问题 单项选择题

下列哪一选项不属于行政诉讼的受案范围( )

A.因某企业排污影响李某的鱼塘,李某要求某环保局履行监督职责,遭拒绝后向法院起诉
B.某市政府发出通知,要求非本地生产乳制品须经本市技术监督部门检验合格方可在本地销售,违者予以处罚。某外地乳制品企业对通知提起诉讼
C.刘某与某公司签订房屋预售合同,某区房管局对此进行预售预购登记。后刘某了解到某公司向其销售的房屋系超出规划面积和预售面积房屋,遂以某区房管局违法办理登记为由提起诉讼
D.《公司登记管理条例》规定,设立公司应当先向工商登记管理机关申请名称预先核准。张某对名称预先核准决定不服提起诉讼

答案

参考答案:B

解析:[考点] 行政诉讼受案范围
[详解] A选项中,李某要求某环保局履行监督职责遭拒绝,环保局即是以不作为的形式作出的具体行政行为。根据《行政诉讼法》第11条第(5)项的规定,申请行政机关履行保护人身权、财产权的法定职责,行政机关拒绝履行或者不予答复的,人民法院应当受理。B选项中,市政府的通知属于行政机关制定的具有普遍约束力的、能够反复适用的命令,是一种抽象行政行为。根据《行政诉讼法》第12条第(2)项的规定,行政法规、规章或者行政机关制定、发布的具有普遍约束力的决定、命令不属于行政诉讼的受案范围。C选项中,区房管局办理的预售预购登记是对刘某与某公司之间预售预购法律关系的确认,是一种具体行政行为,属于行政诉讼的受案范围。D选项中,工商登记管理机关针对张某作出的预先核准决定是对“特定事项与特定人”作出的处理,是一种具体行政行为,属于行政诉讼的受案范围。故本题的正确答案是B。

多项选择题 案例分析题
阅读理解

阅读理解。

     People in the United States honor their parents with two special days:Mother's Day, on the second

Sunday in May, and Father's Day, on the third Sunday in June. These days are set aside to show love

and respect for parents. They raise their children and educate them to be responsible (有责任感的)

citizens. They give love and care. These two days make us think about the changing roles of mothers

and fathers. More mothers now work outside the home. More fathers must help with child care.

     These two special days are celebrated in many different ways. On Mother's Day people wear

carnations. A red one symbolizes a living mother. A white one shows that the mother is dead. Many

people attend religious services to honor parents. It is also a day when people whose parents are dead

visit the cemetery(墓地).On these days families get together at home, as well as in restaurants. They

often have outdoor barbecues for Father's Day. These are days of fun and good feelings and memories.

     Another tradition is to give cards and gifts. Children make them in school. Many people make their

own presents. These are valued more than the ones bought  in stores. It is not the value of the gift that is

important, but it is "the thought that counts". Greeting card stores, florists, candy makers, bakeries,

telephone companies, and other stores do a lot of business during these holidays.

1.Which of the following is NOT a reason for children to show love and respect for parents?

A. Parents bring up children.          

B. Parents give love and care to children.

C. Parents educate children to be good persons.  

D. Parents pass away before children grow up.

2.What do you think "florists" do?

A. They sell flowers.                        

B. They make and sell bread.

C. They offer enough room for having family parties.

D. They sell special gifts for Mother's Day and Father's Day.

3.Which do you think is right about "carnation"?

A. It has only two kinds of colors.

B. It refers to the special clothes people wear on Mother's Day or Father's Day.

C. It's a kind of flower showing love and best wishes.

D. People can wear carnations only on the second Sunday in May.

4. What do you know from the passage?

A. Mother's Day and Father's Day are both in May.  

B. Fewer women worked outside the home in the past.

C. Not all the children respect their parents          

D. Fathers are not as important as mothers at home.

5. On Mother's Day and Father's Day,      .

A. people usually have family parties          

B. everyone goes to visit the cemetery

C. children always go to parents' home    

D. hand-made cards are the most valuable gifts