"Administrative law and administrative procedure law"

The first chapter outlines the administrative law

A, multiple choice questions (in the alternative answer only one is correct, the choose and its label written in brackets)

1 in general, (  ) is the administrative law relations necessary party.

A. citizens, legal persons and other organizationsB. administrative subject C. social organization  D. business unit

The object of administrative law is to adjust (2  ).

A. administrative relationship

B. administrative legal relationship

The relationship between C. administrative power and other powers

The relationship between D. administrative relative party

The origin of the administrative law does not belong to 3 the following normative legal document is ().

A. constitution  B. lawC. administrative rules and regulationsD. routine

4 administrative law (  ).

General A. various administrative regulations

General B. administrative system of administrative legal norms

General C. administrative legal norms

General D. administrative regulations

5 of the executive power is an important component of state power, the administrative power comes from ( ).

A. State Council

B. the Constitution and the law

C. administrative authority

D. superior administrative organ

True 6 the following narrative about administrative law is the (characteristics).

Can A. administrative law enact a complete, unified code

The number of legal documents B. administrative regulations Fanlai in the presence of a special, in the Department of law of the first  

C. administrative law and general law. It has strong stability

Program law and entity law D. administrative law separately into different legal departments

7 administrative relations (  ).

The relationship between A. formation process of administrative law in certain social relations

Between the B. administrative relative party rights, obligations

Distribution, C. in the administrative power and the use of the supervision of administrative power in all kinds of social relations

All the social relationship between D. state administrative organs to participate in social activities by forming

8. the following about administrative power of understanding, which is not correct? (  )

A. national power is a kind of can compel others to obey the power

B. national administrative power is the unity of powers and duties

C. national administrative power can only be for the state administrative institute

D. is a kind of national administrative power must be controlled power

An important feature of administrative law is (9).

A. does not have a unified codeB. has a unified code

C. China does not have a unified code, but many countries have a unified method

D. China is a unified code, but many countries do not have a unified method

Two, multiple choice questions (in the alternative answer in two to four is correct, all be selected and their label written in brackets)

The origin of administrative law have (1  ).

A. law  B. Community CharterC. regulations  D. conventions

2 the nature of administrative law as the standard, the administrative law can be divided into ().

A. administrative organization law  B, substantive administrative law C. administrative law  The D. procedure of administrative law

3 as the sources of administrative law including (legal interpretation  ).

A. legislative interpretation  D. judicial interpretationC. administrative interpretation  D. local interpretation

4 administrative power relative to the rights of the individual social organizations, citizens, with ().

A. mandatory  B, unilateralC. benefits  D. equivalence

5 main legal relationship can be (  ).

A. authority  B. judicial organsC. audit  D. administrative organs

6 as the administrative legal relation object can be ().

A. B. spiritual wealthThe behavior of C.D. rights and obligations

The relationship of the 7 provincial health department in accordance with the "Drug Administration Law" on the drug company management and the formation of, is (  ).

A. administrative relationship  B, the administrative legal relationshipThe relationship between C. internal administrative law  The relationship between D. external administrative law

8 which of the following statements which is the inherent meaning of the principle of administrative legality? ()

A. administrative activities only in the legal scope, in accordance with the law

The B. contents of administrative act must be in accordance with the law

The C. procedure of administrative act must be in accordance with the law

D. administrative behavior must comply with the principles of Justice

The specific requirements of the principle of rationality is (9  ).

The A. administrative rights based on the law

B. administrative act should be established on the basis of proper consideration

The C. contents of administrative act should be reasonable

D. administrative act shall be in accordance with the administrative purpose

 

Three, determine the title

1 administrative refers to all the activities of administrative organs.  (  )

2 subject of administrative legal relationship is also known as the subject of administrative law, refers to the enjoyment of the rights, obligations of the administrative legal relationship in specific parties.  (  )

3 administrative power not only plays a positive role in maintaining social order, promoting the public interest and guarantee citizens, legal persons or other organizations of the legitimate rights and interests, but also the negative or destructive effect: the violation of the legitimate rights and interests of the relative party, damage the public interests, undermine social order.  ( )

4 administrative power from the Constitution and the law, no confirmation of the Constitution and the law or set, administrative power will lose the reasonable basis for the existence and exercise.  (  )

5 all state powers are directly or indirectly from civil rights, authority is a special form of rights. ()

The relationship between 6 administrative main body and the administrative relative party formed, Fang Quanli realized, require the other party to fulfill corresponding obligations, rights and obligations of the two parties is balanced on the whole. ( )

7 in administrative law refers to public administration. (  )

8 administrative legal relationship is the administrative relationship. ()

The 9 principle of administrative legality of the "law" refers only to the Constitution and the law. ()

10 subject of administrative legal relationship may stipulate the rights and obligations. ()

11 subject of administrative legal relationship of rights and obligations between the parties is basically equal.(  )

Four,      Case analysis

Staff of a large TV factory Zhang Department, in 1998 the factory housing distribution is not included in the rooming list, Zhang dissatisfied, to the TV factory as a defendant, bring an administrative lawsuit to the people's court. The people's court think, the defendant is not qualified, the prosecution dismissed zhang.

Please think about: Court processing is correct? Why? (considering the scope of administrative law)

 

 

 

The second chapter subject of administrative legal relationship

A, multiple choice questions (in the alternative answer only one is correct, the choose and its label written in brackets)

1 the following organization belongs to the administrative organ of the state is (  ).

The A. National People's Congress and its Standing Committee  B. C. court, procuratorate of the people's governments at all levels  D. social groups

The 2 tax is (  ).

A. agency B. general authority of administrative C. agencies D. integrated management authority

3 which of the following is not a civil servant (?)

Director General of the A. Government Public Security Department  B, City Hall drivers

Dean C. County People's court  Director of the Standing Committee of National People's Congress D. County

4 of China's State Council ministries, commissions establishment, cancellation or merger, (according to law shall be made  ).

A. the National People's Congress decided to  Premier of the State Council D.

 C. executive meeting of the State Council decided to  D. plenary meetings of the State Council decided to

5 which of the following is the functions of the State Council organs (?  )

A. Construction Bank ChineseB. auditC. central Patriotic Health Campaign CommitteeD. the State Language Work Committee

6 which of the following is a right of civil servants? ( )

A. dismissal  B. resignedC. removal  D. demotion

7 in our country, which of the following is the state administrative organs (?  )

A. State Council  B. Central Military Commission

C. National People's Congress Standing Committee  D., the Supreme People's Procuratorate

The State Council is in China (8 ).

A. the Central People's GovernmentThe highest organ of state judicial B.C. is the highest organ of state power of D. is the highest organ of state

9 the General Administration of Customs (belonging to the State Council  ).

A. function  Institutions directly under the B.C. offices  D. centralized management mechanism

10 China's Autonomous Region People's Government (autonomous region  ).

A. area of responsibility  B. ChairmanC. government committee responsible system  Director D. government committee responsible system

11 the following sanctions form belongs to administrative sanctions have (  ).

A. fine  B. shall be ordered to stop businessC. confiscated  D. expelled from office

12 for the illegal acts of civil servants, shall (  ).

A. shall be given administrative sanctions  B. file an administrative lawsuitC. convert their jobs  D. fined

 

Two, multiple choice questions (in the alternative answer in two to four is correct, all be selected and their label written in brackets)

1 the following administrative authority is ().

The power to formulate the A. rulesB. the right of investigation C. power of TaxationD. military command

2 can become administrative body is ( ).

A. B. authorized administrative laws and regulations, group C. received administrative organizations entrusted by D. civil servants

3 is the administrative jurisdiction are ( ).

A. administrative mediation right  B. administrative arbitrationC. administrative jurisdiction  D. the authority of administrative reconsideration

4 the administrative entrustment and administrative authorization is the frequent occurrence of administrative activities, the comparison of the two is correct ().

A. causes different

B. was commissioned and was authorized to different objects

The C. produced by different legal consequences

The implementation of D. have independently bear legal consequences of behavior

The Department of Justice (belonging to 5  ).

A. collegiate system of administrative organs  B. professional authorityInstitutions directly under the State Council of C.  D. integrated management authority

The 6 agencies in China, which belongs to the local government (? )

A. administrative office  B. District OfficeC. Street Office  D. township government

7 the following options which do not have the qualification of administrative subject? ( )

A. accepts the Township People's government to engage in family planning management of the village committee

B. Tax Bureau Inspection Team

C. the State Administration for Industry and Commerce Trademark Review and Adjudication Board

The administrative reconsideration office D. City Hall

8 which of the following items belong to administrative sanctions for civil servants (? )

A. degradation  B. removalC. dismissal  D. removal

China's State Council (9  ).

A. is the Central People's Government B. is the general administrative organsThe prime minister is in charge of the C.  D. implementation of executive meeting responsibility system

 

Three, determine the title

1 when the civil servants do not perform or not perform their statutory obligations, must undertake certain legal consequences. ()

2Administrative organs and civil servants are closely related, together constitute the subject of administration. ()

3 socialist countries all state power belongs to the people, the administrative organ produced by the authority, is the executive organ of the state power, the exercise of national administrative power, to the national authority responsible for reporting.   (  )

4 administrative organs have wide discretion within the limits prescribed by law, law enforcement initiative and creative.    (  )

5 in general, individual could not be the subject of administration, the administrative subject should be the state administrative organs or the authorized organization.   (  )

6 administrative institutions can not be independent in its own name to exercise administrative power. But in many circumstances, it can be in accordance with the laws, administrative regulations mandate.    (  )

 One of the 7 administrative licensing and administrative entrustment of the same point is that it is the organization or individual without administrative authority can exercise of administrative powers must according to law.   )

Object 8 administrative authorization is the non administrative powers of social organization, even if the authorized organization of administrative subject qualification obtained.  (  )

 

Four, case analysis

In recent years, Shandong Province, a village in Changyi, the land has been requisitioned due to city construction, the village committee in the land requisition compensation and living subsidies evenly distributed to the villagers. But the accounts remain in the village to pay a 16 married women did not have the appropriate amount of money. 2002 year in August, 16 married women are administrative proceedings to the court, require Wei issued land compensation fees of $9000 and in 2001, 2002 years of living expenses 800 yuan, a total of 9800 yuan. Wei to compensation payment by Party members meeting, the plaintiff agreed to the parents and three points of reasons in accordance with the regulations put forward to rejoin. Court think, the defendant as the organization authorized by law, not only on the area of collective land to the exercise of the right of management, but also enjoy the right to manage the land compensation fees, is the expropriation of land income subsidy for resettlement, the resettlement shall not need, the land compensation fee and by reducing land living allowance to be paid. The plaintiff as the village, agriculture accounts, and other villagers should enjoy equal distribution of benefits. The defendant does not grant the land compensation fees and living expenses had no legal basis, should be corrected. The plaintiff asked Wei replacement land compensation fees and living expenses claims shall be supported. Accordingly, the court according to the "PRC Land Management Law" article tenth, article forty-seventh, "the PRC Land Management Law," "Regulations for the implementation of article twenty-sixth of the people's Republic of China Women's rights protection law" the provisions of article thirtieth, respectively, by the village appoint to judgment: 16 married women for the land compensation fees and living expenses.

I would like to ask: in this case, the village committee to belong to which kind of the administrative subject?

 

 

 

 

The third chapter of administrative behavior

A, multiple choice questions (in the alternative answer only one is correct, the choose and its label written in brackets)

1 the following administrative behavior, (  ) is both administrative behavior.

A. administrative punishment  B. administrative contract

C. administrative entrustment  D. administrative reconsideration

2 public security organs personal constraints on alcoholism forced human behavior, rules are (  ).

The entry into force of the conditions attached to A.  B. told the effect  C. take effect  D. immediately

Exercise the power of administrative organs (3  ).

The A. shall obtain the consent of the other party's consentB. by the national compelling force to safeguard

C. must be confirmed by the judicial organs The D. can only accept supervision authority and judicial

4 if the executed administrative enforcement actions are illegal or improper, it ().

A. of the original administrative organ has no right to abolish  B. only authority has the right to cancel

C. of the original administrative organ and administrative organ at a higher level have the right to cancelD. shall have the right to change

5 a tax behavior which belongs to administrative behavior (behavior  ).

A. levy taxes  B. buy office supplies behavior

The behavior of C. rental housing office  D. distribution inside the car behavior

6 an administrative department shall exercise the other department to exercise authority, which belongs to the ().

A. beyond the terms  B. breach of privilege

C. administrative tort  D. delay to perform the duties of the Department of

The specific administrative acts performed by the administrative organ shall apply to the 7, two administrative regulations and apply only one administrative regulations is (  ).

A. breach of privilege  Legal, regulations are applicable to the B. error

C. the main facts are not clear  D. violation of legal procedure

The 8 Business Department of business management behavior is (  ).

The administrative behavior of A. passive  The administrative behavior of the B. initiative

C. non administrative action initiative  D. may not have administrative behavior

9 social organizations entrusted by the administrative authority and administrative power, as ().

A. the behavior of social organization

B. the acts of the executive authorities

The common behavior of C. the social organization and Administration

D. is a social organization behavior, and is the administrative behavior

10 administrative organs cannot (  ).

A. formulation of administrative law  B. decision regarding the administrative dispute

C. legal supervision on the relative personD. implementation of administrative compulsory measures

11 the effective establishment of the administrative act of non in accordance with laws and regulations, shall not be arbitrarily changed or cancelled, it is the administrative behavior ().  

A. determine the forceD. bindingC. forceD. execution

A staff of 12 administrative organs bribes case of permits issued to the party in breach of privilege, behavior, should belong to: ( )  

A. is invalidB. abolishedC. revocationThe effectiveness of D.

Belong to the 13 administrative review the administrative behavior ( ).

A. administration legislationThe act of administrative judicial B.

C. acts of the administrative enforcement of lawD. in the administrative behavior

14 administrative subject according to the authority of the administrative opposite party to certain obligations, should be   ).  

A. unilateral administrative act  B. the two sides of administrative behavior

C. in the administrative behaviorD. strict administrative act

15 the public security organs of the drunken man forced personal restraint, the administrative behavior should be ( ).

The entry into force of the conditions attached to A.B. told the effectC. take effectD. immediately

Two, multiple choice questions (in the alternative answer in two to four is correct, all be selected and their label written in brackets)

Contents 1 fine behavior have (  ).

A. deprivation of property rights  B. confirmed the legal factC. increased property obligation  D. change of legal status

2 City Public Security Bureau in accordance with the "Regulations on administrative penalties for public security" should "give 15 days detention" provisions, give 5 days detention punishment to fight, which belongs to the ().

A. discretion  B. authority behavior

C. unilateral administrative act  D. specific administrative act

Effect of administrative behavior has 3 valid have (  ).

A. determine the force  B. retroactivityC. binding  D. execution

Administrative act 4 (repealed  ).

A. abolished the loss of legal effect

The legal effect of B. generated in the repeal before without legal protection

The legal effect of C. produced in the repeal before is still protected by law

D. from the beginning has no legal effect

5 administrative authority (with what characteristics?  )

A. mandatory  B. unilateralC. priority  Unity D. and responsibilities

General requirements 6 legal administrative act has ( ).

A. the main legalB. content is legal and appropriateC. legal proceduresThe D. permission legitimate

7 in any of the following acts, belongs to administrative behavior is (  ).

A. administrative organs in rented office space

B. administrative normative documents formulated

C. subdistrict offices and neighborhood committees to sign in front of health contract

D. weather

8 the following judgments are correct (  ).

A. administrative punishment is a unilateral actB. is the behavior of administrative license

C. administrative levy is a unilateral actD. is the behavior of administrative entrustment

9 the following behavior, administrative behavior belongs to administrative action has (  ).

A. buy office suppliesB. fineC. clean up the "three noes" of personnelD. that Zhang death  

10 administrative acts and civil acts and other state organs behavior compared, main characteristics (  ):

A. Slave LawB. discretionaryC. first qualitative D. the two sides will effect

Confirm 11 people's government the right to the use of the land for this administrative behavior includes what content ( ).

A. confers rightsB. confirmed the legal statusC. change the legal relationshipD. confirmed the legal fact

Three, determine the title

1 administrative act is administrative act. ( )

2 administrative behavior is different from the civil behavior, once made, they assume that their compliance with the law. ( )

3 the parties of administrative behavior is different from the unilateral administrative act, agree each other is a prerequisite for the effective establishment of the. ( )

4 administrative act as elements of the establishment and the establishment, the necessary legal and effective behavior. ( )

5 if you do not acts of the executive authorities, certainly not administrative acts. ()

6 administrative act is binding is the binding force with opposite party. ()

7 because of an administrative act with executive force, therefore, once made, the administrative act must be performed. (  )

General requirements 8 legal administrative act is legal behavior object. (  )

9 the establishment of administrative act is legal for opposite party and administrative body, the general should be in force. (  )

10 administrative acts and civil acts and other state organs behavior in comparison, is the main feature of the national mandatory. ( )

Four, case analysis

A textile mill is a large industrial water of the city. In 1999 7 menstrual to complete the legal procedures for water permit in the City Water Conservancy Bureau, the water permit granted directly from a river flows through the city's water, water consumption is 1100000 tons monthly. In 2000 May, City Water Conservation Office (hereinafter referred to as the city water-saving Office) approved by City Hall, make "City Water Conservation Regulations", the "Regulations" provisions of article fifth, all directly from rivers and lakes, or underground water unit, the quantity of water needed by the city water-saving Office approval, and by the municipal water water plan issued quarterly. The provisions of the first three months after the entry into force, water saving office approval textile factory monthly water consumption is 1000000 tons, and quota for textile factory issued a "water plan according to the" notice of. The textile factory's monthly water consumption of 100000 tons less than in the past. Textile factory think, according to the provincial people's Congress passed the "China resources management approach" of the local laws and regulations, the city water conservancy bureau is the administrative authority shall have the right to issue a water licenses. The factory has lawfully obtained the Water Conservancy Bureau monthly plan for 1100000 tons of water permits, water saving office "City Water Conservation Regulations" and the "notice" issued by water plans are beyond the authority behavior, violation of their legitimate rights and interests, directly affect the production and livelihood of the workers. In 2000 November the textile factory in municipal water administrative proceedings defendant to the District People's court, requesting revocation of city water-saving office made "City Water Conservation Regulations" and the "notice" issued by water plan.

I would like to ask: District People's Court on textile factory prosecution should be how to deal with? (Note: the provision of the administrative litigation law, the people's court for review, only the legitimacy of specific administrative acts abstract administrative behavior does not belong to the scope of the court.)

 

The fourth chapterAdministrative procedures

A, multiple choice questions (in the alternative answer only one is correct, the choose and its label written in brackets)

1 the following program belongs to administrative procedures, is (  )

The following A. judicial review of administrative action program

The sum of B. party in the administrative process

The sum of C. administrative behavior

The total process of administrative actions of administrative subject of D.

The relationship between 2 administrative procedure law and administrative law is (  )

A. clear boundaries, and mutually exclusive

B. administrative procedure law is the administrative substantive law "accessories"

C. violating administrative procedure law and administrative law of the same consequences

D. two have equally important legal effect and status

3. just principles of security system is (  )

A. collegiate systemB. executive responsibility

C. prescription systemThe D. procedure

Normative documents 4 belonging to the provisions of administrative procedure is the (internal  )

A. "Public Security Management Punishment Ordinance"Method national administrative organs document processing B. ""

C. "tax collection and management law"  D. "land management law"

In (5  ) as the standard, the administrative procedure can be divided into administrative procedure and administrative procedure.

The application range of the A. administrative proceduresThe object B. is specific administrative act

C. is a clear legal provisionsThe difference of D. administrative power

6.  ) first established the hearing system.

A. "patent law"B. "environmental protection law"

C. "administrative punishment law"D. "administrative procedure law"

 

Two, multiple choice questions (in the alternative answer in two to four is correct, all be selected and their label written in brackets)

1 belongs to the internal administrative procedures for the (  )

A. hearing procedureB. investigation procedure

C. hearing procedureD. executives signed program

About 2 of the procedure of administrative legislation system (  )

A. hearing systemB. expert system

C. filing systemD. avoidance system

The range of 3 to administrative procedures applicable to standard, can be divided into (administrative procedure  )

A. internal administrative proceduresB. specific administrative procedures

C. external administrative proceduresD. the procedure of administrative legislation

Including the basic principles of the Administrative Procedure Act (4  )

A. principle of procedural justiceB. relative party participation principle

C. efficiency principleD. the principle of administration according to law

5 belong to the administrative enforcement procedures are (  )

A. administrative licensing proceduresThe procedure of administrative punishment B.

The C. procedure of administrative enforcementD. administrative adjudication procedure

6 administrative efficiency principle by which of the following is the system guarantee (  )

A. prescription systemThe B. proxy system

The C. complaint does not stop the implementation of the systemD. hearing system

The 7 principles of justice of administrative procedure law guarantee system (  )

A. avoidance systemB. hearing system

C. survey systemD. collegiate system

Application of 8 administrative summary procedure cases (  )

The emergence of A.B. simple matters

C. security management in the 50 yuan fine punishmentD. the penalty of administrative detention

 

Three, determine the title

1 who do not belong to the administrative action is contained or must go through the procedure, are not within the scope of administrative procedure. (  )

2. "administrative procedure law" in China is determined by the judicial organ to administrative procedural right of review. (  )

 The so-called administrative procedure law 3 modern countries in the world generally understood, is the legal norms and principles as the product of modern democratic politics emerged and developed. (  )

4 administrative penalty is an administrative procedure, and is also an administrative entity problem. (  )

5 legal justice is realized through a fair procedure to. (  )

6 China is all administrative procedures necessary legal procedures in the hearing procedure of administrative punishment law "set". (  )

7 because of the discretionary programs exist, therefore, all administrative behavior way links and no fixed sequence elements. (  )

8 administrative subject all behavior must follow the administrative process , otherwise, do not conform to the statutory procedures, the behavior is invalid. (  )

9 of all administrative acts are the legal procedures. (  )

 

The fifth chapter of administrative legislation

A, multiple choice questions: (in the alternative answer only one is correct, the choose and its label written in brackets)

The main 1 according to the special authorization of administrative legislation is (  ).

A. State Council  B. National People's Congress Standing Committee

C. ministries and commissions of the State Council  Provincial authorities the power of D.

2 the administrative legislative power from the Constitution and the law on the organization of, is a characteristic of the following legislation (  ).

A. specially authorized legislation  The B. central administration legislation

C. generally authorized legislation  D. supplementary legislation

3 have the right to cancel or change the county people's government as illegal or improper administrative behavior is the main (  ).

A. County People's Congress Standing Committee  B. County People's Government

C. of the county committee  The D. level of the Municipal People's Government

The relevant administrative regulations 4 (  ).

A. should be submitted to the State Council for approval  B. should be submitted to the State Council for the record

C. should be approved by the State Council after the entry into forceD. comes into effect by the State Council for the record

5 the following judgment is correct (  ).

A. township government cannot make the abstract administrative act

B. executive legislation can create new legal principles

C. administrative rules and other normative documents can be set to rights and obligations for the party

D. abstract administrative act is not actionable

6 according to the content of administrative legislation, administrative legislation can be divided into:

A. generally authorized legislation and authorized legislation

B. central administrative legislation and administrative legislation

C. executive legislation and the legislation

D. regulatory legislation and regulations legislation

7 according to the provisions of the constitution, the following organs, ( ) has the power to enact administrative rules and regulations.

A. National People's Congress Standing Committee  B. Provincial People's CongressThe people's government at the provincial level C.  D. State Council

 

Two, multiple choice questions (in the alternative answer in two to four is correct, all be selected and their label written in brackets)

1 the State Council issued the "people's Republic of China farmland tax provisional regulations" stipulates that the fifteenth: "the measures for the implementation of these regulations by the provinces, autonomous regions, municipalities directly under the central government according to the provisions of these regulations, combined with the actual situation of the local development......." The measures for the implementation of the provincial people's government to make behavior: (genus  ).

A. specially authorized legislation  B. of local administrative legislation

C. executive legislation  D. generally authorized legislation

2 "the formulation of administrative regulations" provisions of the Interim Regulations of the administrative regulations for the unification of the (name  ).

Regulation A.  The provisions of B.The C. command  The D. approach

3 according to the regulations of our country, have the right to formulate and promulgate regulations (organ is the ).

A. National People's Congress Standing Committee  B. State Council

C. ministries and commissions of the State Council  The people's government at the provincial level D.

4 according to the provisions of the constitution, the following organs have the right to cancel the normative documents in A District People's Government (  ).

A. A China Communist Party committee  The people's Government of the city B.

C.A District People's Congress Standing Committee  D. of the city people's Government Supervision Bureau

Administrative legislation should stick (5  Principle.

A. legislation by law  B. democratic legislationC. strengthen the management and enhance coordination of interestsD. emergency legislation

6 the abstract administrative action validity (general should have  ).

A. are decided by the corresponding administrative organsThe chief administrative officer signed B.

The C. public releaseD. by the authorized approval in accordance with the law

7 the following is main body of local administrative legislation is: ( )

A. Province, autonomous region, or municipality directly under the central government

B. Province, autonomous region, municipality directly under the central government, the NPC and its Standing Committee

C. approved by the State Council of the great city people's Government

The people's government at the county level D.

The following error of judgment are (8  ).

A. abstract administrative action is the administrative legislation act

The B. release, not all elements of the establishment of the abstract administrative act, administrative legislation is the important condition of establishment

C. people's Court of administrative legislation without supervision

The legislative procedure D. authority, the procedure of administrative legislation and the strict

The following statement is correct (9  ).

A. special authorization granted legislation legislative power shall not exceed the authorized scope of authority and responsibility authority

B. experimental legislation are specially authorized legislation

C. authority may revoke the administrative regulations or rules that conflict with the constitution, the law

D. people's court in the trial of administrative regulations, shall not be revoked

Features 10 administrative legislation act are: ()

A. non actionableB, administrativeC. quasi legislativeD. forced implementation

11 the following ( ) is the subject of administrative legislation.

The A. National People's Congress and its Standing CommitteeB. NPC Law Committee

C. State Council and its ministries and commissionsThe people's government at the provincial level D.

 

Three, determine the title

1 abstract administrative act even against the law, also cannot become the subject of litigation. ( )

2 administrative legislation is administrative "quasi legislative" behavior, so without administrative nature. ( )

3 the people's court may through judicial review, cancellation and the constitution law conflicts with the administrative rules and regulations, etc.. ( )

The 4 method is universally binding administrative legislation, so the applicability (  )

5 administrative legislation is administrative organs in accordance with the laws of war. ()

 The 6 legislative activities of administrative agencies authority power is equivalent to authorized within the scope of authorization legislation. ()

The essential elements of the 7 chief executives signed not all abstract administrative act established. (  )

8 administrative regulations in case of emergency is not approved by the State Council executive meeting or the plenary meeting discussion, can take effect. ()

   

 

Chapter sixth to chapter ninth administrative approval, administrative punishment, administrative enforcement, administrative expropriation

A, multiple choice questions (in the alternative answer only one is correct, the choose and its label written in brackets)

1 of the administrative licensing is incorrect (definition ).

A. exercise initiativeB. examination according to law behavior    C. beneficial behavior   D. type behavior

In a 2, B two people at the same time for the exploitation of a coal mine, and in conformity with the statutory conditions, Mineral Bureau of the mining license issued to the mayor's son Jia, the violation of the administrative license ().

Principle of A. openB. the principles of equity and justice  C. the principles of convenienceD. trust protection principle

Approval of 3 the following matters, not the applicable license is (  ).

A. administrative department at the higher level to the lower administrative organ, the approval of the relevant request report

B. of finite natural resources development and utilization of approval

C. examination and approval of the qualification as a lawyer

The approval of D. for some enterprises to set up the problem

4 Township People's government entrusted to the county forestry bureau, the township farmers harvesting retention Hill license, the legal consequence by (  ) bear.

A. County Forestry Bureau   B. An Shan township government C. two sharedD. two common superior bear

5 in the unified management, joint handling or focus for the administrative licensing matters, from the first administrative organ accepts an application for administrative license until the last one administrative organ stop when the total time period shall not exceed (  ) day.

A.20B.30C.45D.60

Collection of sewage charges, late fees behavior in nature is opposite party 6 administrative subject to the violation of administrative law (  )

A. administrative requisitionB. administrative punishment

C. administrative levyD. administrative expropriation

7 administrative levy is the relative people of administrative law (bear  ) as the premise.

A. payment obligationB. payment obligation

C. obligationsD. not as obligation

The main administrative inspection is (8  )

A. citizens, legal persons or other organizationsB. state organs, people's organizations

C. state organs, enterprises, public institutionsD. administrative organs and the authorized organization

9 the following behavior, which belongs to the administrative punishment is (  )

A. administrative levyB. administration confiscate

C. administrative expropriationD. seizure

Discontent (10) years who have violated the law, no administrative penalty shall be imposed.

A.10B. 14C.16  D. 18

The 11 relates to which of the following circumstances, will not cause the administrative punishment hearing procedures not held in public? ()

A. state secrets B. commercial secrets   C.PrivacyD.The punishment to the interests of the people

12 the following behavior belongs to the non administrative punishment is (  )

A. confiscation of propertyB. expelled from officeC. administrative detentionD. fine

13 the following punishment is punishment of behavior is (  )

A. administrative detentionB. for driving violations and fines C. reeducation through laborD. responsibility to suspend production or business

14 under the administrative compulsory measures belong to indirect enforcement coercive measures is (  )

A. attachment, seizureB. forced quarantine  C. freeze, transferD. penalty

15 in charge of administrative adjudication activities (organ is the  )

A. judicial organsB. administrative organs  C. procuratorial organsD. state authority or people's organizations

16 the following administrative punishment, belongs to the act of penalty is (    )　

A. administrative detention    B. confiscation of property    The C. shall revoke its business license     D. reeducation through labor

17 according to the stipulation of "administrative punishment law", if the party requests a hearing, the administrative organ shall inform the ( )　

The A.3 days    The B.5 days　 The C.7 days    The D.10 days

Administrative relative party 18 administrative subject to the violation of administrative law of the collection of sewage charges, in the nature of ( )

A. administrative levy          B. administrative expropriation        C. administration confiscate         D. administrative punishment

19 Wang returned home carrying articles to be declared not to declare to the customs, customs that Wang's behavior constitutes a crime of smuggling, Wang made the confiscation of smuggled goods, and a fine of 1000 yuan punishment. The punishment of the customs is  )

A.Wrong, only the implementation of the penalty of confiscation articles;

B. Wrong, only the implementation of a fine of 1000 yuan of punishment;

C. Wrong, can only be confiscated and a fine of;

D.The right, without violating the no penalty principle;

20 the following about the implementation of the administrative licensing subject expression, right there ( )

With A. administrative license authorized by law, regulations of the management of public affairs organization;
B. administrative license may only be implemented by administrative license executive in his own name;
C. administrative license can be entrusted to the general citizens and social groups;
D. the entrusted administrative organs may be commissioned;

21 the following is wrong about the administrative license hearing statements ( )
A. involved in the social and public interests of the case, the administrative organ may, in accordance with the terms of the hearing;
B. administrative license hearing according to the applicant or interested parties apply for;
C. authority held a hearing shall be announced to the society in advance;
D. applicants, interested parties shall bear the expenses properly organize hearings;

The general limitation of administrative punishment is (22 )

A. 1 years  B.2 years C.3 years  D.5 years

23 have the right to the subject of authorized administrative license includes:

A. administrative organs  The B. organization      C. civil servants     D. personal

 

Two, multiple choice questions (in the alternative answer in two to four is correct, all be selected and their label written in brackets)

1 according to the "provisions of the administrative license law" in article second, the following acts, belongs to the administrative and licensing are (  )

A. patentee designed can be another person to use the patentB. Ministry of justice lawyer qualification certificate

C. the public security organs issued identity cardsD. health management department issued permits issued medicine

2 the following fees collection belongs to administrative levy scope is (  )

A. sewage chargesB. administrative litigation fee

C. highway maintenanceD. payment

3. according to the provisions of China's administrative punishment law, local laws and regulations can be set with (the kinds of punishment )

A.Penalties restricting personal freedom;           B. Revoke the driving license;

C. Individual and industrial and commercial business license revoked punishment; D. A certain amount of fines.

4 the following form belongs to administrative confirmation is (  )

Determination of A.B. registration

C. certificateD. inspection

The 5 main administrative enforcement can be ().

Authorized A. laws and regulations, organization    B. business unit C. administrative organs      D. people's court

6 the following administrative penalty belongs to the act of punishment has (  )

A. shall be ordered to suspend production or businessB. administrative detention

C. reeducation through laborThe D. shall revoke its business license

7 the following is a (reputation penalty  )

A. warningB. a

C. informed criticismD. open fire

Make administrative organs (8  ) before the administrative punishment, shall inform the parties have the right to request a hearing.

A. shall be ordered to suspend production or businessB. revoked the business license

C. administrative detentionA large amount of fine D.

The hearing procedure of administrative punishment for (9  )

The proposed A.B. hearing notice

C. made the decision on punishmentD. hearing testimony, making record

10 direct enforcement measures are mainly (  ) etc..

A. attachment, seizureB. penalty

C. freeze, transferThe D. generation of execution

"11. according to the provisions of the administrative license law", the implementation of administrative licensing matters, gives the specific qualification of citizen, should be at the national examination in accordance with the law, the administrative organ shall not engage in which of the following behaviors (  )

A. held in public examinations        B. public examination syllabus

C. mandatory exam trainingD. specifies the textbook or other help exam materials

12 Chinese administrative adjudication is mainly applied to solve (  )

A. ownership disputeB. infringement disputes

C. administrative disputesD. intellectual property disputes

13 administrative punishment legal principle implication (  )

The main A. penalty is the legal bodyThe B. program is a statutory punishment

C. is the basis of statutory punishmentThe object D. is the statutory punishment

The main principles of the 14 administrative penalty should follow a (  )

A. principle of statutory punishmentB. justice, public principle

C. is no longer the penalty principleD. corresponding penalty principle

15 in general, there are (  ) circumstances, not to punish the doer.

A. irresponsibility are illegalB. because of physiological defects due to illegal

C. due to accidents and illegalD. drunk not intentionally illegal

16 self-employed person due to the sale of goods is frequently Duanjinshaoliang phenomenon, the Administration for Industry and Commerce shall revoke the business license after the discovery of its decision to impose penalties on it. About the event expression is correct (  )                                 

A. Administration for Industry and Commerce shall inform the person has the right to request a hearing

B.The relevant expenses hearings held by the trade and Industry Bureau and a reasonable share

C.The hearing shall be held openly

D.Somebody can own to participate in the hearing, or entrust others agent to participate in the hearing

17 the following about the administrative license authority parlance, is correct ( )

The administrative license law A. the Ministry of education has the right to set specific requirements
B. Ministry of Commerce has the right to set administrative license
The administrative licensing C. Shanghai city City Hall rules have the power to set temporary
D. the decision of the State Council on Textile Import & export quotas

 

Three, determine the title

1 license is business license. (  )

2 any license as long as made in accordance with the law, will be effective. (  )

3 administrative approval and administrative license is often the two step the same administrative behavior, licensing is the confirmation of the premise, that is

License consequences. (  )

The legal effect of 4 administrative license with retrospective, the legal effect of administrative confirmation with post and. (  )

5 verification and inspection are administrative confirmation form. (  )

6 administrative collection and administrative expropriation is to force the other way to free the ownership of property. (  )

7 administrative levy and administration confiscate is to force the way free relative property ownership. (  )

Including property and labor 8 administrative levy subject. (  )

9 administrative collection and administrative expropriation is the administrative action. (  )

10 fine and confiscation of property is the administrative enforcement mode. (  )

11 administrative penalties and administrative sanctions are administrative organs to implement the offender punishment or, there is no difference in essence. (  )

12 penalty, is the execution of administrative penalties way. (  )

The decision in accordance with the "administrative punishment regulations on administrative penalties for public security" made 13 on, can bring an administrative lawsuit directly. (  )

14 illegal act is not discovered within five years, no administrative punishment shall be imposed, except as otherwise stipulated by law. (  )

15 administrative proceedings compulsory measures is the main form of administrative enforcement.

Four, case analysis

1 Zhang Department of coal for the driver, a day after a certain area coal 309 road sections set up traffic checkpoints, transportation station staff song (in a traffic police uniforms, wearing armbands to Zhang came on duty), the decision handed Zhang Mouyi a penalty, and Zhang said: pay twenty dollars. Zhang received the written decision on the penalty, see all the contents printed above is: according to the relevant regulations, a fine of twenty yuan. Decided to book a region of a traffic unit seal. Zhang Q song: "why do you want to punish me?" the song says: "if you overload." Zhang argued that: "I just pull half car coal, how overload?" Song said impatiently: "let your hand. What" Zhang said: "do not say, do not pay." At this time, the song you pass a penalty decision, and said: "you this attitude and pay twenty dollars." Zhang afraid to argue, but also fine, had to pay forty yuan.

I would like to ask: where the conduct of administrative punishment in violation of the provisions of "administrative punishment law"?

2In 1998 June, Lee and driving a car Dongfeng Automobile, into a forest reserve. Li sth first forged wood Mountain card, navicert false documents. Into the forest, to pay high price means from the forest farmers bought 30 cubic meters of wood, with fake out certificate deceive inspectors will be transferred from forest wood, and forged false navicert attempt to deceive in forest road transport station, false documents were discovered and seized. County Forestry Bureau according to the "law of the people's Republic of China forest" and "forest management regulations" XX Province were punished on lee. Penalties that Lee violations three facts, these three facts is based on the "Regulations" a forest management provisions of article eleventh, stop anyone from forest farmers wood, Li Mouyou purchase behavior; the second fact is according to the forest act wood mountain must have out Mountain card, Lee has no mountain card wood transfer out; the third fact is according to the forest act transport timber must have navicert, Li Mou of undocumented transport. According to the above three facts in Forestry Bureau of Huang punishment a fine of 3000 yuan, a fine of 2000 yuan, a fine of 3000 yuan and 8000 yuan fine with execution.

Ask: the County Forestry Bureau of the punishment is a violation of the "administrative punishment law" in "the punishment no longer" the relevant provisions?

3 in, male 16 years old, after graduating from junior high school did not go to school, have nothing to do all day in the home, it is his parents worried. In a father for him to find a lot of work, but he was not satisfied with. In 1997 September, in a county where the conducted a recruitment activity, just for a father's cousin Wang in the county people's Armed Forces Department work, so his father his cousin to discuss how to make a countermeasure to enlist as soldiers. The morning of September 20th, from a father to visit cousin name, will be in a band to Wang's office, to a father and a common to one out of ideological education, encourage he enlisted in the army. However, despite their persuasion, in one is not willing to, Wang Mou will seriously said to him: "now is not you choose, if you don't join the army, people's Armed Forces Department will force you to our army."

Excuse me: (1) in the case of people's Armed Forces Department can be forced to a soldier?

(2) what is the difference between administrative enforcement and administrative enforcement measures?

4 in one of the administrative licensing hearing, the administrative organ believes that this license does not have a significant impact on the society, therefore, in just one day before the hearing, notify the applicant, and in the hearing of the day declined to attend a hearing of the masses to participate in the hearing. In order to make the hearing going on smoothly, the administrative organ shall specify the chief Zhang the permission to conduct the hearing. After the hearing, Zhang section chief thinks the hearing proceeded smoothly, oral on the hearing is concluded, the end of the hearing. Subsequently, the administrative organ makes a decision of administrative licensing according to Zhang, the verbal report.

I would like to ask: the process of hearing the administrative license is illegal in which programs.

 

 

The tenth chapterThe administrative contract and administrative guidance

A, multiple choice questions (in the alternative answer only one is correct, the choose and its label written in brackets)

The administrative contract is a (1  ) behavior.

A. unilateral administrativeB. the two sides administrative

C. Abstract AdministrativeD. administrative law enforcement

2 administrative contract a party must be the administrative subject, the other party may be (  )

A. citizens, legal persons or other organizationsB. party in the administrative process

C. administrative organs and their staff or administrative counterpartD. in organs of state power, the judiciary or the administrative counterpart

3 according to the principles of administrative law, the administrative contract dispute through (  Solve.

A. civil remediesB. economic law remedies

C. administrative reconsiderationD. administrative litigation

4 the following contract belongs to administrative contract is (  )

A. administrative organ with a Real Estate Company signed rental contract

B. signed the trade and Industry Bureau and the water company's water supply contract

C. Tax Bureau commissioned the court to auction the lien on the ship contract

D. Municipal Public Security Bureau asked a bank collecting fines by contract

5 of the contract, does not belong to the administrative contract is (  )

A. expropriation contractB. administrative order office supplies contract

C. purchase of grain and oil contractD. national scientific research contract

6. the following behavior belongs to administrative guidance is the (  )

A. government warning: smoking is harmful to the health of the public

Ruling sewage enterprises B. environmental protection authorities compensate farmers

C. industrial and commercial authorities issued business license to the applicant

D. administration took the case to the judicial organ

The subject of administrative guidance is (7.   )

A. organ of state powerB. administrative subject

The C. central administrationD. national judicial organs

8. administrative guidance for the administrative relative party (  )

A. is not mandatoryB. force

C. forceD. has no legal meaning

 Two, multiple choice questions (in the alternative answer in two to four is correct, all be selected and their label written in brackets)

1 the following contract (  ) is an administrative contract.

A. scientific research contractB. collection of grain and oil contract

C. expropriation contractD. ordering office supplies of administrative contract

2 administrative contract concluded mainly take (  )

A. offersB. tender

C. auctionD. direct consultations

3 in the administrative contract, modification or rescission of administrative subject enjoys (  Right.

A. selection of the contract partyB. unilaterally modify or rescind the contract

C. monitor and command on the performance of the contract

D. opposite party does not perform or improper fulfillment of contract of sanctions

4 in the administrative contract, the rights to (  )

A. has the right of returnThe right to request compensation for B. damage

C. promotes administrative body to perform the contract rightsRights of compensation of damage behavior of D. privileges

5 in the administrative contract, the relationship between the administrative organ and the relative person (  )

The A. command and obedienceB. equality

C. negotiationD. agrees

Administrative guidance is based on (6  )

A. lawLegal principles of B.

C. national policyThe D. function on the provisions of administrative organization law

7 administrative guidance to properties of its role as the standard, can be divided into (  )

A. promotes the administrative guidanceB. restriction of administrative guidance

C. adjustment of administrative guidanceD. trade and administrative guidance

8 the following administrative activities, (  ) belongs to administrative guidance.

A. administrative legislationB. executive order

C. administrative decisionD. administrative agencies issued information

9 of the administrative rights, obligations in administrative contracts that are correct (  )

A. oversight and command of the contract

B. can be unconditional release of administrative contract unilaterally change

C. does not properly perform its obligations under a contract with each other to impose sanctions

D. as a result of the administrative cause of contract changes, lifting, the administrative organ shall give the relative material damages or compensation

Three, determine the title

1 the administrative contract is subject to one or both of the contract. (  )

2 in the administrative contract both sides agree that both sides have the common objective. (  )

3 in the administrative body in administrative contract and the relative party can according to their own economic interests and unilaterally modify or rescind the contract. (  )

4 invitation to offer as a way to establish the administrative contract, the administrative subject to the counterpart of the "offer". (  )

5 administrative contract is both administrative behavior is the external administrative behavior. (  )

6 administrative guidance should be specific and clear legal basis. (  )

7 administrative guidance is not mandatory, so it does not produce any legal consequences. (  )

8 administrative guidance is the product of the market economy, planned economy does not exist in administrative guidance. (  )

9 administrative guidance in violation of the law to the opposite party caused damage should be paid. (  )

The principle provisions regarding administrative guidance can't 10 in our current constitution. (  )

Four, case analysis

Provincial Highway Bureau in order to build a highway, a road construction company signed an agreement with the. Both sides agreed, in charge of the road construction company self financing and construction of the highway; completed five years built since the highway, the road construction company according to the price department approved standard fees to use the highway toll, as the recovery of investment and profit.

Excuse me: (1) the agreement provincial highway and road construction companies signed the administrative contract and civil contract? Why?

(2) if the dispute to the agreement, the negotiations fail, the road construction company filed a lawsuit or administrative action to the people's court? Why?

(3) if the reason because of city construction, completed second years to build the highway, the government announced the original near the highway will be extended for the city's new airport, the highway construction is no longer in use, then the road construction company, whether can be compensated and compensated by what way?

 

The eleventh chapterThe administrative reconsideration

A, multiple choice questions (in the alternative answer only one is correct, the choose and its label written in brackets)

1 administrative reconsideration shall only be required by the laws, regulations of countries (  Special enjoy).

A. judicial organsB. procuratorial organsC. authorityD. administrative organs

The administrative reconsideration is (2  ) activities.

A. administrative supervisory organsB. administrative organsC. administrative arbitration organsD. administrative law enforcement organs

3 the following (  The basic principles of the administrative reconsideration is not).

A. lawful, timely principleB. the principles of convenienceC. timely, accurate principleThe principle of D. mediation

4 the following (  ) is wrong.

A. the administration legal relationship is a kind of supervision and administration in the Department

B. administrative reconsideration relationship is a legal relationship of procedural

C. administrative ambiguity legal relationship is a legal relationship

D. administrative reconsideration law legal relationship is the scope of administrative reconsideration of the consequences

The 5 party in the administrative reconsideration (administrative reconsideration  )

A. equal legal statusB. only review the same rights

C. only reconsideration dutiesD. rights and obligations performance equivalence

6 in the administrative reconsideration, third people enjoy (  The same right) yesterday, bear the same responsibilities.

A. applicantsB. is the applicant C. participants in administrative reconsiderationD. administrative reconsideration agent

7 the following belongs to the scope of administrative reconsideration is (  )

Divorce disputes administrative mediation book A.

B. administration to appoint its staff as its duty decision

C. administrative authorities banned firecrackers decision

Decide to process the D. administrative organ of the ownership of forest resources

8 administrative organs and administrative organs in a B to common name for an enterprise to implement the administrative penalty, the enterprise's application for reconsideration shall be (  Have jurisdiction over.

Administrative organ at the next higher level administrative organs in a A.

Administrative organ at the next higher level B. administrative organs B

C.A or B choose one of them, A, B can

D. administrative organs and B common administrative organ at the next higher level

The specific behavior of the local people's government at or above the county level 9 agencies appealed for reconsideration, (by  Have jurisdiction over.

A. the agencyThe establishment of the civil government agencies B.

C. of the superior departments in charge of agencyAn administrative organ of the people's government, the agency set up D.

10 citizens, legal persons or other organizations to the people's court, the people's court has accepted the case, (  )

A. may apply for reconsiderationB. may not apply for reconsideration

C. after the court to apply for reconsiderationD. withdrawal after the application for reconsideration

Application for reconsideration 11 citizens, legal persons or other organizations to the jurisdiction of the administrative organ, should be aware of specific administrative acts of the day (  In the proposed), except for the provisions of the laws, rules and regulations provide otherwise.

A.15B.30C.60D.90

The specific administrative acts of Public Security Bureau of the 12 County under the jurisdiction of the township police station for reconsideration refuses to accept, by (  Have jurisdiction over.

A. County People's GovernmentB. County Public Security BureauC. Township People's GovernmentD. Municipal Public Security Bureau

13 an application for administrative reconsideration reconsideration decision is to (  The name of the).

A. review mechanismB. full-time reconsideration personnelC. the organization of administrative reconsiderationThe chief executive D. the reconsideration organ

14 the administrative reconsideration organ in accordance with the specific administrative act of the (  Review).

The A. legitimacyB. rationalityC. appropriatenessThe D. legitimacy and rationality

From (15  ) point of view, the administrative reconsideration for common jurisdiction and choice of jurisdiction.

Properties of A. administrative dispute

B. administrative reconsideration organ and the original specific administrative acts of agency relationship

C. administrative reconsideration applicant is different

The flexibility of D. jurisdiction

Two, multiple choice questions (in the alternative answer in two to four is correct, all be selected and their label written in brackets)

Administrative reconsideration shall follow (1  Principle.

A. legitimateB. timelyC. accuracyD. convenience

2 follow the principle of legality (including administrative reconsideration  Legitimate etc.).

A. subjectB. basisThe C. sequence and the factThe D. program

3 citizens, legal persons or other organizations (for the following  Matters not), cannot be determined in accordance with the "Administrative Reconsideration Law" to apply for reconsideration.

A. administration legislation

The act of state B. defense, diplomacy

C. to the civil dispute arbitration, mediation or processing

D. administration to land, mineral, Lin Lin and other resource use right and ownership of the administrative adjudication.

Agency of Administrative Reconsideration Law "4" refers to (in  ).

A. District Office, office of the streetsB. police stationC. businessD. tax

5 administrative reconsideration decision (mainly include  ).

A. maintenance decision or reverse the decisionB. change decision

C. ordered deadline to decide   D. order the applicant compensation decision

6 parties (including administrative reconsideration  ).

A. applicantsB. is the applicantC. thirdThe application for reconsideration, agent D.

7 participants (including administrative reconsideration  )

A. the reconsideration applicantB. is the applicantThe C. third and the witnessD. reconsideration agent

8 administrative reconsideration organs as the administrative reconsideration organ, enjoy (  )

A. accepts the rightB. evidence collection rightsC. enforcementD. to make a reconsideration decision

9 administrative reconsideration organ has examined the application for reconsideration, respectively (according to law  Handle.

The A. shall accept the applicationB. deadline for correction of the application for reconsideration The C. ruled inadmissibleD. is concoctive fact, ignore

10 the administrative reconsideration, the reconsideration organ is the content of the (Trial  )

The legitimacy of A. specific administrative act

Reasonable or appropriate B. specific administrative act

C. specific administrative act based on facts

On the basis of D. concrete administrative behavior standardization style

11 the administrative reconsideration organ in handling reconsideration cases, (  On the basis of).

A. lawB. regulationsC. rules

Universally binding decisions, the command D. superior administrative organ shall formulate and publish

12 the following (  ) belongs to the administrative reconsideration principle.

A. the principle of legality reviewB. lawful, timely, accurate, convenience principle

C. does not apply the principle of mediationD. a review principle

13 the administration legal relationship is a kind of (  )

A. internal administrative legal relationshipB. supervision legal relationship

The administrative legal relationship of external C.D. administrative legal relationship

The specific administrative act of 14 above the county level to the local people's governments at all levels of the departments for reconsideration refuses to accept, by (  Have jurisdiction over.

A. the DepartmentThe people's government at the corresponding level B.  The C. level departmentsPeople's governments at a higher level D.

15 in general more administrative reconsideration cases administrative line shall have jurisdiction as the principle, but for (  Application for reconsideration of the case), then the original under the jurisdiction of the administrative organ.

A. refuses to accept a specific administrative act of the departments under the State Council

B. is not the administrative competent department at a higher level

Not C. specific administrative behaviors of the people's government at the provincial level

D. according to the law of the specific administrative act approved by the superior administrative organ refuses to accept the

Three, determine the title

1 the reconsideration organ shall exercise its functions and powers according to law, not by administrative organs, social groups and individuals. (  )

2 the reconsideration organ in handling reconsideration cases, generally do not apply mediation. (  )

3 administrative reconsideration or administrative review of administrative behavior of their behavior. (  )

4 the administrative reconsideration is an important form of administrative supervision. (  )

5 the administrative reconsideration is an important way of administrative agency solving administrative dispute, is a necessary stage in administrative litigation. ( )

The 6 administrative review and judicial review, review the legality of a specific administrative act only. (  )

7 administrative reconsideration system of reconsideration by written, but also can adopt other ways in handling reconsideration cases. (  )

The legal status of the 8 party in administrative reconsideration reconsideration unequal, unequal rights and duties. (  )

9 have the right to apply for reconsideration of the citizen dies, his near relatives may apply for reconsideration. (  )

10 in the administrative reconsideration, the status of the third equivalent to the applicant or the applicant, and the applicant or the respondent to enjoy the same rights and obligations. (  )

11 apply for administrative reconsideration of people only is the administrative counterpart. (  )

Not 12 citizens, legal persons or other organizations to the civil dispute arbitration, mediation or treatment when they apply for administrative reconsideration. (  )

13 in general, the remedy of administrative reconsideration is not the administrative behavior, if the parties refuses to accept the reconsideration decision may bring an administrative lawsuit. (  )

14 the applicant withdraws the application for reconsideration, (can) based on the same facts and reasons to apply for reconsideration. (  )

15 administrative reconsideration decision shall be made by the people's court according to law enforcement. ()

Four, case analysis

A Municipal Cultural Bureau and the Public Security Bureau in a temporary joint inspection, seized the city east SOHO Zhang returned to a batch of 100000 yuan worth of pirated CDs from the field. Cultural Bureau and the Bureau of public security shall be seized on the disc, and to common name of Zhang made a 20000 yuan fine decision. The next day, A eastern city industrial and commercial bureau revoked the business license Zhang, Eastern Branch of the Public Security Bureau commissioned the to look at the police station's Zhang to 10 days of administrative detention punishment. Zhang refuses to accept the punishment.

Excuse me: (1) the punishment decision, which need to go through the hearing procedures to make? Why?

2.        Zhang if the application for administrative reconsideration, the reconsideration organ who is. Zhang if the administrative detention may directly Sue? Why?

 

The twelfth chapter of the administrative procedure law

A, multiple choice questions (in the alternative answer only one is correct, the choose and its label written in brackets)

1 administrative dispute is about (The dispute).

The administrative law of the rights and obligations of A.B. civil rights and obligationsC. legal rights and obligationsD. benefits

Administrative dispute is due to (2The controversial).

A. administrative behaviorB. specific administrative actC. abstract administrative actD. administrative behavior

Administrative litigation according to (3) and start.

A. relative to the applicationB. administration requestC. court reviewD.ABC any behavior

In administrative litigation (4Constant).

A. of the original. The Defendant StatusB. the Defendant StatusC. the identity of the plaintiffD.ABC was wrong

The 5 defendant in administrative litigation is ().

A. administrative organsB. courtC. citizens, legal persons or other organizationsD. exercise of administrative powers of administrative organs

6 the people's court in the administrative proceedings to (Review the referee).

A. parties on the substantive law rights and obligationsB. parties procedural law on the rights and obligationsThe legality of specific administrative acts being sued by C.D. specific administrative acts being sued the legitimacy and rationality

The range of 7 of the administrative procedure law does not include which of the following ()

A. provisions of the Civil Procedure LawRegulation of B. in legal interpretationC. Supreme Court precedentD. provisions in the international treaties

8 on administrative litigation and civil litigation, which of the following errors is:

A. the people's court may adopt rules of civil procedure in the trial of administrative cases. B. administrative litigation process can deal with the relevant civil disputesThe same C. object of litigationD. court in administrative compensation claims part on the burden of proof, and hearing civil compensation lawsuit is consistent.

Specific principles 9 the following belongs to administrative litigation is ()

A. avoidance principleB. people's Procuratorate shall comply with the principle of legal supervision of administrative litigationC. for the specific administrative act of the principle of legality reviewD. people's courts exercise judicial power independently according to law principles

10 administrative proceedings. The legal status of the defendant ()

A. equalityB. inequalityC. complete equivalenceD. people's court in the application of the law of the parties can be treated differently

 

Two, multiple choice questions (in the alternative answer in two to four is correct, all be selected and their label written in brackets)

Administrative litigation has (1) function.

A. resolving administrative disputesB. relief of administrative powerC. supervision of administrative powerD. remedies the legitimate rights and interests of citizens

The limited nature of the judicial power in administrative litigation in 2 ().

The legitimacy of the A. court only review of administrative actionRationality of B. court could not review of administrative actionC. court review of administrative act rationality only in exceptional circumstancesD. court can not judge entity legal relationship between the structure of the specific administrative act content

3 the following can become the defendant in administrative litigation is ()

A. dispute for the purchase of office supplies and business of the Public Security BureauB. issued a ticket to the traffic policeC. rejected the Cultural Bureau of housing for the urban construction departmentD. refuse to issue a certain minimum living guarantee for Civil Affairs Bureau

The principle of legality review (4).

Co A. the power of judicial reviewB. administrative power is higher than that of judicial powerC. court could not review to abstract administrative actD. court not to review the rationality of administrative behavior

5 the following statement conforms to the legislative purpose of administrative litigation law in our country is ().

A. to ensure that the people's court timely and correct handling of administrative casesB. protection of citizens, legal persons or other organizations of the legitimate rights and interestsC. maintenance of the exercise of administrative powersD. supervision citizens. Legal persons or other organizations to fulfill their obligations in accordance with the law

6 the difference between administrative litigation and civil litigation (including).

A. procedure for different purposesB. litigants litigation rights and obligations of differentC. procedure when the legal status of the parties to inequalityD court judgments in different ways

7 the following about the basic principles of administrative litigation representation is correct ().

A. basic principles prescribed by the Constitution and the lawThe basic principle of B. with the provisions of the Constitution and the law, science is summarized as supplementC. it is the people's court trial of administrative cases on the basis ofChanges of D. of specific laws and regulations shall not be contrary to the basic principles

8 the people's Courts independently exercise of administrative jurisdiction principle means ().

The A. trial of administrative cases shall only be exercised by the people's courtB. the people's court jurisdiction independently without mutual interferenceC. administrative jurisdiction without the supervision authorityD. administrative jurisdiction by the legal supervision of Procuratorate

 

Three, determine the title

1 citizens refuse to accept any administrative acts of the executive authorities, can remedy through the administrative litigation. ()

2 whether the special supervision of a party's behavior, is one of the differences between administrative litigation and civil litigation. ()

Administrative organs in administrative litigation is a constant 3 defendants. ()

4 in the legal case, the court can the rationality of the review of administrative actions. ()

5 of the civil procedure law can be directly applicable to administrative litigation. ()

6 administrative procedure law is valid for the Macao special administrative region. ()

7 administrative organs to implement in the prior to the promulgation of the administrative procedure law, administrative procedure law shall not apply to. ()

8 in the administrative proceedings, the original. Defendant litigation rights and obligations are the same. ()

9 "take the law as the criterion" is refers to the people's court to legal regulations. Regulations as the basis, to review the specific administrative act is legal. ()

In the 10 debate principle debate refers to the way words manner. ()

 

The thirteenth chapter the scope of administrative litigation and jurisdiction

The first section of the scope of administrative litigation

A, multiple choice questions (in the alternative answer only one is correct, the choose and its label written in brackets)

1 the scope of administrative litigation cases show ().

A, the court may accept all administrative cases

B, other state organs are not accepted by the administrative cases

Permissions division of C, courts and other state organs dealing with administrative dispute

The answer to the above D.    

2 of China's "administrative procedure law" provisions of the scope of accepting cases is taken ().

The A. general modelB. list modeC. hybrid modelD. case determined

3 the scope of administrative litigation in China to determine the standard does not include ().

Standard A. the specific administrative actB. administrative subject standardC. personal right property standardsD. illegal standard

4 the following administrative behavior belongs to the lawsuit behavior is ().

A. diplomatic behaviorB. defense behaviorC. mediationD. act of apportioning

5 the following administrative act is not actionable range is ()

To make the A. police department revoked driver's license behaviorB. security forces will take away from the downtown behavior of mental patients C. Business Department refused to license behavior to the applicant Mediation processing for D. traffic police damages of traffic accidents

6 the following behavior belongs to the national behavior is ().

A. Ministry of foreign affairs, international treaties and ChinaB. National People's Congress to make the law of administrative procedureC. Security Bureau arrested on suspicion of espionage crime aD. the public security organs in violation of immigration law of a USA citizens detained 3 days of punishment

7 the following behavior belongs to administrative final adjudication is ().

A. Trademark Review and Adjudication Board to reject the request for decisionB. city public security organs to the District Public Security Bureau of public security management punishment decision of reconsiderationC. Xianyang City Hall confirm land ownership of the reconsideration decisionD. State Council made the decision on the reconsideration decision City Hall Chongqing

The 8 labor dispute refuses to accept the arbitration award, can ().

A. file an administrative lawsuitB. filed a civil lawsuitC. can choose to file an administrative or civil litigationThe D. can only apply for reconsideration

9 in the administrative penalty cases, civil servants can ().

A. application for reconsiderationB. file an administrative lawsuitC. filed a civil lawsuitD. to the supervision department complaint

On the basis of the 10 provisions on administrative action, the parties may;

A. directly apply for reconsiderationB. also made the request on the specific administrative act of the application for administrative reconsiderationC. directly file an administrative lawsuitD. also filed a request for review in administrative litigation

Two, multiple choice questions (in the alternative answer in two to four is correct, all be selected and their label written in brackets)

1 the scope of administrative litigation (decision).

The scope of judicial review of the size of the A.B. citizens may apply for relief scopeC. is better than that of judicial administrative powerD. administrative litigation to maintain administrative power as the main objective

2 basic models of our country to determine the scope of accepting cases of administrative litigation is ().

A. in order to make the law clearly stipulates the scope of accepting casesThe provisions of the scope of case B. C. to generalize the exclusion model to determine the scope of accepting casesD. to mixed mode to determine the scope of accepting cases

Including the determination of standard 3 our scope of accepting cases of administrative litigation ().

Standard A. the specific administrative actB. administrative subject standardC. personal right property standardsD. illegal standard

4 criteria for determining the specific administrative act is (the reason)

A. specific administrative behavior often. Directly affected citizens. A legal person or any other organization rights

Supervision B. to the abstract administrative act is mainly undertaken by the organs of state power and the people's governments at all levels;

C. administrative litigation system of our country is still in the initial stage, the scope of accepting cases should not be too wide.

D. abstract administrative act does not affect the citizens, legal person or other organization rights and interests

Illegal standard 5 on scope of accepting cases of mistaken is ().

A. court that the illegal administrative actsB. citizens, legal persons or other organizations that illegal administrative actsC. Court confirmed illegal administrative actsD. of the answers are wrong

Not satisfied with the decision on punishment of 6 police made, relative person ().

A. may apply for reconsiderationThe B. can only apply for reconsiderationC. can bring an administrative lawsuitD. can bring an administrative lawsuit

7 which of the following does not belong to the scope of administrative litigation? ()

A. administrative organs to buy office supplies behaviorB.'s illegal detention behaviorPublic works contracts concluded by C. administrative behaviorAdministrative arbitration behavior of D. law

The act of State 8 which of the following is not actionable? ()

A. authorities in that is a fake passport stamped with "invalid" behavior

B. State Council announced a state of emergency

C. State Council and his government's diplomatic behavior

D. announced the general mobilization behavior

9 the following acts belong to the scope of accepting cases of administrative litigation is ()

A. administrative compulsory isolation and treatment of infectious patients

B. City Hall reward method to encourage farmers to grow new crops behavior

C. administrative organs for criticism in an enterprise

D. township government on neighborhood disputes mediation

10 of the law by the specific administrative acts of the final ruling in the "law", to understand the error is:

A. refers to the formulation of the National People's Congress and its Standing Committee. Normative documents by

B. includes laws and administrative regulationsC. includes legal regulations. RegulationsD. includes laws, administrative regulations and local regulations

Three, determine the title

Including the administrative fact behavior of 1 the scope of administrative litigation. ()

2 administrative punishment to the functionaries of the administrative organ. The appointment and removal of the decision, not an administrative lawsuit, only through the internal appeals. Solve the accused. ()

3 the Administrative Guidance Act is not actionable behavior. ()

4 repeat treatment behavior refers to the parties to make administrative act has dismissed the objection behavior. ()

5 the State Council have made to the Department of the State Council reconsideration decision for administrative final adjudication. ()

Legal protection of the rights and interests of citizens of the 6 administrative procedure law is only limited to the personal rights and property rights. ()

Administrative procedure law does not belong to the 7 administrative adjudication and Arbitration Act scope. ()

8 as long as the public security. The implementation of the national security agency behavior has the explicit authorization of the criminal procedural law, not actionable behavior. ()

Normative documents on the basis of 9 specific administrative acts, mention can be found in the administrative reconsideration and the administrative litigation incidental review requirements. ()

10 for the construction sector to reject applications for building permits, the public security bureau can not bring an administrative lawsuit. ()

Four, case analysis

City municipal management department according to the City Hall released "about financing the construction of city building facilities for Interim Measures" (hereinafter referred to as the "Interim Measures"), the red flag Machinery Factory built 5000 yuan fee collection. Hongqi machinery factory to the charge behavior there is no legal basis for administrative proceedings to the court. After court on City Hall the "Interim Measures" and the municipal administration collection costs, conduct the review, that City Hall the "Interim Measures" is legal, so the verdict of the "Interim Measures" to maintain, but the municipal administration fee in the regulation range is high, so the decision will change the original 5000 yuan fee 1000 yuan.

Ask: the provisions of the people's court judgment is in accordance with the administrative procedure law? Please explain the reason.

The second section of the administrative litigation jurisdiction

A, multiple choice questions (in the alternative answer only one is correct, the choose and its label written in brackets)

Jurisdiction over 1 administrative proceedings to determine the (The division of labor between).

A. courts and administrative organsB. different trial courtC. the people's courts at all levelsThe answer to above D.

Jurisdiction over 2 administrative litigation to solve the court (The division of authority between).

A. case of first instanceB. case of first instanceThe first and second instance trial C.D. retrial cases

Administrative cases of first instance 3 "to confirm the right of invention is governed by the intermediate court". This provision belongs to ().

A. territorial jurisdictionThe B. ruling jurisdictionC. jurisdictionD. designated jurisdiction

4 common case (jurisdiction).

A. plaintiff only to one of the courtB. plaintiff to more than two jurisdiction of the court

C. the plaintiff did not choose the court rightD. under the jurisdiction of the court only through consultation by the court decision

5 which of the following circumstances don't belong to the administrative procedure law article fourteenth (three) the provision "to the area of complex cases". ()

A. the people's governments above the county level, and the basic people's court is not suitable to hear a case

Joint action influence social group cases B.

C. if the amount is especially huge case

D. major foreign or relating to the Hongkong Special Administrative Region, Macao Special Administrative Region of Taiwan area case

6 A to A district court administrative proceedings, A District Court found that the case does not fall under its jurisdiction, it shall ().

A. rejected a complaintB. told a to the jurisdiction of the courtC. transferred to a court of competent jurisdiction

D. to the superior court decision

7 for immovable property lawsuit by (The court jurisdiction).

A. plaintiff's residenceB. where the defendantC. intermediate people's courtThe D. property is located

8 to the jurisdiction of the case has been transferred, if the court does think that the case does not belong to the jurisdiction of their own, should ().

A. will transfer the case to the people's court having jurisdictionThe B. report to his superior court

C. to two common superior courtD. straight trial, no longer to

9 about the jurisdiction objection, the following statement is correct ()

A. can only be made by the plaintiff or the defendantB. received notice of appearance in court shall, within 15 days from the date

C. can be presented in written or oral formD. third also has the jurisdiction objection right

A 10.A County residents in B County for prostitution behavior by the local public security organs in administrative detention for 15 days, a certain appeal, to bring a lawsuit. Court having jurisdiction: ()

A. A should be the county courts at the grassroots levelB. B should be the county courts at the grassroots levelC.A county and B county courts at the grassroots levelThe superior court of D.A county and B county courts at the grassroots level in common

Two, multiple choice questions (in the alternative answer in two to four is correct, all be selected and their label written in brackets)

1 the administrative litigation law eighteenth stipulation "the country of the claimant, including the plaintiff's (").

A. domicileB. often placeC. work locationD. is the restriction of personal freedom

2 "Proceedings of the compulsory measures to restrict personal freedom against the defendant, under the jurisdiction of the people's court or the plaintiff is located". This provision belongs to ().

A special region jurisdictionB. general jurisdictionC. statutory jurisdictionThe D. ruling jurisdiction

Administrative cases of first instance under the jurisdiction of the 3 intermediate people's Court (including)

A. confirmed case of the invention patents

B. cases handled by the customs;

C. to the various departments of the State Council or provincial, autonomous region. Proceedings of specific administrative act municipalities directly under the Central People's Government of the case;

D. within the jurisdiction of a court of first instance complex.

4 administrative procedure law article fourteenth (three) the provision "to the area of complex cases" refers to: ()

A. the people's governments above the county level, and the basic people's court is not suitable to hear a case

Joint action influence social group cases B.

C. if the amount is especially huge case

D. major foreign or relating to the Hongkong Special Administrative Region, Macao Special Administrative Region of Taiwan area case

The 5 review by the jurisdiction objection, the court which of the following is wrong: ()

A. rejectB. decision rejecting the petitionC. told the plaintiff be prosecuted

D. order to transfer the case to a court of competent jurisdiction

6 basic principles of general jurisdiction is the plaintiff to the defendant, the reasons are as follows: ()

A. is more conducive to the maintenance of administrative power

B. is a court trial

C. adaptation rules. Rules and other normative documents of regional characteristics

D. to prevent the abuse of litigation

7 according to the Supreme People's court "interpretation" of the provisions of article seventh, the reconsideration decision in any of the following circumstances, belongs to the provision of the administrative litigation law "to change the original specific administrative act":

A. change the main facts and evidence that the original specific administrative act;

B. change the specification according to the use of the original specific administrative act and the qualitative influence;

C. revoked. Partial revocation of the original specific administrative action results

D. change the result of processing the original specific administrative act

Transfer 8 jurisdiction refers to: ()

A. court had jurisdiction and transfer the case to another court

B. court because no jurisdiction and hand over the case to a court of competent jurisdiction

C. based on the superior court agreed, the lower court will this by administrative case its jurisdiction to the superior court

D. people's court at a higher level will this by administrative cases under the jurisdiction of his went to an inferior court

The 9 objection to the jurisdiction objection in the people include: ()

A. plaintiffB. accusedC. thirdD. their agents

 

Three, determine the title

1 ruling jurisdiction is the main way to determine jurisdiction. ()

2 because of the immovable property administrative lawsuit filed, only by not moving under the jurisdiction of the people's Court Estate is located. ()

3 two courts that have jurisdiction, the plaintiff has the right to choose. ()

The 4 objection to jurisdiction only in writing. ()

The 5 plaintiffs to more than two a lawsuit in the people's court jurisdiction, the jurisdiction of the court case first. ()

6 transfer of jurisdiction, the court held that the case has been transferred is not under its jurisdiction scope, can once again to. ()

7 administrative organs with fact based on both personal and property on the administrative compulsory measures, confiscated property of citizens on the confiscation act, which may apply to the court where the defendant to the plaintiff, or where the court proceedings. ()

8 transfer of jurisdiction can only be carried out in the court. ()

Jurisdiction 9 cases handled by the Customs for special court. ()

10 to foreign enterprises for the plaintiffs in the case of the administrative procedure law article fourteenth (three) the provision "to the area of complex cases". ()

Four, case analysis

1.S company is not allowed by the press and publication departments, unauthorized printing calendars issued. Tianjin Municipal Press and Publication Bureau identified as illegal publications, confiscation of illegal publications and fined two hundred thousand yuan for the. S company applies for administrative reconsideration to the national news agency. Administrative reconsideration of the State Press and Publication Administration Decision: to maintain the confiscation of illegal publications, fine of $two hundred thousand will be changed to a fine of fifty thousand yuan. S company still refuses to accept, to prosecute.

Excuse me, (1): S company should take for the defendant who bring an administrative lawsuit? Why?

(2) which court has jurisdiction? Why?

2 Zhang is to the field work of farmers, the Spring Festival home, on the train was found to carry 10 kilograms of explosives. Railway Public Security Bureau to Zhang secretly carrying explosives ride, in violation of the provisions of article management explosion on the grounds, on the basis of the provisions of the regulations on administrative penalties for public security, be given administrative detention for 15 days, and impose a fine of 200 yuan. Confiscate explosives. Zhang dissatisfied, lodge an administrative reconsideration to the City Railway Public Security Bureau, City Railway Public Security Bureau to maintain the original decision. Zhang to the railway transportation court administrative proceedings.
   I would like to ask: Railway Transportation Court should accept the case? The reason?

The fourteenth chapter administrative litigation participants

A, multiple choice questions (in the alternative answer only one is correct, the choose and its label written in brackets)

1 the following options, not belonging to the administrative litigation participants are: ()

A. plaintiffB. accusedC. defenderD. third

The parties shall include: (2)

The plaintiff accused A.B. plaintiff defendant and the third personC. the plaintiff. The common lawsuit people and third people

D. plaintiff defendant. The common litigants

3 the following about the statements of the parties, the right is: ()

Has certain relation between A. party with the specific administrative act

The B. parties without the capacity for action, the agent may in its own name to participate in the proceedings.

The C. client is subject to the people's court at people

D. both parties must have the capacity for rights in administrative litigation and civil litigation competence

4 a certain because violates the traffic rules. Driving B be traffic fines 100 yuan. Which of the following errors is:

A. can be a plaintiffB. B the plaintiff

C. B cannot become the plaintiffD. can be a third

5 industrial and commercial bureau made a decision to suspend production for rectification of the punishment for the Limited by Share Ltd A, which of the following statement is true: ()

A. the company's shareholders can sue

B. the company's board of directors can be sued

The shareholders' representative assembly of C. the company's nominal A companies prosecution

D. organization can be sued

Wu contracting A village 6 farmers land expropriation by the county government, is a can (Wu).

A. file a lawsuit in its own nameB. in the name of the A village of prosecutionC. does not have the qualification of the plaintiff

D. could be used as a common lawsuit people to participate in the proceedings

With the defendant qualification of 7 the following options are:

A. in the absence of legal rules or regulations. Situation of authorization, the specific administrative act on behalf of themselves in the administrative organization

B. in the absence of legal. Rules or regulations authorization, agency of the specific administrative act on behalf of themselves to the administrative organ

C. authority vested with administrative functions but do not have independent legal liability formed and institutions, in their own name to make concrete administrative behavior

D. beyond the statutory authority to make administrative behavior legal organizations authorized by laws

8 in the course of legal proceedings, the defendant ().

A. can change the original specific administrative actB. can't change the original specific administrative act

C. by the plaintiff agrees to change the original specific administrative actD. approved by court can change the original specific administrative act

9 Environmental Protection Bureau and the commerce and Industry Bureau for A enterprises jointly made the punishment decision, then ().

A. only industrial and commercial bureau has the qualification of defendantB. EPA may become the third party in litigation

C. industrial and commercial bureau can become the third party in litigationD. Environmental Protection Bureau and the commerce and Industry Bureau can become a co defendant

10 citizens because of the restriction of personal freedom and not a lawsuit, their close relatives ().

A. can name the civil prosecution

B. can be sued

C. only with the consent of the administrative organs permission to prosecute

D. only with the consent of the court permission to prosecute

Two, multiple choice questions (in the alternative answer in two to four is correct, all be selected and their label written in brackets)

1 administrative legal relation of administrative organs party can be in administrative litigation ().

A. plaintiffB. accusedC. co litigantsD. third

An agent ad litem including (2).

A. legal representativeB. designated agentC. agentD. defender

3 for some administrative agencies are a, B between the land use rights dispute ruling, the following statement is correct ()

A. has a plaintiff qualificationB. B has the qualification of the plaintiffC. a B can be co plaintiffs

D. a B can not become a co plaintiff

Have the plaintiff qualification 4 which of the following is the ().

A. specific administrative acts being sued to the adjacent right of citizens

B. specific administrative acts being sued to the fair competition right of enterprises

C. is for an additional third people in the reconsideration procedure in civil

D. requires the administrative organ in charge of additional liability injurer citizens

5 have the right to challenge the ().

A. plaintiffB. accusedC. thirdD. legal representative

6 approval of partnership enterprise registration file a lawsuit to the people's court, it shall ().

A. approved and registered trade name for the plaintiff

B. to partner co plaintiffs

C. by the partners executing the partnership enterprise affairs as the litigation representative

The answers are not more than D.

7 the Bureau of industry and commerce to revoke the business license of A Limited by Share Ltd, then ()

A. the company's shareholders can sue

B. the company's board of directors can be sued

The shareholders' representative assembly of C. the company's nominal A companies prosecution

Nominal D. organizations can enterprise prosecution

The plaintiff has the right (8Avoid) personnel.

The A. trialB. clerkThe C. interpreterD. identification

9 the plaintiff qualification of citizen dies, the plaintiff's qualification can be transferred to ().

The children of A.B. grandparentsC. grandchildrenD. has raised the relationship between relatives

10 the following options, with defendant qualification is ().

A. changed the original specific administrative act, the organ for reconsideration

Agency B. has made the specific administrative act

C. has made the specific administrative act of non administrative organization law. Laws and regulations authorized

Agencies entrusted by the exercise of powers of D.

Three, determine the title

The 1 parties including the statutory agent. ( )

Have a certain relationship between the 2 parties with the specific administrative act. ()

3 no litigation capacity citizens without the qualification of the plaintiff. ()

4 third person has the right to challenge. ()

5 administrative legal relation of administrative organs may become the third party litigation. ()

Name 6 Limited by Share Ltd shareholders can enterprise prosecution. ()

Two administrative organs 7 common administrative action can be co defendant. ()

8 citizens because of the restriction of personal freedom and not a lawsuit, his near relatives may name the civil prosecution. ()

9 beyond the statutory authority to make administrative law. Laws and regulations authorized organization does not have the qualification of the plaintiff. ()

Agencies entrusted by the exercise of powers of 10 does not have the qualification of the plaintiff. ()

Four, case analysis

1 pieces of armor. Zhang Yi and Zhang Bing founded the daily diet culture company, the nature of the enterprise registration and business license of the company of three people partnership. One day the District Health Bureau to the kitchen health is not up to the standard of administrative punishment made by, ordered to suspend business. Three people are dissatisfied, bring an administrative lawsuit.
Q: who is the plaintiffs in the case? What is the basis?

2, three people have the friction when eating in a restaurant with D. Make impertinent remarks, Ding, three people playing ding. The police quickly rushed to the Ding, four away, after the city, A District Public Security Bureau were fined 200 yuan.150 yuan.100 yuan of punishment. Application for reconsideration to three people, is the public security bureau to maintain the original ruling, three people to the court.

I would like to ask: (1) under the jurisdiction of the court should be the case?

(2) A District Public Security Bureau and the Municipal Public Security Bureau to the co defendant? Why?

(3) analysis of the law status of Ding? And explain the reason.

3 coastal city in the process of city planning implementation, released a normative documents, according to the tender, the west city commercial land use rights transfer to the capital of enterprises, the capital determines the winner. In 2004 April, Asia Pacific and Jinqiu companies are investment tender two enterprises, other conditions are basically the same, but the amount of capital contribution of Asia Pacific companies is much higher than the Jinqiu company. However, the City Hall finally decided by the Jinqiu company to develop the commercial land decision. Asia Pacific companies may think, City Hall violated the legitimate rights and interests of fair competition, filed an administrative lawsuit to the people's court, requesting revocation of City Hall made by Jinqiu companies to develop commercial land use decisions.

Excuse me: (1) the Asia Pacific companies have the plaintiff qualification? Why? If a citizen said afterwards told story, can bring an administrative lawsuit? Why?

(2) if the court accepted the case and the case company, Jinqiu is what the relationship?

(3) if the court revoked the City Hall decision, Jinqiu company whether can this appeal?

 

The fifteenth chapter of evidence in administrative litigation

A, multiple choice questions (in the alternative answer only one is correct, the choose and its label written in brackets)

1 the following options can be finalized, does not belong to the evidence in administrative litigation is (feature).

The A. legitimacyB. authenticityC. AssociationD. direct

The burden of proof of plaintiff includes (2).

The legality of the A. and the specific administrative acts in fact

B. and the specific administrative act rationality related facts

The legal standard errors of fact for C. defendant make administrative behavior

D. in administrative compensation litigation, that suffered losses due to the specific administrative acts of the facts

The main burden of proof in administrative litigation has 3:

A. courtB. agent ad litemC. thirdD. legal representative

The amount of compensation facts by reducing the administrative compensation procedure (4The burden of proof).

A. plaintiffB. accusedC. courtThe defendant's litigation agent D.

5 of the administrative litigation evidence collection, the court ().

A. can only request the parties to provide

B. can only take the initiative

C. can request the parties to provide, can also take the initiative

Options are not more than D.

The court may be (6The application of administrative litigation evidence).

A. accusedB. legal representativeC. designated agentD. third

The main evidence include (7).

The A. agentB. witnessC. identificationD. inspector

8 audit evidence is the main ().

Judge A.B. courtC. plaintiffD. accused

The illegal evidence should be excluded does not belong to 9 the following options is ().

A. serious violation of legal procedures to collect evidence

B. candid camera. Recording. Evidence obtaining wiretap etc.

C. to lure. Fraud. Stress. The evidence materials for violence and other illegal means

D. evidence fails to go through the formalities of legal evidence

10 audit evidence is the object ().

A. without evidenceB. without evidenceC. the facts of the caseD. witness testimony

Two, multiple choice questions (in the alternative answer in two to four is correct, all be selected and their label written in brackets)

1 the following options, which belongs to the evidence is ().

A. carB. IDC. a group of figuresD. video data

The 2 main administrative proceedings the burden of proof (including).

Judge A.B. witnessC. plaintiffD. third

Burden of proof of the defendant in administrative litigation has 3 bear ().

The legality of the A. and the specific administrative acts in fact

B. and the specific administrative act rationality related facts.

C. thinks about the fact the plaintiff surpasses the prosecution deadline.

D. in administrative compensation litigation of the defendant shall not compensate or reduce the amount of compensation facts

4 court of administrative litigation evidence (including).

A. according to the plaintiff's ApplicationB. the request of the defendant

According to C. third applicationsD. by its own initiative

5 judges that review basic methods are: (evidence).

A. follows the judge's occupation moralsB. use logical reasoning and life experience

C. comprehensive. Objective. Justice judgmentIn accordance with the instructions of the D. superior court

The main evidence is (6).

A. plaintiffB. accusedC. thirdD. agent ad litem

7 in accordance with China's "evidence regulation of administrative litigation", which of the following statements about the best evidence rule is correct ().

Department A. state organs and other functional authority than the official documents produced by other documentary evidence

B. is better than that of documentary evidence notarized or registration of other documentary evidence

The original C.. The original copies of copies is superior

D. witness' testimony is better than not to testify in court testimony of witness

8 the validity of evidence review include ().

A. evidence is in compliance with the statutory form

B. evidence has procedures in accordance with the law. Law. Judicial interpretation and regulations

Whether C. is affecting other illegal evidence effect

Options are not more than D.

9 it should be illegal evidence exclusion refers to ().

A. serious violation of legal procedures to collect evidence

B. candid camera. Recording. Evidence wiretapping means and infringe upon the legitimate rights and interests

C. to lure. Fraud. Stress. The evidence materials for violence and other illegal means

D. has no proper reason beyond the time limit for adducing evidence provided evidence

 

Three, determine the title

1 the plaintiff does not bear the burden of proof in administrative litigation. ()

2 administrative compensation litigation, the plaintiff should bear the burden of proof suffered losses due to the specific administrative acts of the facts. ()

3 audit evidence is the object of the facts of the case. ()

4 the candid camera. Recording. Evidence acquisition means of illegal wiretapping evidence should be excluded. ()

5 not to testify in court testimony of witnesses to testify in court testimony of witness is better than. ()

The main 6 quality certification includes litigation agent. ()

7 the court could apply for obtaining of evidence the defendant. ()

8 beyond the illegal evidence material proof period provided shall be excluded. ()

9 audit evidence is the main body of the judge. ()

10 the preservation of evidence forms can be divided into action in the preservation of evidence and evidence preservation before litigation two.

 

Four. Case analysis

1 provincial Trade and Industry Bureau of a gold jewelry company in the 99 years to 2000, successively two times without gold jewelry franchise factory hands to buy 20 kg of gold. The total amount of 1200000 yuan. A private trade behavior, in violation of relevant laws. In accordance with the law, the provincial Trade and Industry Bureau to make 10 yuan of administrative punishment for the company. After an administrative reconsideration. The reconsideration organ to maintain the original decision. Then sued. The court a copy of the indictment to the defendant. The Bureau of industry and Commerce in the trial. The end of the trial to submit evidence of their grasp. The evidence is very strong.

Ask: the court should make what decision? Why?

2 customer Zhang bought two discs from a record company, home after the discovery of very poor quality, complaints to the city administration of industry and commerce. The city industrial and commercial bureau immediately sent yang to survey. The 20 disc sequestration Yang on the counter is sold and sent to the national testing center detection of industrial product quality. Be detained for more than ten thousand disc in the warehouse. After testing, the dish is fake. Then that the company sold all of counterfeit products. The company punishable by a fine of 8000 yuan. The company refuses to obey, bring an administrative lawsuit. During the trial, the defendant found should be on the seized products were identified by number and sampling method of legal. Without court permission, the seized products sampling. Conclusion remains the same.
   Excuse me: (1) the defendant's conduct in which offenders?

(2) the court shall do what decision? Why?

The sixteenth chapter administrative proceedings

A, multiple choice questions (in the alternative answer only one is correct, the choose and its label written in brackets)

Administrative litigation for (1) and start.

A. fileThe B. admissibilityC. suedD. court shall notify the respondent

2 citizens, legal persons or other organizations due to force majeure or other special circumstances to delay the legal time limit, the elimination of barriers in the () days, can apply for extension of the time limit, the people's court.

A.10B.15C.30D.45

3 administrative proceedings prosecution should be () form.

A. writingB. orallyC. written or oral formIs not a requirement of D. law

4 the prosecution of repeated prosecution, the court should ().

The A. ruled inadmissibleThe court rejected the claim of B.C. decision rejecting the petitionThe D. admissibility

5 collegiate number must be ().

More than A. of three person singularB. five or more singularC. singularD. above a person

6 court shall after docketing the case (), will be a copy of the indictment and notice sent the sued administrative organ.

A.15B.5C.10D.3

The 7 courts in case of major. Administrative cases difficult, should ().

A. decided to invite the president of theB. submitted to the judicial committee for discussion and decision

C. drew the president submitted to the judicial committee for discussion and decisionD. draws a superior court decision

8 the following options, not qualified to appeal is: ()

A. plaintiffB. thirdC. legal representativeD. designated agent

9. law. Laws and regulations can be enforced by administrative organs in accordance with the law, or apply to the people's court for compulsory enforcement, the administrative organ may apply to the people's court for compulsory execution, the people's Court (Acceptance.

The A. shallB. canC. cannotD. law has no provision

The main 10 have the right to apply for withdrawal is ().

A. plaintiffB. accusedC. thirdD. legal representative

11 enforcement in administrative proceedings is on () execution.

A. judgment documentsThe B. trialC. first instance ruledD. specific administrative action

12 the following administrative proceedings do not meet the conditions of the option is executed ().

A. has performed according to theB. is available for execution content

C. the person subjected to execution fails to perform the obligationsD. for the parties put forward application for execution within the statutory time limit

13 on the implementation of the property involved in metastasis. To undertake corresponding obligations are ().

A. ExecutiveB. implementation of the partiesIn the C. implementationD. implementation of objection

14 the debtor's property, which of the following statements cannot be executed object? ()

A. depositsB. minimum living guaranteeC. housingD. securities

15 the following the implementation of measures, which should be applicable to administrative agencies? ().

A. auctionB. acquisitionC. freezeD. transfer

16 legal application to the implementation deadline is ().

A.1 yearsB.180 daysC. half yearD.6 months

17 the following about the non litigation administrative execution of a case statement, the error is ().

A. executive organs can be administrative organs

B. is performed according to the administrative organ makes a specific administrative act has been in force

C. implementation of the applicant is the administrative organ

D. implementation of the applicant is to determine the administrative adjudication right

18 non litigation administrative cases in the implementation, effectiveness of administrative act to determine the other rights under the application effectiveness of ().

A.1 yearsB.180 daysC.90 daysD.6 months

 

Two, multiple choice questions (in the alternative answer in two to four is correct, all be selected and their label written in brackets)

1 administrative proceedings prosecution conditions ().

A. plaintiff must consider the specific administrative acts infringe upon their legitimate rights and interests of citizens, legal persons or other organizations

B. has a definite defendant

C. has a specific claim and the facts

D. belongs to the people of the scope of the court and be subject to the jurisdiction of the people's Court of appeal

2 in any of the following circumstances, the people's court shall rule to reject ()

A. claims does not belong to the scope of administrative jurisdiction

B. prosecution without the plaintiff qualification

C. prosecutors staggered the defendant

D. sued over the statutory period without a justifiable reason

The 3 eligible appeal is: ()

A. plaintiffB. thirdC. legal representativeD. designated agent

4 the following options, can become the object is (Appeal).

A. local people's Court of first instance verdictB., the Supreme People's court verdict

C. people's Court of second instance remanded to the trial court for a retrial decision after theD. local court of second instance

The 5 Parties appeal (ways).

A. can only be made by the trial courtB. can only be made directly to the court of second instance

C. can be through the courtD. can be brought directly to the court of second instance

6 the following options, has the right to decide who initiate the procedure for trial supervision is ().

A. people's ProcuratorateDean B. the courtC. superior courtThe D. trial committee

7 to bring legal reason to the procedure for trial supervision must have ().

A. the original judgment. That fact the main evidence insufficiency

B. the original ruling. Ruling law regulations is wrong

C. violation of legal procedures, may affect the proper decision of the case

D. other violations of laws and regulations of the case

8 the people's court to voluntary withdrawal conditions ().

A. must be the plaintiff applies for withdrawal of theB. withdrawal application must be voluntary and clearly put forward

C. withdrawal shall not evade the lawD. withdrawal application must be in order before the judgment is pronounced the judgment

The default judgment is applied to the following (9Situation.

A. absence of accusedB. does not appear in court

C. was told by a legal summons appear involved and withdraw from the

D. defendant legally summoned two times before responding and unauthorized withdraws during the period of

10 in the process of the proceedings, the following () circumstances, the people's court shall render a ruling to terminate the proceedings.

A. the plaintiff dies, no close relatives or relatives give up litigation rights

B. as the legal person or other organization after the termination of the rights and obligations, people give up litigation rights

C. as a natural person the plaintiff lost the capacity for action, has not yet been determined the legal agent, suspend litigation for 90 days no one to suit

D. as the defendant's administrative termination

The executive organ of the administrative litigation can be (11).

The A. court of first instanceThe B. court of second instanceC. has the right to enforce the administrative organ

D. administrative organs

The 12 is that the administrative organ, which of the following statements cannot be executed object? ()

A. moneyB. itemsC. manThe behavior of D.

13 execution procedure mode ().

A. for executionThe B. generation of executionC. to performD. commissioned

Implementation of the main administrative proceedings are (14).

A. ExecutiveB. implementation of the partiesIn the C. implementationD. implementation of objection

The 15 cause legal reasons include (suspension of execution).

Where the applicant wishes to postpone the execution of A.;

B. case execution raises a reasonable objection;

C. one party dies, need to wait for the heir to inherit the rights or obligations;

D. as a legal party. Other organization is terminated, the rights and obligations has not been determined to bear

16 the following about the non litigation administrative execution jurisdiction, the correct statement is ().

A. special people's courts. The court of the people's court shall not accept sent the non litigation administrative execution cases;

B. non litigation administrative execution jurisdiction in principle by the applicant to the basic people's court;

C. departments under the State Council. The provincial people's government for the implementation of the cases, accepted by the intermediate people's court;

D. performs object as immovable property, immovable property is located by the jurisdiction of the grassroots people's court;

17 the debtor's property, which of the following statements can be executed object? ()

A. depositsB. minimum living guaranteeC. housingD. securities

The specific administrative act is for the implementation of the 18 have which of the following circumstances, the people's court shall decide not to execute. ()

A. obviously lacking basis in factB.'s apparent lack of legal basis

C. obvious breach of privilegeRepeated D. treatment behavior

19 administrative execution conditions ().

A. has performed according to theB. is available for execution content

C. the person subjected to execution fails to perform the obligationsD. for the parties put forward application for execution within the statutory time limit

 

Three, determine the title

1 administrative proceedings prosecution shall be conducted in written form. ()

2 the prosecution of repeated prosecution, the court dismissed the action request shall be. ()

The 3 courts in case of major. Administrative cases difficult, shall be directly submitted to the judicial committee for discussion and decision. ()

A trial of 4 of the Supreme People's court decision can be appealed object. ()

Only 5 of the plaintiff has the right to apply for withdrawal. ()

The 6 verdicts of violation of legal procedure is one of the legal reasons to initiate the procedure for trial supervision. ()

7 of the people's court at two times the legal subpoena, the plaintiff refuses to appear in court without justified reasons, may make a judgment by default. ()

The 8 suspension of action shall not be counted in the trial period. ()

9 the plaintiff's death, the people's court shall render a ruling to terminate the proceedings. ()

10 the people's court may take the initiative to decide to stop the execution of the specific administrative act. ()

11 enforcement in administrative proceedings, execution of the applicant or the respondent shall have a party is the administrative organ. ()

12 the administrative organ to perform its statutory responsibility behavior can not become the object of the execution in administrative litigation. ()

13 the administrative proceedings plaintiff as a person, person can not be used as the execution object. ()

14 the person to be enforced in charge of the pledge can be executed object. ()

15 transfer is the administrative organs and citizens can apply execution measures. ()

16 in the execution of administrative litigation, citizens apply for a period of 1 years, the administrative organ. A legal person or any other organization for 180 days. ()

17 whether the executing organ is a court or administrative agency, administrative compensation can be in the execution of the mediation system. ()

The executive organ of 18 non lawsuit administrative cases do not include the administrative organs. ()

19 non lawsuit administrative cases according to the court verdicts implementation is. ()

20 laws. Laws and regulations can be enforced by administrative organs in accordance with the law, or apply to the people's court for compulsory enforcement, the administrative organ may apply to the people's court for compulsory execution, the people's court shall accept the case according to law. ()

Four, case analysis

A citizen because of objections to the County Bureau of industry and Commerce on the decision of punishment to the people's court to bring an administrative lawsuit. The people's court, composed of 1 judges and 3 jurors form a collegial panel to conduct the trial, the jurors to the commerce and Industry Bureau deputy director. During the trial, the leadership has repeatedly demanded to hear trying circumstances of the case, and to request the people's court made the decision to keep the County Bureau of industry and Commerce punishment decision. The people's court according to the county Party committee leaders made maintenance decision. In the 5 days after the delivery of the court verdict, county people's Procuratorate on the trial procedures not legitimate grounds to lodge a protest to the county people's court.

I would like to ask: in the case where violation of the relevant provisions of the administrative procedure law?

The seventeenth chapter judgment ruling and decide

The first section of the administrative litigation law applicable

A, multiple choice questions (in the alternative answer only one is correct, the choose and its label written in brackets)

1 the following statement about application of law in administrative lawsuit, which one is wrong? ()

The main A. is applicable in the people's courtB. is the first application of legal norms

C. has the final legal effectD. only solve the issue of legitimacy

Application of 2 administrative litigation legal basis (not including).

A. lawB. administrative regulationsC. autonomous regulationsD. local regulations

"With reference to" regulations that (3).

A. rules do not have absolute binding to the people's court

B. government regulations have the absolute binding to the people's court

The legitimacy of C. the people's court may review and Adjudication Rules

Options are not more than D.

4 rules inconsistencies between each other, by ()

A., the Supreme People's court submitted to the State Council for the interpretation or award

B. the Supreme People's court shall be submitted to the National People's Congress to explain or award

The C. Trial Court Supreme Court decision

The D. trial court submitted to the State Council for decision

The conflicts between the 5 administrative regulations and law belongs to ().

A. regional conflictsThe B. levels of conflictC. the old and the new law conflictD. interpersonal conflict

6 the following selection rules does not comply with the provisions of the administrative procedure law in our country is ().

A. high order method is better than the low order methodThe B. method is better than the old method

C. special law is superior to general lawD. general method is better than the special method

7 Beijing city A District Public Security Bureau in accordance with the relevant regulations of Beijing City, the undocumented persons a forcible repatriation to return home, a disaffected, bring an administrative lawsuit in the B District Court of Chongqing city residence. The court in this case in accordance with the law is (according to).

A. Chongqing City Hall rulesB. Chongqing local regulationsC. Beijing local regulationsD. Beijing local regulations

8 "administrative procedure law" and the special method to make different provisions for the prosecution, shall apply ().

A. Administrative Procedure LawB. special lawC. the parties chooseD. choice of court

Principle 9 China on the retroactivity is ().

A. method in non retroactivityB. method in non retroactivityC. the parties chooseD. choice of court

The people's Court (10), should be based on the regulations on autonomy and separate regulations as the basis.

A. administrative casesAdministrative cases in national autonomous areas occurred B.

C. plaintiff for ethnic minoritiesD. third were ethnic minorities

Two, multiple choice questions (in the alternative answer in two to four is correct, all be selected and their label written in brackets)

1 the people's courts shall, according to the ().

A. State Council department. Commission according to the laws and administrative regulations of the State Council formulated the rules issued

B. State Council department. Commission according to the decisions of the State Council formulated the rules issued. Command

The people's Government of C. large city according to the laws and administrative regulations of the State Council formulated the rules issued

People's Congress D. large city according to the laws and administrative regulations of the State Council formulated the rules issued

Application of administrative litigation laws on the basis of 2 (including).

A. lawB. administrative regulationsC. autonomous regulationsD. local regulations

Below the effectiveness of the 3 local government regulations ().

A. lawB. administrative regulationsC. ministries regulationsD. local regulations

The validity of administrative normative documents issued 4 enjoys administrative power of the executive authorities ().

A. is lower than its formulation of administrative legislationB. is equal to its formulation of administrative legislation

C. is higher than that of the lower administrative organ regulationsD. below the lower administrative organ regulations

5 the following selection rules in accordance with the provisions of administrative litigation law in our country is ().

A. high order method is better than the low order methodThe B. method is better than the old method

C. special law is superior to general lawD. general method is better than the special method

The 6 has a larger city the right to formulate local regulations (refer to).

A. province. Autonomous region where the Municipal People's GovernmentB. province. Major city approved by the State Council

C. special economic zone is locatedThe Special Administrative Region of the city D.

During 7 a province citizens travel in B, by the public security organs of B province to sell obscene video for sheltering for investigation. The civil and administrative litigation. Then ().

A. a, B two provincial courts have jurisdictionThe B. trial should be based on local laws and regulations on the basis of a province

The C. trial should be based on local laws and regulations, on the basis of the BThe D. trial should be based on local laws and regulations to the seat of the court on the basis of the province

The application of conflict law 8 genera (including).

A. regional conflictsThe B. levels of conflictC. the old and the new law conflictD. interpersonal conflict

The characteristics of administrative litigation is the conflict between 9 ().

A. conflict occurred in our territoryB. is the legal conflicts in administrative litigation

Application of C. laws conflict can be avoidedThe law applicable to the conflict with the complexity of D.

10 the following selection rules in accordance with the provisions of administrative litigation law in our country is ().

A. high order method is better than the low order methodThe B. method is better than the old method

C. special law is superior to general lawD. general method is better than the special method

Three, determine the title

1 court during the trial to rules. ()

2 different provisions of the administrative reconsideration law and patent law review matters belong to the special conflict. ()

Principle 3 the conflict between the new and old applicable law is better than the old method. ()

4 the use of conflict, local laws and regulations is better than the national autonomy regulations. ()

5 the review by the people's court rules, not on its legality judgment. ()

6 the court may refer to the Supreme People's court in the trial of the judicial interpretation of the Supreme People's Procuratorate. ()

The application of conflict law 7 is due to the legislation itself. ()

8 selection rules can directly determine the administrative relationship between rights and obligations. ()

9 selection rules can be quoted by the administrative legal documents. ()

10 the people's court that inconsistent rules, the Supreme People's court shall refer the matter to the State Council for interpretation or ruling. ()

 

 

Section second ruling and decided to judgment

A, multiple choice questions (in the alternative answer only one is correct, the choose and its label written in brackets)

 1 sentence is the people's court in the case came to an end, it () the.

A. substantive issuesB. case procedures

Some special problems of C. in litigationD. proceedings of the problem

2 administrative litigation judgment is in the people's court in the () decisions.

A. proceedingsB. executableC. at the end of the trial of administrative casesD. proceedings

3 Effect of administrative litigation judgment (not including).

A. determine the forceB. executionC. bindingD. force

4 the following does not belong to the types of judgment is ().

A. maintenance decision B. undo decision C. D. refuses to accept the decision to change the decision

5 urban construction departments forcibly removed a residential one, a prosecution against. After the trial, the construction sector is illegal, the court should apply, which forms of decision? ()

A. revocation decisionB. maintenance decisionC. change decisionD. confirmation judgment

6 the prosecution of the defendant not as reason not established, the court should ().

A. decision rejecting the petitionThe court rejected the claim of B.

The C. ruled inadmissibleD. decision to dismiss the lawsuit

7 Citizens met rob requests an administrative organ to perform its duty to rescue, the administrative organ refuses to perform, the court shall apply (The verdict form).

A. revocationB. changeC. confirmed illegalD. performance

8 a certain because local spit was the punishment in administrative detention for 15 days, a prosecution against. The court should be the suitable form of judgment? ()

A. revocation decisionB. maintenance decisionC. change decisionD. confirmation judgment

9 the judgment of the first instance omitted to parties or claim, the people's Court of second instance shall ().

A. rescind the original judgment, the remandB. judgment of the original judgment, the remand

C. shall be amended according to the lawD. rejected the prosecution

10, the people's Court of second instance that the people's Court of first instance facts clearly, but the laws and regulations applicable to the wrong, should ().

A. rescind the original judgment, the remandB. judgment of the original judgment, the remand

C. shall be amended according to the lawD. rejected the prosecution

Two, multiple choice questions (in the alternative answer in two to four is correct, all be selected and their label written in brackets)

Including the validity of administrative litigation judgment (1).

A. determine the forceB. executionC. bindingD. force

2 administrative ruling made in (time).

A. the end of trialB. proceedingsC. executableD. special issue

3 is the people's Court of administrative litigation judgment (Conclusion the treatment).

Objection to the jurisdiction of A.The B. property preservation

C. administrative compensationThe legality of specific administrative acts being sued by D.

4 the people's court for judgment maintaining conditions ().

A. specific administrative act is irrefutable evidence B. applicable law regulations correctly

C. should be ordered in fulfilling its statutory duties have no actual meaning of D. in compliance with the statutory procedures

5 the people's court to make the cancellation decision, must be consistent with what conditions? ()

A. main insufficient evidenceLaws and regulations applicable to the B. error

C. violation of legal procedureD. breach of privilege

6, the people's Court of second instance that the people's Court of first instance violates the legal procedure may affect the correct judgment of the case, can ().

A. to rescind the original judgment, the prosecution dismissedB. rescind the decision, back to the trial court for a retrial

C. judgment confirming illegalD. gave the facts

7 to make effective judgment with violation of the statutory procedures may affect the fair trial of the case of retrial, the people's court shall rescind the original judgment, the people's court remanded to the re trial. Here the "violation of legal procedure (" refers to).

The A. trial judges in the case. The court clerk shall avoid but not inevitable

B. shall be trial without hearing the decision

C. for the case of claim is not the referee

D. omission to parties

The 8 one which of the following circumstances, the court should be ruled inadmissible. ()

A. prosecutor accused and refused to change the wrong columnB. is suing people without the qualification of plaintiff

C. sued over the statutory period ofD. repeated prosecution

9 ruling shall apply to which of the following? ()

A. will not be acceptedB. dismissed the action requestThe C. property preservationD. termination of execution

10, the people's Court of second instance trial that the people's court shall not accept that there is some error, and the prosecution of compliance with the statutory conditions, should ().

A. order to cancel the trial court's ruling, the people's court accepted the instruction

B. back to the people's Court of retrial

C. decision to change

D. went on trial

Three, determine the title

1 administrative litigation judgment refers to the decision made by the people's court in the administrative proceedings on the question of procedure for the binding process. ()

2 the specific administrative action is lawful but the rationality of the existence of the problem, the court shall rule to reject the plaintiff's claim. ()

Law 3 the sued specific behavior, but cannot be revoked, the court should make the judgment for confirmation. ()

The 4 basic forms of administrative litigation judgment is the judgment maintaining revocation decision and to change the decision. ()

5, the people's Court of second instance that the people's Court of first instance violates the legal procedure may affect the correct judgment of the case, we can ascertain the facts after revision. ()

The people's Court of first instance made 6 substantive judgment, the people's Court of second instance that should not be accepted, can directly rejected the prosecution. ()

7 people's court retrial cases, believes that the original judgment. Judgment is indeed wrong, in the revocation of the original judgment or ruling at the same time, the court ruled to the contents of the corresponding referee. ()

8 people's court retrial cases, that the claims not concerned the judge for the case of, can go straight to. ()

9 the prosecution than the statutory time limit without a justifiable reason, the court should be ruled inadmissible. ()

The plaintiff dies 10 during the course of litigation,, need to wait for their close relatives to participate in the proceedings, the people's court shall rule to suspend the litigation. ()

 

The eighteenth chapter administrative compensation and administrative compensation

A, multiple choice questions (in the alternative answer only one is correct, the choose and its label written in brackets)

The 1 national administrative compensation cases (negative  )

Staff at the A. health authorities due to illegal damage in check in health

B. administrative personnel causes damage to another party due to their personal behavior

Behavior of C. in the state-owned enterprises and institutions operating damage

D., the state-owned enterprises and institutions and administrative cadres in the performance of its functions and powers and causes damage to others

2 according to the provisions of China's state compensation law, state compensation loss refers to the applicant (  )

A. all the lossB. direct loss

C. indirect lossD.B and C losses

3 for postal damage claims belongs to (  )

A. administrative compensationB. civil compensation

C. administrative compensationCompensation for damage caused by public facilities in D.

4 for expropriation and give the administrative relative party losses, opposite party can request (  )

A. administrative compensationB. civil compensation

C. state compensationD. administrative compensation

5 County Health Bureau commissioned a shopping mall in the Shang Zhi field spitting fine people, such as the mall a fines for illegal, is responsible for compensation is (  )

A. County Health BureauB. a shopping mall

C. County Health Bureau to a market recoveryD. fine personnel of a shopping mall

The illegal practice behavior required by the 6 State Compensation Law refers to violation (  )

A. lawB. law and the administrative rules and regulations

C. laws, regulations and rulesD. laws and legal principles

Some 7 police officers in the treatment of Zhang Prince of thieves at Wang Mouke with a fine of 50 yuan. Such as Wang Mou claims for state compensation, he shall provide (  Proposed).

A. sent the police station Public Security BureauB. Zhang

C. police stationD.A or C

8 according to the provisions of the State Compensation Law of our country, the amount of compensation may be the following (the highest  )

A. caused the citizen body general damageB. caused a citizen dies

C. citizen caused partial loss of working capacityD. in which citizens of total loss of ability to work

9 the rights of minors by administrative organs and their staff exercising authority of damage, the claimant shall be (  )

A. guardians of minorsB. minor

C. commissioned the guardians of minors the lawyersD.A and B can

The burden of proof in China in the 10 administrative compensation litigation is (  )

A. proofB. burden of proof of plaintiff

C. court the burden of proofD. with reference to the provisions of the Civil Procedure Law

Two, multiple choice questions (in the alternative answer in two to four is correct, all be selected and their label written in brackets)

1.  The act of duty) caused by damage, the state must bear the responsibility for compensation

A. state administrative organsB. administrative personnel

Authorized C. laws and regulations, organizationD. administrative organs entrusted organization

2 belong to the scope of administrative compensation is (  )

A. the public security organs illegal administrative punishment

B. township government or private prison staff, with the method of detention or disguised detention, deprivation not sold grain, black population.

C. administrative organs exercise their functions and powers of the Commission staff organizations (such as the defense team) by beating, kneeling by the citizen body injury.

D. administration beyond the authority of the injury

3 according to the state compensation law, the state does not assume liability to pay compensation cases are mainly (  )

A. where a citizen, legal person or other organization his act causes damage

B. administrative staff to implement and the right to hold a position independent

Other circumstances stipulated by laws, rules and regulations of C.

Other circumstances stipulated by law D.

4 ways of administrative compensation in our country have (  )

A. alone on the issue of compensation first apply to the people's court

B. alone on the issue of compensation first apply to the administrative organ

C. in the review process and other issues are put forward

D. in administrative litigation and other issues are put forward

5 according to the "State Compensation Law" and "administrative procedure law", the scope of administrative compensation can be divided into (  )

A. damage caused by a specific administrative actB. damage caused by the abstract administrative act

C. damage caused by the fact behaviorThe judicial behavior caused D. damage

6 the administrative organ or its personnel in any of the following (  ) violations of property rights situation, the State shall compensate.

A. illegal on property seizure, seizure, freezing and other administrative enforcement measures

B. violation fines, rescission of a license or permit, order to suspend production or business, the confiscation of property

C. in violation of state regulations, levying property, apportion expenses

Other illegal behavior of D. cause damage to property

The provisions of the State Compensation Law of 7 exercise authority behavior, should generally include (  )

Close A. and exercises the authority behavior

B. working hours to make the authority behavior

C. jurisdiction authority behavior

D. beyond the authority behavior and breach of privilege behavior

8 for the applicant to the organ liable for compensation claims, state compensation law has (  )

A. should be a written application

B. can also be an oral application, the organ liable for compensation records

C. please write the petitioner is difficult, can entrust others doing

D. written application must be complete in contents, meet the statutory form

9 the state administrative organs to recover conditions (for civil servants  )

A. administrative organ of the state finance to afford

B. state administrative organs without any fault

C. administrative compensation to victim compensation

D. citizen is deceased, his successor or other relatives with maintenance

Three, determine the title

1 the claimant claims for state compensation, the people's court authority, obligation of compensation can receive the necessary costs to its. (  )

2 of the compensation claimant get compensation for personal income tax. (  )

3 as long as the administrative behavior of administrative organs and administrative organs of the staff to the citizens, legal persons or other organizations of the legitimate rights and interests caused damage, countries must bear the responsibility of administrative compensation. (  )

4 as long as it is the liability of administrative subject must have the responsibility of administrative compensation. (  )

5 administrative compensation litigation and administrative litigation shall not apply mediation. (  )

6 in administrative compensation litigation also implement "the defendant bear the burden of proof principle". (  )

7 the entrusted organization beyond the delegated authority, the illegal abuse of power of attorney, the organization shall bear the legal liability resulting including administrative liability. (  )

Caused by illegal administrative act 8 not all administrative organs and their staff by damage, state compensation. (  )

Prescription 9 claimant claims for state compensation for two years, calculating from the date of occurrence of the damage. (  )

10 tax authorities illegal detention of a self-employed tax evasion, tax authorities can take the responsibility of administrative compensation. (  )

Four, case analysis

An advertising company in a train station waiting room set up a cigarette a billboard. A city construction committee, city management office found that the acts in violation of the provisions of China's "advertisement law" eighteenth article: "no waiting rooms, theaters, conference halls, sports venues and other public places in various tobacco ads." So notified, the advertising company, requested its removal. Some advertising companies ignore. One day, a city construction commission, city management office staff removed the billboard, and sent to the advertising company has taken the business license of the company. Refuses to accept an advertising company, sued to the court, claim compensation billboard is demolished the loss of 200 yuan, the business license is copied and the direct economic loss of 2000 yuan during the suspension period, revenue loss of 5000 yuan.

Excuse me:

(1) Commission city management office a city construction behavior legal? Why?

(2) an advertising company can bring an administrative compensation lawsuit directly? Why?

(3) an advertising company shall claim the administrative compensation to whom? Why?

(4) the advertising company can get compensation? Why?