问题 问答题

2012年1月27日,王某携带赌具邀集刘二、张三等10人在酒店聚众赌博。某市西城区潘阳街派出所接群众举报后,当场抓获了全部参赌人员。据此,派出所以区公安分局的名义对刘二、张三等10人作出了没收赌资,并处每人罚款2万元的处罚决定,对王某作出了没收赌具、赌资,罚款2万元,并处行政拘留10天的处罚决定。
问:(1)本案中派出所以区公安分局的名义对行政相对人作出的行政处罚是属于人身自由罚、行为罚、财产罚,还是声誉罚
(2)本案是否违反《行政处罚法》中的一事不再罚原则为什么

答案

参考答案:(1)派出所以区公安分局的名义对刘二等10人作出的没收赌具、赌资,每人罚款2万元的行政处罚属于财产罚;对王某作出没收赌具、赌资,罚款2万元的行政处罚属于财产罚;对王某作出行政拘留10天的处罚属于人身自由罚。
(2)本案没有违反一事不再罚的原则。《行政处罚法》第24条规定,对当事人的同一违法行为,不得给予两次以上罚款的行政处罚。本案对同一当事人的同一违法行为,给予没收赌具、赌资以及罚款的处罚,并不是给予两次以上罚款的行政处罚。

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Governments and health officials around the world continued to take steps Tuesday against the outbreak of swine flu that has killed scores of people in Mexico and spread to the U.S., Europe and possibly Asia.

By early Tuesday, the swine flu outbreak in Mexico had caused in 152 deaths and more than 1,600 illnesses. So far, at least 113 cases have been proved worldwide, including 64 in the United States; six in Canada; 11 in New Zealand and two each in Spain the United Kingdom and Israel. None has yet resulted in death.

The World Health Organization on Monday raised its alert level from three to four on its six-level scale. The move means the U.N. agency has determined that the virus can transmit from human to human.

"In this age of global travel, where people move around in airplanes so quickly, there is no region to which this virus could not spread," said Fukuda, assistant director-general of the WHO.

Governments around the world struggled to prevent further outbreak. Some, like China and Russia, banned pork imports from the United States and Mexico. U.S. President Barack Obama said the outbreak was a cause for concern, not for alarm. The government urged travelers to avoid non-essential travel to Mexico.

The latest WHO report listed only seven proved swine flu deaths in Mexico but it was not clear why there was the discrepency.

Mexico City has closed all schools until at least May 6 to help curb(control) the spread of swine flu and ordered 35,00 public venues to close or serve only takeaway meals. In addition, bars, clubs, movie theaters, pool halls, gyms, sport centers and convention halls have been told to close until May 5. Armed police officers are also guarding hospitals in Mexico City while roads and schools in the city of 20 million people are deserted. Officials also have talked about shutting down the bus and subway systems.

57.How many people were found catching swine flu in Spain?

A. 2.           B. 11.      C. 6.           D. 64.

58.When learning the outbreak of swine flu, the WHO was ____.

A. calm     B. nervous  C. shocked  D. careful

59. Fukuda’s words suggest that _____.

A. he likes travel by air

B. global travel hasn’t been affected

C.this virus can spread quickly because of global travel

D. planes must be forbidden to take to prevent swine flu

60.The last paragraph mainly tells us _____.

A. Mexico has taken measures to control swine flu

B. Mexico City is too dangerous to live in

C. the normal life in Mexico has been changed

D. people in Mexico are badly in need of help