteristic of high intelligence. Just because a person is highly intelligent does not mean that he uses it creatively. Creativity is the matter of using the resources one has to produce original ideas that are good for something.

小题3:           

Unfortunately, schools have not tended to promote creativity. With strong emphasis on test scores and the development of reading, writing and mathematical skills, many educators sacrifice creativity for correct answers. The result is that children can give back information but can’t recognize ways to apply it to new situations. They may know their multiplication tables, for example, but they are unable to apply them to story problems.

小题4:           

In some schools, however, educators are recognizing the problem and are trying their best to encourage creativity in their students. Some teachers are combining the basics with activities where the students must use their imagination. For example, instead of simply asking WHEN Columbus discovered the New World, teachers might ask students to think about what would have happened if his trip had taken him to New York first instead of to the Caribbean area. With that question, students would have to use what they know about Columbus, what they know about New York, and what they know about the Caribbean. Teachers feel that even if the answers seem silly, it’s OK, that sometimes being silly is an essential step toward creativity.

小题5:          

From the earliest age, children should be allowed to make decisions and understand their consequences. Even if it’s choosing between two food items for lunch, decision-making helps thinking skills. As children grow older, parents should let their children decide how to use their time or spend their money but not automatically help them too much if they make the wrong decision. This may be confusing for the child, but that is all right. This is because one of the most important traits of creative people is a very strong motivation to make order out of confusion.

单项选择题