问题 问答题 案例分析题

钱某为谋工厂机修车间修理工。一天,钱某接到另一车间全某送来的报修单。要求钱某为其修理出了故障的设备。钱某将报修单交给了车间主任,并转告车间主任,全某要求第二天就将故障设备修好。车间主任对钱某说:你不用听他指挥,你由我来安排工作任务。并给钱某安排了其它工作任务,而没有同意钱某去为全某修理设备,也没有安排其他人去修理全某的设备。第三天,全某找到钱某,问为什么没有将他那台出了故障的设备修好。钱某回答,车间主任要求他先修别的设备,并说他听自己的车间主任的安排,要求全某有什么问题可以去找其车间主任谈。全某不满钱某的回答,开口就骂并动手打了钱某,两人就撕打起来。结果钱某被全某打成重伤。全某因故意伤害罪被判处有期徒刑五年。其后,钱某向当地劳动保障行政部门提出工伤认定申请。在规定时间内,该劳动保障行政部门对钱某的申请做出了不认定为工伤的决定。不认定的理由有二:一是钱某所受伤害系由全某殴打所致,不符合《工伤保险条例》第十四条规定应当属于工伤的情形;二是,钱某与全某在工作时间内打架,违反了工厂规定的劳动纪律,也违反了劳动法第三条第二款有关劳动者应该遵守劳动纪律的规定。因此,钱某所受伤害是违法行为所致。钱某不服当地劳动行政保障部门的认定,向上级劳动行政保障部门申请行政复议。

受理行政复议的上级劳动保障行政部门应做出什么决定?

答案

参考答案:

上级劳动保障行政部门应改变下级劳动保障行政部门的认定,确认钱某系工伤

阅读理解

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第三部分:阅读理解

第一节:(共20小题;每小题2分,满分40分)

阅读下列短文,从每题所给的四个选项中,选出最佳选项。

Liu Qian, a magician from Taiwan, cast his spell(魔法)over an audience of thousands on the CCTV Spring Festival Show. Die-hard fans are still trying to work out the secrets behind many of the tricks he performed.  

But Liu, 32, when asked, laughed off the idea that there might be an “answer” to his magic. “The most fascinating thing is the puzzling process. People enjoy how magicians make the impossible come true,” said Liu.

Few people today believe in the possibility of real magic. They also often fail to consider magicians’ devotion to their art. It can take a magician years’ of practice to perfect a trick before he performs it on stage.

Part of Liu’s star appeal is his astonishing skill. However, when he began in the industry, he was all embarrassingly clumsy. “I could practice thousands of times for one single act. It wasn’t much fun,” he said.

No magician’s supernatural powers on stage extend to their life off stage. Liu says his life was no easier or funnier because he was a magician.

He developed an interest in magic at a young age, but didn’t consider making a living out of it until he graduated from university. He had studied Japanese and found himself unable to find a job. “My parents never considered being a magician as a proper job. To begin with, I had little confidence I would be doing this in the long term,” he said.

Yet Liu felt a powerful calling to become a magician. “For many people, magic somehow means a miracle, which is something we all secretly wish for no matter how hard-bitten we become,” he said.

Liu may be right. A popular modern dream is of the fairy godmother, who waves her magic wand(魔杖) and makes our dreams come true. But according to Liu, we all have the power to create magic in our lives. As Liu puts it: it’s not the magic that makes it work;it’s the way we work that makes it magic.

56. According to the passage, we can tell that __________.

A. being a famous magician, Liu Qian leads a comfortable life

B. it is a hard job for magicians to perform magic tricks well

C. Liu Qian’s parents supported his wish to be a magician

D. Liu Qian showed great talents for magic tricks when he first took it up

57. Talking of whether there’s real magic, Liu Qian believes _________.

A. there is no real magic and what counts in our life is the way we work

B. if we secretly wish for something, magic will turn out to be a miracle

C. the puzzling process of performing magic tricks is the answer to magic

D. there exists a fairy godmother waving her magic wand to make our dreams come true

58. Which of the following is similar to the underlined sentence in meaning?

A. All roads lead to Rome.       B. A miss is as good as a mile.

C. Every dog has his day.        D. No pains, no gains.

59. What is the best title for the passage?

A. Magic Power by Liu Qian       B. The Magic Skill

C. A Popular Magician---Liu Qian   D. How to Be a Successful Magician

选择题