问题 单项选择题

羁束行政行为是指法律明确规定了行政行为的范围、条件、程度、方法等,行政机关没有自由选择的余地,只能严格依照法律作出的行政行为。
根据上述定义,下列属于羁束行政行为的是______。

A.社团登记管理机关须在自收到被批准成立的具有法人资格的社会团体备案文件之日起30日内发给《社团登记证书》
B.某公司在合并时,未依照公司法规定通知债权人,工商行政管理局责令其改正,并依照规定对该公司处以一万元以上十万元以下的罚款
C.药品管理法规定,对已确认发生严重不良反应的药品,国务院或者省、自治区、直辖市人民政府的药品监督管理部门可以采取停止生产、销售、使用的紧急控制措施
D.个体户甲出售手电筒,工商行政部门认为手电筒属于小五金,而甲的经营范围仅限于百货,便以其超范围经营为由作出行政处罚决定

答案

参考答案:A

解析: 本题的关键信息为“没有自由选择的余地”,B项,工商行政管理局对于罚款的数额可以进行一定程度上的选择,因此不属于羁束行政行为。C项,药品监督管理部门“可以”采取停止生产、销售、使用的紧急控制措施,也就意味着可以自由选择,不属于羁束行政行为。D项,法律并未规定手电筒是否属于小五金,因此“手电筒属于小五金”是工商行政管理部门自行认定的,其可以认定属于五金,也可以认定属于百货,因此其作出行政处罚的这一行为属于自由裁量行政行为。A项,社团登记管理机关必须在自收到被批准成立的具有法人资格的社会团体备案文件之日起30日内发给《社团登记证书》,没有自由选择的余地,无论其早发还是晚发,颁发《社团登记证书》这一行政行为不会有改变,因此A项属于羁束行政行为。本题正确答案为A。

单项选择题

Some pioneering work that began as an attempt to discover ways to increase production efficiency led to the founding of the human relations movement in industry and to the development of motivational skills and tools for managers. In 1927 researchers were involved in determining the optimum amount of lighting, temperature, and humidity (with lighting being considered the most important) for the assembly of electronic components at Western Electric. The researchers found that lighting had no consistent effect on production. In fact, production sometimes increased when lighting was reduced to the level of ordinary moonlight! The important part of this experiment began when two Harvard researchers, Elton Mayo and Fritz Roethlisberger, were brought in to investigate these unexpected results further. They found that workers were responding not to the level of lighting but to the fact that they were being observed by the experimenters.
This phenomenon came to be known as the Hawthorne effect since the experiments were conducted at the Western Electric Hawthorne Plant. This was the first documented and widely published evidence of the psychological effects on doing work, and it led to the first serious effort aimed at examining psychological and social factors in the workplace. Further experiments were continued for five years. Generally, the researchers concluded from their experiments that economic motivation (pay) was not the sole source of productivity and, in some cases, not even the most important source. Through interviews and test results, the researchers focused on the effects of work attitudes, supervision, and the peer group and other social forces, on productivity.
Their findings laid the groundwork for modem motivation theory, and the study of human factors on the job, which continues to this day in such common practices as selection and training, establishing favorable work conditions, counseling, and personnel operations. The contributions of this experiment shifted the focus of human motivation from economics to a multifaceted approach including psychological and social forces.

What is the passage primarily about

A.The first widely published development in modem motivation theory.

B.Shifting the focus of human motivation from economics to a multifaceted approach.

C.The importance of careful research.

D.The results of a pioneering study at Western Electric.

单项选择题