问题 问答题

1996年10月15日,某市卫生防疫站的执法人员到糕点加工个体户张某的糕点加工房进行食品卫生检查,发现有多处不符合食品卫生标准,如工作人员操作时未穿戴工作衣帽等。对此,卫生防疫站的工作人员作了食品卫生检查记录,并提出"限三天改进,罚款人民币300元"的处理意见,张某当场签了字。工作人员当天扣留了张某的卫生许可证。10月18日,卫生防疫站对张某作出了第30号行政处罚决定书,并于当天送达张某。张在10月19日向市卫生防疫站缴纳罚款300元。两天后,卫生防疫站派人到张某的糕点加工房进行检查,仍认为不符合要求,卫生许可证仍未发还给张某,要求张某两天内改进。10月24日,卫生防疫站两次派人到张某的加工房去检查时,发现张某的加工房上锁,便派人通知张某第二天同去加工房检查改进情况,张以"没有时间"拒绝前往。而且张某认为市卫生防疫站的行政处罚对事实的认定不准确,处罚过重,扣留卫生许可证没有法律依据,于是向直接主管市卫生防疫站的市卫生局申请复议,要求撤销卫生防疫站的行政处罚决定,退还罚款,赔偿因扣留卫生许可证而造成的损失。但复议机关作出了维持原处罚决定的复议决定。

据查,扣留张某卫生许可证的法律依据是该省人大常委会通过的一个立法文件,则该扣留行为是否合法为什么

答案

参考答案:合法。因为地方性法规可以设定扣留卫生许可证的行政处罚措施。

解析:依《行政处罚法》第11条第1款规定,地方性法规可以设定除限制人身自由、吊销企业营业执照以外的行政处罚。因此,省人大常委会通过的地方性法规对扣留卫生许可证这一行政处罚措施具有设定权。应当注意,扣留许可证与吊销许可证是两码事。

单项选择题

Passage Two

Conventional wisdom has it that concern for the environment is a luxury only the rich world can afford; that only people whose basic needs for food and shelter have been met can start worrying about the health of the planet. This survey will argue that developing countries, too, should be thinking about the environment. True, in the rich countries a p environmental movement did not emerge until long after they had become industrialized, a stage that many developing countries have yet to reach. And true, many of the developed world’s environmental concerns have little to do with immediate threats to its inhabitants’ well-being. People worry about whether carbon-dioxide emissions might lead to a warmer climate next century, or whether genetically engineered crops might have unforeseen consequences for the ecosystem. That is why, when rich world environmentalists’ campaign against pollution in poor countries, they are often accused of naivety. Such countries, the critics say, have more pressing concerns, such as getting their people out of poverty.
But the environmental problems that developing countries should worry about are different from those that western pundits have fashionable arguments over. They are not about potential problems in the next century, but about indisputable harm being caused today by, above all, contaminated water and polluted air. The survey will argue that, contrary to conventional wisdom, solving such problems need not hurt economic growth; indeed dealing with them now will generally be cheaper than leaving them to cause further harm.
In most developing countries pollution seems to be getting worse, not better. Most big cities in Latin America, for example, are suffering rising levels of air pollution. Populations in these countries are growing so fast that improvements in water supply have failed to keep up with the number of extra people. Worldwide, about a billion people still have no access to clean water, and water contaminated by sewage is estimated to kill some 2 million children every year. Throughout Latin America, Asia, Africa, forests are disappearing, causing not just long-term concern about climate change but also immediate economic damage. Forest fires in Indonesia in 1997 produced a huge blanket of smog that enveloped much of South-East Asia and kept the tourists away. It could happen again, and probably will.
Recent research suggests that pollution in developing countries is far more than a minor irritation: it imposes a heavy economic cost. A World Bank study put the cost of air and water pollution in China at $ 54 billion a year, equivalent to an astonishing 8% of the country’s GDP. Another study estimated the health costs of air pollution in Jakarta and Bangkok in the early 1990s at around 10% of these cities’ income. These are no more than educated guesses, but whichever way the sums are done, the cost is not negligible.

It can be inferred from the passage that ______.

A.developing countries should worry about the harm caused by polluted water and air

B.the developing countries’ economy will develop more rapidly if they deal with environmental problems right now

C.the conventional wisdom has it that solving environmental problems may hurt economic growth

D.the conventional wisdom holds that dealing with environmental problems now will generally cost less

单项选择题 案例分析题