行政处罚法试题.doc

1、popular innovation, the much anticipated entrepreneurial atmosphere. Six is to highlight the strong comprehensive and strict guarantees, constantly consolidate the basis of the party building. As the biggest achievement in grasping party building, fully strictly administering the party achieved rema

2、rkable results. Cast soul guben caught idea. Adhere to the important mission of inspiring, gather the people with common ideals, with development achievements inspired people, conscientiously study the partys latest theoretical achievements, further carry out various types of mass selecting mode sel

3、ection, multiple trees and carrying forward the righteousness of fresh air, and constantly promote the development of positive energy together. Strict management of cadres. Developed has new promoted section cadres evaluation and debriefing approach, and township section cadres attendance report inf

4、ormed system and leaders talk talk approach, perfect has Township morning will system, specification has Township cadres management; according to “good cadres“ standard selection cadres, set has heavy conduct, and heavy performance, and heavy grass-roots, and heavy public of oriented; research devel

5、oped party work supervision and grass-roots party assessment evaluation approach, formed has three level Secretary linkage caught party of pattern. Wind Su JI caught style. Carry out “three-three“ special education and strictly investigate and called upon to inform the name violates the Central “eig

6、ht rules“ of people and things, concentration and control of frivolity and not as style, as issues such as cadres style continuous improvement. Responsibility to catch the independent Commission against corruption. Strictly implement the “3883“ responsibility, and fully cooperate with inspections of

7、 municipal party Committee, listen to the peoples congresses, Governments, CPPCC Committee, the County party Committee Standing Committee, Township departments mainly responsible for the implementation of responsibility briefing, step by step to carry out interviews, layers of conductive pressure, c

8、lean system continuously. 2015 work go hand in hand, with remarkable results, marked “Twelve-Five“ collector of development success. In five years, the County in accordance with the “effective strengthening four support and further development of the five industries, accelerate the construction of t

9、hree major patterns“ strategy, focused, hard work, and promoting the rapid, sustained and healthy development of economy and society, becoming the fastest-accelerating the adjustment of the economic structure, enhance comprehensive strength, significant infrastructure improvements, urban and rural .

10、 For five years, wrote on the event in the history of jingchuan brilliant chapter. The practice shows that in five years, must adhere to the development the first priority is not shaken, must adhere to the project driven strategy up, must adhere to the deep development does not stop, must adhere to

11、a comprehensive reform does not retreat, must adhere to the strengthening work style building do not slack off,博兴县工商行政管理局六月份普法学法试题（试题内容：行政处罚法）所属单位： 姓名： 分数： 一、选择题 （每题 1分，共 20题）1行政处罚法的功能在于：（ ） A预防 B惩罚与教育 C杜绝 D警示2. 下列事项中，行政机关在作出处罚决定前不必告知当事人的是哪一项？（ ）A作出行政处罚决定的事实和理由B作出行政处罚的依据C行政处罚的履行方式和期限D当事人依法享有的权利3. 下列

12、关于行政处罚中“一事不再罚原则”的表述哪个是正确的？（ ）A一个违法行为不能进行多种行政处罚B两个行政机关分别依据不同的法律规范给予当事人两个罚款的处罚C对一个违法行为已由一个行政机关依法进行了罚款，其他行政机关不能再对其进行罚款D一个违法行为，多个处罚主体不能根据不同的法律规范作出不同种类的处罚4. 某工商局在办理完毕某企业变更法定代表人登记 1年之后，发现办理登记的工作人员由于工作疏忽未认真核实有关材料，导致作出了错误的变更登记。在这种情况下，工商局应当如何处理？（ ）A撤销变更登记，恢复到原来的登记状态B吊销企业法人营业执照C撤销企业法人营业执照，对于由此给企业造成的损失予以适当赔偿D注

13、销企业法人营业执照，给予企业适当补偿popular innovation, the much anticipated entrepreneurial atmosphere. Six is to highlight the strong comprehensive and strict guarantees, constantly consolidate the basis of the party building. As the biggest achievement in grasping party building, fully strictly administering the p

14、arty achieved remarkable results. Cast soul guben caught idea. Adhere to the important mission of inspiring, gather the people with common ideals, with development achievements inspired people, conscientiously study the partys latest theoretical achievements, further carry out various types of mass

15、selecting mode selection, multiple trees and carrying forward the righteousness of fresh air, and constantly promote the development of positive energy together. Strict management of cadres. Developed has new promoted section cadres evaluation and debriefing approach, and township section cadres att

16、endance report informed system and leaders talk talk approach, perfect has Township morning will system, specification has Township cadres management; according to “good cadres“ standard selection cadres, set has heavy conduct, and heavy performance, and heavy grass-roots, and heavy public of orient

17、ed; research developed party work supervision and grass-roots party assessment evaluation approach, formed has three level Secretary linkage caught party of pattern. Wind Su JI caught style. Carry out “three-three“ special education and strictly investigate and called upon to inform the name violate

18、s the Central “eight rules“ of people and things, concentration and control of frivolity and not as style, as issues such as cadres style continuous improvement. Responsibility to catch the independent Commission against corruption. Strictly implement the “3883“ responsibility, and fully cooperate w

19、ith inspections of municipal party Committee, listen to the peoples congresses, Governments, CPPCC Committee, the County party Committee Standing Committee, Township departments mainly responsible for the implementation of responsibility briefing, step by step to carry out interviews, layers of cond

20、uctive pressure, clean system continuously. 2015 work go hand in hand, with remarkable results, marked “Twelve-Five“ collector of development success. In five years, the County in accordance with the “effective strengthening four support and further development of the five industries, accelerate the

21、 construction of three major patterns“ strategy, focused, hard work, and promoting the rapid, sustained and healthy development of economy and society, becoming the fastest-accelerating the adjustment of the economic structure, enhance comprehensive strength, significant infrastructure improvements,

22、 urban and rural . For five years, wrote on the event in the history of jingchuan brilliant chapter. The practice shows that in five years, must adhere to the development the first priority is not shaken, must adhere to the project driven strategy up, must adhere to the deep development does not sto

23、p, must adhere to a comprehensive reform does not retreat, must adhere to the strengthening work style building do not slack off,5. 某市欲制定一项地方性法规，对某项行为进行行政处罚。根据有关法律规定，该法规不得创设的行政处罚措施是（ ）A罚款 B没收违法所得C责令停产、停业D吊销企业营业执照6. 根据行政处罚法的规定，对公民当场处以罚款的数额为（ ）A50 元 B60 元C100 元D200 元7. 钱某出售劣药，使购买其劣药的李某吃后中毒住院抢救，钱某这一违法行

24、为尚未构成犯罪，对此，钱某应当（ ）A受到行政处罚B依法承担给李某造成损害的民事责任C受到刑事责任的追究D既要受到行政处罚，又要依法承担给李某造成损害的民事责任8. 行政处罚由违法行为发生地的（ ）人民政府具有行政处罚权的行政机关管辖。A地市级以上 B乡镇级以上C县级以上 D省级以上9. 我国行政处罚法第 37条规定：“行政机关在调查或进行检查时，执法人员不得少于两人，并应当向当事人或有关人员出示证件。 ”这体现了行政程序法中的哪一基本制度? （ ）A调查制度 B告知制度C表明身份制度D说明理由制度popular innovation, the much anticipated entrepr

25、eneurial atmosphere. Six is to highlight the strong comprehensive and strict guarantees, constantly consolidate the basis of the party building. As the biggest achievement in grasping party building, fully strictly administering the party achieved remarkable results. Cast soul guben caught idea. Adh

26、ere to the important mission of inspiring, gather the people with common ideals, with development achievements inspired people, conscientiously study the partys latest theoretical achievements, further carry out various types of mass selecting mode selection, multiple trees and carrying forward the

27、righteousness of fresh air, and constantly promote the development of positive energy together. Strict management of cadres. Developed has new promoted section cadres evaluation and debriefing approach, and township section cadres attendance report informed system and leaders talk talk approach, per

28、fect has Township morning will system, specification has Township cadres management; according to “good cadres“ standard selection cadres, set has heavy conduct, and heavy performance, and heavy grass-roots, and heavy public of oriented; research developed party work supervision and grass-roots part

29、y assessment evaluation approach, formed has three level Secretary linkage caught party of pattern. Wind Su JI caught style. Carry out “three-three“ special education and strictly investigate and called upon to inform the name violates the Central “eight rules“ of people and things, concentration an

30、d control of frivolity and not as style, as issues such as cadres style continuous improvement. Responsibility to catch the independent Commission against corruption. Strictly implement the “3883“ responsibility, and fully cooperate with inspections of municipal party Committee, listen to the people

31、s congresses, Governments, CPPCC Committee, the County party Committee Standing Committee, Township departments mainly responsible for the implementation of responsibility briefing, step by step to carry out interviews, layers of conductive pressure, clean system continuously. 2015 work go hand in h

32、and, with remarkable results, marked “Twelve-Five“ collector of development success. In five years, the County in accordance with the “effective strengthening four support and further development of the five industries, accelerate the construction of three major patterns“ strategy, focused, hard wor

33、k, and promoting the rapid, sustained and healthy development of economy and society, becoming the fastest-accelerating the adjustment of the economic structure, enhance comprehensive strength, significant infrastructure improvements, urban and rural . For five years, wrote on the event in the histo

34、ry of jingchuan brilliant chapter. The practice shows that in five years, must adhere to the development the first priority is not shaken, must adhere to the project driven strategy up, must adhere to the deep development does not stop, must adhere to a comprehensive reform does not retreat, must ad

35、here to the strengthening work style building do not slack off,10. 根据行政处罚法的规定，下列各项中，不属于听证范围的是（ ）A行政拘留B吊销营业执照C.责令停产停业D较大数额的罚款11. 下面有关行政处罚设定的范围，哪些表述是正确的？ （ ）A地方性法规可以设定限制人身自由的行政处罚B地方性法规可以设定吊销企业营业执照的行政处罚C法律可以设定限制人身自由的行政处罚D行政法规可以设定限制人身自由的行政处罚12. 某村村民胡某生产假酒进行销售，致使村民多人喝其酒后中毒，对身体造成严重危害。受害人亲属向当地县工商局举报，县工商局前来

36、调查处理，调查结果认为，胡某的行为已经构成犯罪。对此，县工商局应当如何处理？ （ ）A对胡某进行最严厉的行政处罚B自行进行侦察，然后移送司法机关C移送司法机关，由司法机关依法追究胡某的刑事责任D对胡某进行行政处罚，然后移送司法机关13. 根据行政处罚法的规定，下列选项中哪些不属于应当依法从轻或者减轻行政处罚的情形？（ ）A. 已满 14周岁不满 18周岁的人有违法行为的B. 主动消除或者减轻违法行为危害后果的C. 伙同他人实施违法行为的D. 配合行政机关查处违法行为有立功表现的14. 2002年 9月 15日，张某经人介绍购进一批盗版影碟在某县出售，截止 9月 20日全部售完。2002 年 9

37、月 27日被他人告发，县工商机关经过调查核实，于次日作出对其处以 500元罚款的处罚决定。下列表述正确的有：（ ）A. 该处罚决定是对该违法行为的追究，应予以支持B. 该处罚决定是工商机关滥用职权的表现C. 该处罚决定是工商机关越权的表现popular innovation, the much anticipated entrepreneurial atmosphere. Six is to highlight the strong comprehensive and strict guarantees, constantly consolidate the basis of the part

38、y building. As the biggest achievement in grasping party building, fully strictly administering the party achieved remarkable results. Cast soul guben caught idea. Adhere to the important mission of inspiring, gather the people with common ideals, with development achievements inspired people, consc

39、ientiously study the partys latest theoretical achievements, further carry out various types of mass selecting mode selection, multiple trees and carrying forward the righteousness of fresh air, and constantly promote the development of positive energy together. Strict management of cadres. Develope

40、d has new promoted section cadres evaluation and debriefing approach, and township section cadres attendance report informed system and leaders talk talk approach, perfect has Township morning will system, specification has Township cadres management; according to “good cadres“ standard selection ca

41、dres, set has heavy conduct, and heavy performance, and heavy grass-roots, and heavy public of oriented; research developed party work supervision and grass-roots party assessment evaluation approach, formed has three level Secretary linkage caught party of pattern. Wind Su JI caught style. Carry ou

42、t “three-three“ special education and strictly investigate and called upon to inform the name violates the Central “eight rules“ of people and things, concentration and control of frivolity and not as style, as issues such as cadres style continuous improvement. Responsibility to catch the independe

43、nt Commission against corruption. Strictly implement the “3883“ responsibility, and fully cooperate with inspections of municipal party Committee, listen to the peoples congresses, Governments, CPPCC Committee, the County party Committee Standing Committee, Township departments mainly responsible fo

44、r the implementation of responsibility briefing, step by step to carry out interviews, layers of conductive pressure, clean system continuously. 2015 work go hand in hand, with remarkable results, marked “Twelve-Five“ collector of development success. In five years, the County in accordance with the

45、 “effective strengthening four support and further development of the five industries, accelerate the construction of three major patterns“ strategy, focused, hard work, and promoting the rapid, sustained and healthy development of economy and society, becoming the fastest-accelerating the adjustmen

46、t of the economic structure, enhance comprehensive strength, significant infrastructure improvements, urban and rural . For five years, wrote on the event in the history of jingchuan brilliant chapter. The practice shows that in five years, must adhere to the development the first priority is not sh

47、aken, must adhere to the project driven strategy up, must adhere to the deep development does not stop, must adhere to a comprehensive reform does not retreat, must adhere to the strengthening work style building do not slack off,D. 作出该处罚决定违反了法定程序15 行政处罚法第四条规定，行政处罚应当遵循的原则是:（ ） A公平、公正、公开 B公正、公平C合法、公正

48、 D公正、公开16下列行政处罚措施中，只能由法律设定的是: （ ）A罚款 B没收违法所得 C暂扣或者吊销许可证D行政拘留17对于行政机关作出的行政处罚，当事人要求听证的，应当在行政机关告知后（ ）提出。A三日内 B五日内 C十五日内 D七日内18当事人逾期不履行行政处罚决定的，作出行政处罚决定的行政机关可以对当事人每日按罚款数额的（ ）加处罚款。A百分之三 B百分之五 C百分之十 D百分之一19当事人被处以罚款，但其确有经济困难，经本人申请和行政机关批准，可以（ ） 。A暂缓或者分期缴纳 B适当减少罚款数额 C免除罚款 D变更行政处罚措施popular innovation, the much

49、 anticipated entrepreneurial atmosphere. Six is to highlight the strong comprehensive and strict guarantees, constantly consolidate the basis of the party building. As the biggest achievement in grasping party building, fully strictly administering the party achieved remarkable results. Cast soul guben caught idea. Adhere to th