问题 单项选择题

因甲公司不能偿还到期债务,贷款银行向法院提起民事诉讼。2004年6月7日,银行在诉讼中得知市发展和改革委员会已于2004年4月6日根据申请,将某小区住宅项目的建设业主由甲公司变更为乙公司。后银行认为行政机关的变更行为侵犯了其合法债权,于2006年1月9日向法院提起行政诉讼,请求确认市发展和改革委员会的变更行为违法。下列关于起诉期限的哪种说法符合法律规定( )

A.原告应当在知道具体行政行为内容之日起5年内提起行政诉讼
B.原告应当在知道具体行政行为内容之日起20年内提起行政诉讼
C.原告应当在知道具体行政行为内容之日起2年内提起行政诉讼
D.原告应当在知道具体行政行为内容之日起3个月内提起行政诉讼

答案

参考答案:D

解析: 行政诉讼的起诉期限
[详解] 根据《行政诉讼法》第39条、《行诉解释》第41条和第42条规定,在本题中,银行不是发改委所作具体行政行为的相对人,行政机关没有义务告知其诉权和起诉期限,所以银行的起诉期限应适用《行政诉讼法》第39条的规定。D正确。

阅读理解

One of the best-loved American writers was William Sydney Porter, or O.Henry. From 1893 he lived with his family in a house in Austin, Texas, which is now a museum. Visitors to Austin can see the house. It was saved from destruction (破坏) and turned into a museum in1934. The museum is a good way to learn about the interesting life of the American writer.

William Porter rented this house in Austin and lived there with his wife Athol and daughter Margaret for about two years. Many objects in the museum belonged to the Porters. Others did not. An important piece in the room is the original photograph over here. It was taken there in the house about 1895. The piano there goes back to the 1860s. His wife took lessons on it when she first moved to Austin.

Porter did not start his career as a successful writer. He worked at a farm, land office and bank. He also loved words and writing. The museum has a special proof of Porter’s love of language --- his dictionary. It is said that he had read every word in that dictionary.

Later William Porter was forced to leave Austin because he was charged with financial wrongdoing at the bank and lost his job. Because he was afraid of a trail (审判), he left the country secretly. But he returned because his wife was dying. After her death, he faced the trial and became a criminal. He served three and a half years in a prison in Ohio.

William Porter would keep his time in prison a secret. But there was one good thing about it. It provided him with time to write. By the time he was freed, he had published 14 stories and became well known as O.Henry.

Porter later moved to New York City and found great success there. He published over 180 stories in the last eight years of his life.

小题1:O.Henry’s house in Austin has been well kept up till now so that ____.

A. Americans can explore their history

B more visitors will be attracted to Austin

C. visitors can learn about O.Henry’s life

D. it can show the way of life in the 1860s

小题2:What do we know about the piano in the house?

A.It was hated by Porter’s daughter.

B.It has a long history of about 150 years.

C.Porter’s wife gave music lessons on it.

D.Porter usually created music on it.小题3:How does the museum prove (证明) Porter was fond of language?

A.With a dictionary he used.

B.With the records they keep.

C.Using the books they wrote.

D.Using the photograph they keep.小题4:Why did Porter escape from Austin?

A.He didn’t want to lose his job.

B.He didn’t want to make trouble.

C.He meant to save his wife’s life.

D.He was charged with a crime.小题5:From the last two paragraphs we know that _______.

A.Porter became famous suddenly

B.Porter spent his time in prison writing

C.Porter suffered a lot from his time in prison

D.life in prison provided what he could write for Porter

问答题 简答题