问题 问答题

某乡人民政府根据本县人民政府发布的《关于集资修建村级小学的决定》,分别向村民李某等 10人集资人民币100元。李某等10人均不服乡政府向自己收取集资款的行为,向县人民法院提起诉讼。法院经审理认为,县政府的《决定》违法,因此乡政府向李某等人收取集资款的行为没有根据,判决:(1)撤销县政府的《决定》;(2)被告在收到判决书之日起10日内向原告返还已收取的集资款。 问题:(1)本案中法院的判决是否正确?说明理由。 (2)法院对本案应作出怎样的判决?为什么?

答案

参考答案:

解析:(1)法院的判决是错误的。第一,县政府发布的《决定》是抽象行政行为,根据行政诉讼法的规定,不属于人民法院行政诉讼的受案范围,法院对于违法的抽象行政行为可以不予适用,但无权直接判决撤销。第二,虽然乡政府的集资行为缺少必要的法律根据,但本案中原告只是针对被告违法的具体行政行为提起诉讼,并未提起行政赔偿诉讼,根据诉讼“不告不理”的一般规则,法院直接判决被告向原告返还集资款是不恰当的。 (2)法院应对县政府违法的抽象行政行为向其上级政府提出司法建议,对乡政府依此作出的具体行政行为予以撤销。因为县政府的《决定》属一般规范性文件,它无权为公民、法人、其他组织设定义务,法院可以不予适用,不予参照,但不能直接判决撤销,只能向上一级行政机关提出司法建议,对依据违法规范性文件作出的具体行政行为可以判决撤销。

选择题
单项选择题

I will never forget the year I was about twelve years old. My mother told us that we would not be (16) Christmas gifts because there was not enough money. I felt sad and thought, "What would I say when the other kids asked what I’ d (17) " Just when I started to (18) that there would not be a Christmas that year, three women (19) at our house with gifts for all of us. For me they brought a doll. I felt such a sense of (20) that I would no longer have to be embarrassed when I returned to school. I wasn’t (21) . Somebody had thought (22) of me to bring me a gift.

Years later, when I stood in the kitchen of my new house, thinking how I wanted to make my (23) Christmas there special and memorable, I (24) remembered the women’s visit. I decided that I wanted to create that same feeling of (25) for as many children as I could possibly reach.

So I (26) a plan and gathered forty people from my company to help. We gathered about 125 orphans (孤儿) at the Christmas party. For every child, we wrapped colorful packages filled with

toys, clothes, and school supplies, (27) with a child’ s name. We wanted all of them to know they were (28) Before I called out their names and handed them their gifts, I (29) them that they couldn’t open their presents (30) every child had come forward. Finally the (31) they had been waiting for came as I called out, "One, two, three. Open your presents!" As the children opened their packages, their faces beamed and their bright smiles (32) up the room. The (33) in the room was obvious, and (34) wasn’ t just about toys. It was a feeling, and the feeling I knew (35) that Christmas so long ago when the women came to visit. I wasn’t forgotten. Somebody thought of me. I matter.

31()

A.chance 

B.gift 

C.moment 

D.reward