问题 多项选择题

甲与乙婚后购买一套房屋,产权证载明所有权人为乙。后双方协议离婚,约定房屋赠与女儿,甲可以居住房屋至女儿满18岁,但未办理房屋所有权转移登记。不久,乙与丙签订抵押借款协议,将房屋抵押给丙,2007年10月8日丙取得市房产局发放的房屋他项权利证书。2008年11月7日,丙在联系不到乙的情况下,找到甲并出示相关抵押材料和证书,甲才获知该房屋已被抵押的情况,甲于2008年11月8日要求市房产局解决。但是房管局以法律没有规定解决期限为由,迟迟不给甲得到答复。甲以房产局不作为为由提起行政复议,要求房管局履行法定职责。

如果甲提起诉讼后,对法院作出的生效判决不服,欲提起审判监督程序,根据《行政诉讼法》的规定,提起审判监督程序必须具备以下条件( )。

A.提起审判监督程序的主体可以为作出具体行政行为的上级行政机关

B.提起审判监督程序的主体可以为原审人民法院院长

C.提起审判监督程序的主体可以为人民检察院

D.存在主要证据不足的情形

E.存在违反法定程序,可能影响案件正确裁判的情形

答案

参考答案:B,C,D,E

解析: 本题考核行政诉讼中审判监督程序的条件。提起审判监督程序必须具备以下条件: (1)提起审判监督程序的主体必须是有审判监督权的组织或专职人员,包括原审人民法院院长、上级人民法院和人民检察院。(2)必须具备法定理由:主要证据不足;适用法律、法规确有错误;违反法定程序,可能影响案件正确裁判;其他违反法律、法规的情形。

判断题
阅读理解

阅读理解

     It was in 1865 that two Frenchmen were looking into the future. Edouard de Laboulaye, who studied

history, admired the United States greatly. Frederic Auguste Bartholdi was a famous artist. De Laboulaye was thinking about 1876, when the country he respected so much would celebrate its 100th birthday.

What gift would be good enough for the people of France to give? Right away, Bartholdi thought of a

giant statue.

     Bartholdi kept thinking about a statue for several years. Then, in 1871, he visited the United States

and saw the perfect place for a huge statue. It was Bedloe's Island in New York.

     The project - the Statue of Liberty - got started almost immediately, and Bartholdi went home to

France to begin work. However, the statue was not finished in time for the 100th birthday. The United

States Congress approved (批准) the use of Bedloe's Island on February 22, 1877. During the 100th

celebration in 1876, the arm of the statue that would hold the torch was shown in Philadelphia. In 1879

the huge head was put on display in France. For the face of the statue, Bartholdi used his mother as a

     The statue was finally completed in 1884. The work had been difficult enough, but then some really

hard work began. The statue had to be taken apart and packed into boxes. It was not until May 1885

that the statue - in pieces - left France for its new home.

     The statue arrived in June. However, the Americans fell behind on their part of the project. They

hadn't raised enough money for building the base of the statue. People wondered if the country really

needed or wanted such a gift. Finally, though, the money was raised and the base was completed. The

last piece of the statue was put in place on October 28, 1886.

1. What's the right order of the following events?

a.The arm of the statue that would hold the torch was shown in Philadelphia.

b. The United States Congress approved the use of Bedloe's Island.

c. The huge head of the statue was put on display in France.

d. Bartholdi visited the United States.

A. d a b c

B. d b a c

C. b a c d

D. b d a c

2.When did the work on the statue begin?

A. As soon as Bartholdi thought of it.

B. After the United States Congress agreed to it.

C. After Bartholdi saw Bedloe's Island.

D. Not until the US had raised enough money.

3.What happened after the Statue of Liberty was completed?

A. It was put together for shipping.

B. It was taken apart and packed for shipping.

C. It was cleaned up for shipping.

D. It was put in place on its base in France.