问题 多项选择题

某电镀厂长期向下游的王村集体鱼塘排放所用废水,致使该村损失严重。王村村委会向区环保局提出申请,要求电镀厂停止排放废水并赔偿损失,区环保局在规定期间内未予答复。王村村委会又向市环保局申请行政复议。2008年4月16日,市环保局对电镀厂作出立即停止排放废水、罚款3万元、赔偿王村损失5万元的决定。电镀厂未依法提起行政诉讼,也没有履行市环保局的决定。在2008年11月1日之前,有关行政机关一直没有采取进一步的措施使化工厂履行市环保局的决定。在此情形下,王村村委会可以采取的措施有( )。

A.直接要求区环保局履行法定职责

B.申请人民法院强制执行市环保局关于电镀厂赔偿5万元的决定

C.申请人民法院强制执行市环保局的决定

D.向人民法院提起行政诉讼,要求市环保局履行法定职责

答案

参考答案:B,D

解析:对于市环保局作出的决定,王村村委会可以直接要求市环保局,而不是区环保局履行,选项A错误。针对市环保局作出的处罚决定和赔偿决定,法定期间内电镀厂不复议也不起诉的,该决定为生效的具体行政行为。如果有关机关不履行决定的内容,当事人可以直接要求市环保局履行法定职责,或向人民法院提起行政不作为诉讼,要求作出处罚决定的市环保局履行法定职责。针对决定内容中的赔偿决定,即电镀厂赔偿王村5万元的决定,属于行政裁决的内容,根据《行政诉讼法解释》第九十条的规定,村委会可以在市环保局申请法院执行的期限届满后90天内申请执行;但对其处罚决定和内容则只能通过诉讼要求履行,而不能直接申请法院强制执行。故本题正确答案为B、D。

阅读理解

阅读理解。

     We have all experienced days when everything goes wrong. A day may begin well enough, but suddenly

everything seems to get out of control. It seems as if a single unimportant event may cause a number of

things to happen. Let us suppose that you are preparing a meal and keeping an eye on the baby at the same

time. The telephone rings and this means your troubles are beginning. While you are on the phone, the baby

pulls the table-cloth off the table, destroying your half prepared meal. You hang up hurriedly and attend to

your baby. Meanwhile, the meal gets burnt. As if this were not enough to bring you to tears, your husband

arrives, unexpectedly bringing three guests to dinner.

     Things can go wrong on a number of people on the road. During the rush hour one evening two cars hit

each other and both drivers began to argue. The woman driver behind the two cars happened to be a learner.

She suddenly go into a panic (恐慌) and stopped her car. This made the driver following her stop suddenly.

His wife was sitting beside him holding a large cake. As she was thrown forward, the cake went right through

the window and landed on the road. Seeing a cake flying through the air, a truck-driver had to stop his truck

all of a sudden. The truck was carrying empty beer bottles and hundreds of them slid off the back of the truck

on to the road. This led to yet another angry argument. Meanwhile, the traffic piled up behind. It took the police

nearly an hour to get the traffic on the move again. In the meanwhile, the truck-driver had to sweep up hundreds

of broken bottles. Only two dogs were enjoying themselves from the accident, for they were happily having

what was left of the cake. It was just one of those days!

1. According to the author's opinion, _____. [ ]

A. a small matter may cause great trouble

B. accidents may happen anytime

C. troubles always come in groups

D. anyone may have trouble any day

2. When the telephone rings, _____. [ ]

A. you'd better have your baby a little distant from your table before answering it

B. your trouble is sure to come

C. you'd better just let it ring all the way

D. you should never go to answer it in a hurry

3. What did the police do after the accident? [ ]

A. They helped the driver clean up the road.

B. They helped the drivers to go on with their journey.

C. They tried to stop the people from arguing.

D. They would find out who should be responsible

4. From the story we can see _____. [ ]

A. such accidents are rather common

B. such accidents are rather strange

C. no one can explain why such accidents happen

D. some drivers are too careless

名词解释