论述行政执法的生效要件有哪些？
论述公司的分类。
设立有限公司应当具备哪些条件？
论述行政处罚的种类行政处罚的种类有哪些？
论述行政执法的生效要件有哪些？
试述我国政权组织形式与国家性质之间的关系。
题目
行政执法
（1）行政执法的主体合法。即行政执法行为的主体必须是依法组成并具有该项行政执法权力的行政机关。
（2）行政执法的内容合法。即所实施的行政执法行为必须属于该行政机关的法定职权和权限范围之内。
（3）行政执法的意思表示真实。即行政执法行为的实施是出于行政主体的真实意思表示，而不是出于被胁迫、被欺诈或在其他不正常的情况下所为。
（4）行政执法的相对人具有法定的权利能力和行为能力。例如，不能使幼儿或精神病患者承担行政责任。
（5）行政执法的程序合法。
（6）行政执法的形式合法。
上述六项中，前四项为实体要件，后两项为程序要件。行政执法行为如果缺少其中任何一项要件，该行为就是无效的或者是可撤销的，因而不具有法律效力。
多做几道
最新试题
- 简述结构式观察法的要素。
- 简述设计收集资料的方案前应考虑的问题。
- 荟萃分析
- 名词解释:观察前准备阶段
- 名词解释:霍桑效应
- 英联邦社区护理中最重要的服务形式是A社区护理组织B家庭护理组织C老年人社区护理组织D健康访视组织
- 为老年人提供有效护理的前提和保证是A提高自身业务能力B熟悉老年人的健康需求C定期进行健康检查D及时发现老年人患病的早期征象和危险信号
- 社区传染病二级预防主要是A处理好医疗废弃物，如注射器针头B隔离传染病患者C传染病疫情报告管理D抢救危急重症患者
- 社区护理最突出的特点是A随医学模式转变而出现的新领域B专业性极强C需运用管理学D面向社区和家庭
- 慢性病自我管理的任务不包括A医疗行为管理B增强自我管理的知识和技能C角色管理D情绪管理
该科目易错题
- Level of education is a measure of life quality. ( )ATrueBFalseCNot Given
- Cost of living in Ireland is pretty high. ( )ATrueBFalseCNot Given
- 材料全屏 Singapore【*】Singapore is an independent city-state in southeastern Asia, consisting of one major island—the Singapore island—and more than 50 small islands, located off the southern tip of Malay. The city of Singapore, the capital of the country, is at the southeastern end of the Singapore Island; it is one of the most important port cities and commercial centers of Southeast Asia. The total area of the republic is 640 sq kmLow-lying Singapore Island has no outstanding relief(轮廓鲜明的) features. A central area of hills rises to the maximum height of 176 m. The country has a wet tropical climate, with an average annual temperature of 27.20℃. The average annual rainfall is 2.413 mm. the wettest months are November through January.Singapore is governed under a constitution of 1959. A president, elected to a four-year term, is head of state, and a prime minister is head of government. The president used to be selected by Parliament, but by 1991 constitutional amendment（修正案）, the president is now elected directly by the people. The Parliament is the law-making body with its 81 members popularly elected.【*】In the late 1980s the country had some 290 primary schools with 278,300 pupils and 160 secondary schools with 200,200 students. The main institutions of higher education are the National University of Singapore, several technical colleges, and a teachers college.【*】Singapore has one of the highest standards of living of any country in Asia. In the late 1980s the gross domestic product was estimated at $23.7 billion, or $8, 870 per person. The fishing industry is centered on the port of During, on southwestern Singapore Island. Industry has grown rapidly since the 1960s, and Singapore now produces a diversity of goods, including chemicals, electronic items, clothing, and processed foods, etc. Shipbuilding and petroleum refining are also important.1【单选】Paragraph 1（）AEducationBLand and ClimateCState SystemDGeneral IntroductionEEconomyFPopulation
- Paragraph 2（）AEducationBLand and ClimateCState SystemDGeneral IntroductionEEconomyFPopulation
- Immigration and Problems【*】Hundreds of thousands of people supporting immigration rights in the US filled streets all over America in early 2006. Many held signs and American flags and asked to be __1__ as citizens rather than criminals. Senator John McCain held the opinion that the country should open a __2__to citizenship to immigrants(移民) who were already in the country illegally, while other politicians__3__ for stricter measures-----including rounding up undocumented immigrants and sending them back to their home countries.【*】Canadian officials say that immigration applications continue to rise. Some want to keep the doors __4__. They need the labor. About 400,000 immigrants were allowed into the country in 2005, according to the Canadian Government statistics. __5__ all this growth means that cities need to adapt. New comers don’t always make a smooth transition into jobs for which they are skilled. So industries are using mentoring(辅导)programs to help new __6__ find proper jobs.【*】With the large numbers of undocumented African immigrants arriving in the Canary Islands, the Spanish Government has decided to get __7__. There will be no more mass amnesties(特赦)for the illegal immigrants, and anyone coming to Spain without __8__ will be sent back.【*】France's new immigration and integration law gives the government new powers to encourage high-skilled migration. It takes __9__ in 2007. The new law authorizes the government to help these identified employers find immigrant workers with needed skills or qualifications. The selected foreign employees will be granted"skills and talents"visas(签证). But some people show the concern that it’ll cause brain drain in 40 countries.A. immigrants B. HoweverC developing D.pathE. open F. toughG. effect H. ThereforeI .developed J. permissionK. treated L called
- Testing: Is it the only way to Evaluate Students?【*】About ten percent of __1__ (spend)on primary and secondary education in the United States comes from the federal government. For ten years now, federal law has tied this cost to student __2__ (perform). States have been required to show progress through __3__ (year) testing.【*】States saying testing tells only part of the story about efforts by school and students to improve. So the Obama administration has eased the limits on states in __4__ (measure) performance.The western state of Colorado for example, has a new __5__ (assess) method. The idea is to show __6__ (academy) growth, not just achievement on tests. It combines test scores, family income levels, school size, the ethnicity of the student and many other factors.【*】Josh Smith is principal of a middle school in a network of public charter schools __7__ (call). West Denver Prep Charter schools are publicly funded but not operated the same as __8__ (tradition) public schools. Mr. Smith says he likes to show his students this graph so they can see their school’s progress. On average, students enter sixth grade at West Denver Prep __9__ (perform) below grade level. __10__ (strange) enough, most are outperforming other students across the state three years later.
- 材料全屏 Saving Money【*】Where you save your money often depends on what you are saving for. If you are saving to buy a dictionary or to go to a concert, then you probably keep your money __1__ in your room.【*】If you are __2__ for a big purchase like a mountain bike or a school trip, where would you save your money?【*】One place to save money is the bank. Putting your money in a savings account will help yourmonev__3__ more money. If you put your money in a piggy bank(猪形储蓄罐), one year later you'll still have the __4__ amount of money you put in. If you put your money in a savings account, one year later, you'll have more money than you put in. Why?【*】When you keep your money in a __5__, your money earns interest. __6__ is the amount of a bank pays you to use your money. The bank uses your money (and the money of other people) to loan money to people and businesses.【*】Another way you can save money is to buy a certificate of deposit or CD. If you have some money that you don't need to use for a __7__ time, this is a good way to make your money __8__.【*】Since the bank is using your money for that time period, it will __9__ you interest. You will earn more interest with a CD than in a savings account. Can you guess why? It's because you promise to leave your money in the bank for a certain period of time. Banks pay __10__ rates of interest.1【简答】A.long B. same C. bank D. earn E. pay F. grow G. inside H. different I. interest J. somewhere K. saving L raise
- Cell Phones: Hang Up or Keep Talking?【*】Millions of people are using cell phones today. In many places it is actually considered __1__ (usual) not to use one. They find that the phones are more than a means of __2__ (communicate)---having a mobile phone shows that they are cool and __3__(connect).【*】The __4__ (explode) around the world in mobile phone use make some health professional worried. Some doctors are __5__ (concern) that in the future many people may suffer health problems from the use of mobile phones. In England, there has been a serious debate about this issue. Mobile phone companies are worried about the negative 46(public) of such ideas. They say that there is no __7__ (prove) that mobile phones are bad for your health.【*】On the other hand, signs of change in the issues of the brain and head can be __8__ (detect) with modern scanning equipment. What is it that makes mobile phones __9__ (potential) harmful? The answer is radiation.【*】As the discussion about their safety continues, it appears that it's best to use mobile phones less often. Use your regular phone if you want to talk for a long time. Use your mobile phone only when you really need it. Mobile phones can be very useful and convenient, especially in emergencies. In the future, mobile phones may have a __10__ (warn) label that says they are bad for your health. So for now, it's wise not to use your mobile phone too often.
- 材料全屏 Job or Money【*】Would you quit your job if you didn't need the money? In a 1990 poll by the Gallop Organization, many people said quitting work was an important reason to be rich. Yet researchers find that work is one of life's chief satisfactions for people.【*】Consider W. Berry Fowler. In 1979, Fowler started a tutoring company that became so successful he was able to sell out and retire in 1978----a multimillionaire at 40. He bought a 50-foot cabin cruiser and a house in Hawaii, and busied himself vacationing.【*】But after five years of perpetual vacation, Fowler began to miss the challenges of work. So in 1992, he bought a fitness chain for children and now spends 75 hours a week immersed in balance sheets and staff meetings."My best days on the golf course weren't half as much fun as a good day at the office, he says.【*】A job, studies show, is more than a paycheck. Doing something well can increase confidence and self-worth. When sociologist H. Ray Kaplan surveyed 139 lottery millionaires, he discovered 60 percent continued working at least a year after they’d won.【*】If jobs are so important, wouldn't salary size be a gauge of job satisfaction? Americans think so. A survey conducted last year by Roper Starch Worldwide, Inc. , found that almost 70 percent of the respondents said they would be happier if their families had twice as much household income. Yet studies show that job satisfaction comes less from how much people earn than from the challenge of their jobs and the control they are able to exert. Work that doesn't engage a person will never seem rewarding, no matter how lucrative it becomes.1【单选】The Gallop poll shows many people want to be rich in order not to work.（）A RightBWrongCNot mentioned
- Researchers did another survey after the Gallop poll.（）ARightBWrongCNot mentioned
© 2024-2024 koolearn.com 版权所有 全国客服专线：400-676-2300
京ICP备2024050960号-2
京公网安备11010802044296号
ICP许可证编号:京B2-20241156
信息网络传播视听许可证：0110531
新东方教育科技集团旗下成员公司