问题 多项选择题

运输公司指派本单位司机甲运送白灰膏。由于泄漏,造成沿途路面大面积严重污染。司机发现后立即向公司汇报。该公司即组织人员清扫被污染的路面。下列说法正确的是( )。

A.路面被污染的沿途三个区的执法机关对本案均享有管辖权,如发生管辖权争议,由三个区的共同上级机关指定管辖

B.对该运输公司应当依法从轻或者减轻行政处罚

C.本案的违法行为人是司机甲

D.本案的违法行为人是该运输公司

E.本案的违法行为人是该运输公司和司机甲

答案

参考答案:B,D

解析: 行政处罚由违法行为发生地的县级以上地方人民政府具有行政处罚权的行政机关管辖。对管辖发生争议的,报请共同的上一级行政机关指定管辖,选项A的说法不是非常准确,不是共同上级机关,而是共同上一级机关指定管辖。根据《行政处罚法》的规定:当事人有下列情形之一的,应当依法从轻或者减轻行政处罚(1)主动消除或者减轻违法行为危害后果的; (2)受他人胁迫有违法行为的;(3)配合行政机关查处违法行为有立功表现的;(4)其他依法从轻或者减轻行政处罚行为的。违法行为轻微并及时纠正,没有造成危害后果的,不予处罚。本案中该运输公司立即采取措施主动消除危害后果,应当从轻或者减轻处罚。司机甲在本案中是执行运输公司的任务,并不是其个人行为,因此应由公司承担责任,故本题答案为BD。

单项选择题
单项选择题

More than any other industry, the luxury-goods business needs people to feel good about spending money. So at a recent conference in Moscow, Bernard Arnault, the head of Moet Hennessy Louis Vuitton (LVMH), the world’s biggest luxury-goods group, went to great lengths to dismiss investors’ fears about the impact on the industry of America’s credit crisis, a possible recession and the weak dollar. Indeed, Mr. Arnault said he expects the industry’s sales almost to double in the next five years, thanks to p demand from emerging markets and the creation of new wealth across the globe.

After a depressing period at the beginning of the decade when the terrorist attacks in America, the outbreak of SARS and the war in Iraq reduced international travel and people’s appetite for frivolous things, the industry has had three excellent years. According to Bain, a consultancy, sales of luxury goods grew by 9% in 2006 to 159 billion ($ 200 billion) and will reach about 170 billion this year, which would double the 1996 figure. Europe remains the biggest market, with about 40% of sales, though the pest growth is in China, Russia, the Middle East and some Latin American countries.

Can the industry really double again in half the time Analysts at Citigroup say that Christmas will be good this year for luxury-goods firms, but they are more cautious about next year because of worries about falling demand in America. It is tempting to think that luxury goods are isolated from the broader economy, because customers are rich enough to ignore it, says Luca Solca, a luxury-goods analyst. But the industry’s expansion into a broader "aspirational" market, by selling to the merely affluent, makes it susceptible.

And as luxury firms expand in Asia and the Americas, they will continue to suffer currency woes. Most of the industry’s production is in the euro-zone, mainly in France and Italy. Even the optimistic Mr. Arnault complained at his firm’s recent annual meeting that the euro had reached "incomprehensible" levels against the dollar and the yen. Luxury companies could shift more of their production to countries with weaker currencies and cheap labor (ie, China), but some customers-especially Asian customers-want the elitism and craftsmanship associated with products manufactured in Europe.

At least sales in emerging markets are growing fast. But Melanie Flouquet, a luxury analyst at JPMorgan, an investment bank, says that this growth is not enough to offset a slowdown in America. Chinese and Russian consumers account for around 7% and 4% of global luxury sales respectively, compared with 16-18% for Americans. Even so, European firms are sticking to their plans in New York, America’s fashion capital. Gucci will open its biggest shop in February in Trump Tower, a shiny skyscraper on New York’s Fifth Avenue. Ermenegildo Zegna will also open a shop on Fifth Avenue next year. And this week Dolce & Gabbana re-opened its spruced-up shop on Madison Avenue.

Claudia D’ Arpizio of Bain thinks luxury makers need to follow Giorgio Armani and segment their customers more carefully with different product lines at different price ranges. She predicts that the industry will see solid growth rates of up to 10% a year in the near term. This means that the industry could double in ten years-by which time China is likely to account for more than a quarter and maybe as much as a third of the world’s consumption of luxury goods. Yet Mr. Arnault’s rosy prediction seems unlikely to come true. As Americans tighten their purse-strings, over-optimism is a luxury even this industry cannot afford.

What does the "broader ’ aspirational’ market" refer to in the text()

A. Newly developed markets such as Asia

B. Markets with customers being merely affluent

C. Markets in developing countries

D. New market in European and American countries