1. The right to inform the punished person of his statement and defense only exists in the general punishment procedure, and the summary procedure does not need to inform this right. (×)

2. The parties entrust others to make statements and arguments on their behalf. As long as there is oral entrustment, they don't write a power of attorney, because this is in line with the principle of convenience. (×)

3. After the health law enforcement officers make the on-site inspection record, if the inspected considers the contents to be true and correct, they shall indicate "the above record is true" and sign it. If the inspected person is illiterate, the health supervisor can sign on his behalf. (×)

4. "Banning" is a punishment. Banning illegal business units is equivalent to stopping production and business, and informing the parties of the right to a hearing. (×)

5. Violators shall be given administrative punishment according to law. As long as the fine is paid in time, the illegal act can be corrected within a time limit. (×)

6. There is no need to apply for an administrative license, and sometimes it can be directly granted by the administrative organ according to its functions and powers.

(×)

7. Citizens, legal persons or other organizations may apply for reconsideration or bring an administrative lawsuit against acts that are not permitted by the administrative organ. ( √ )

8. If an administrative license is entrusted, it is not necessary to entrust an administrative organ to implement it.

According to the needs, it can be entrusted to other organizations that manage public affairs. ( × )

9. For all administrative licensing matters, the applicant may entrust an agent to apply.

(×)

10, the applicant can only apply for permission in written form, otherwise.

The administrative organ may not accept it. (×)

1 1. The organ that implements the administrative license has the obligation of substantive examination, so the applicant should not.

Be responsible for the materials provided. ( × )

12. The application materials submitted by the applicant are complete and conform to the statutory form, which can be used by the administrative organ as.

If a decision is made on the spot, a written decision on administrative license shall be made on the spot. (√)

13, the administrative organ shall not implement the administrative license and supervise and inspect the administrative licensing matters.

Charge any fees. Where laws and administrative regulations provide otherwise, such provisions shall prevail. ( √ )

14, China's "Administrative Punishment Law" on administrative hearing procedures is an informal hearing.

Certificate. (×)

15. according to the administrative licensing law, only the applicant has the right to apply to the administrative organ for a hearing. (×)

16, China's "Administrative Punishment Law" and "Administrative Licensing Law" both stipulate that before making a decision on administrative punishment or administrative licensing, the statements and arguments of the parties concerned should be heard, which is actually an informal hearing. (√)

17. Administrative organs are all administrative reconsideration organs. ( × )

18, the legislative affairs office of the administrative reconsideration organ has the right to investigate relevant organizations and personnel.

Obtain evidence and consult documents and materials. ( √ )

19, the parties shall not entrust an agent to participate in the administrative hearing procedure. ( × )

20, because the "Administrative Punishment Law" does not stipulate that "the administrative organ shall make an administrative decision according to the hearing record", therefore, the administrative organ need not make a decision according to the hearing record. ( × )

2 1, the host of the administrative hearing is the organizer and regulator of the whole hearing activity, so after

After the hearing procedure, they also have the right to make administrative decisions according to the hearing results. ( × )

22, citizens, legal persons or other organizations believe that the administrative acts of administrative organs infringe upon their legitimacy.

Rights and interests, you can apply for administrative reconsideration. ( × )

23. Citizens, legal persons or other organizations may not apply for administrative reconsideration if the administrative organ fails to pay social insurance premiums or minimum living security fees according to law. ( × )

24. The local people's government at the county level shall accept the application for administrative reconsideration that belongs to the transfer.

Within 7 days from the date of application, it shall be forwarded to the relevant administrative reconsideration organ and inform the applicant. ( √ )

25, the legislative affairs office of the administrative organ in violation of the provisions of the "administrative reconsideration law" behavior should be

Put forward suggestions for handling in accordance with the prescribed authority and procedures. ( √ )

26, the third party to participate in administrative reconsideration, can apply for their own participation, can also be attended by the administrative reconsideration organ.

Notify the participating institutions. (√ )

27, the application for administrative reconsideration shall be made within 60 days after the occurrence of a specific administrative act, but the law

Except for more than 60 days as stipulated by law. ( √ )

Second, multiple choice questions

If the applicant for administrative license provides false materials to apply for administrative license, and the application for administrative license is directly related to public safety, personal health and safety of life and property, the applicant shall not apply for administrative license again in item (b).

A 6 months b 1 year c 3 months d 2 years

2, the administrative licensing organ shall make a hearing record, and make a hearing record.

The relationship between administrative licensing decisions is (D).

First, for reference;

B, can be used as the basis for making an administrative license;

C, just a formal requirement;

D. The decision on administrative license shall be made according to the transcripts of the hearing.

3, the application materials are incomplete or do not meet the statutory form, it shall be on the spot or in (c)

Inform the applicant of all the contents that need to be corrected within one day.

a、3 B、7 C、5 D、2

4. A restaurant was reported to sell expired food, and the health administrative organ verified that the store sold 50 grams of expired milk powder two years ago, with a profit of 1 1,000 yuan. The health administrative organ does this: (b)

A. administrative punishment shall be imposed.

B. No more administrative penalties

C. It should be given a lighter punishment

D. The punishment should be mitigated.

5, which of the following matters, local regulations, provincial government rules can set administrative license?

(D) 10 .

A, lawyer qualification B, construction enterprise qualification

C. Qualification of doctors D. Permission to keep dogs

6. According to the "Regulations on Rules Making Procedures" of the State Council, the hearing shall be held in public, and the drafting unit shall announce the time, place and content of the hearing before (b) holding the hearing.

A, 15 days b, 30 days c, 60 days d, 7 days

7, about the hearing record, the following statement is incorrect (b)

First, the hearing recorder shall submit the hearing record to the hearing parties for verification and signature.

Or a seal;

B, the hearing record does not require the parties to sign page by page in the hearing record;

C, the parties and other participants in the hearing refused to sign or seal the hearing record, listen to.

The recorder shall explain the situation in the hearing record;

The transcript of the hearing shall be attached as the basis for the administrative organ to make an administrative decision.

8, about the hearing organ, the following statement is not correct (D).

(1) The presiding hearer decides the time and place of the hearing and delivers the hearing materials to the hearing participants;

B. Decide that witnesses, experts, professionals and translators will attend the hearing;

C, accept and review the relevant hearing evidence;

D. make administrative decisions.

Zhao opened a restaurant next to the county health bureau, and the business has been good. However, after rejecting an unreasonable apportionment by the Health Bureau, the Health Bureau sent people to the hotel again and again to check the hygiene, sometimes even three or four times a day, which made Zhao's business go from bad to worse. Which of the following statements is correct about the behavior of the Health Bureau? (3)

A. The Health Bureau has not made any substantive decision on Zhao, so it is a non-actionable act and has no practical impact.

B inspection by the health bureau is a means to obtain necessary administrative information, which is not operable.

C. The Health Bureau carried out an administrative inspection, and because it affected Zhao's property rights, it could bring an administrative lawsuit.

D. The Health Bureau conducts administrative inspection, but since this specific administrative act is not clearly listed, whether it can be prosecuted depends on whether other laws and regulations have clear provisions.

10, the administrative reconsideration organ shall examine the specific administrative act of applying for administrative reconsideration.

(D) 10 .

A, legitimacy b, appropriateness c, authenticity d, legitimacy and appropriateness

1 1. The administrative compulsory measures that citizens, legal persons or other organizations can apply for administrative reconsideration include (d).

A, ordered to stop production and business B, revoke the license

C. Abolish agricultural contracts D. Seal up, detain and freeze property.

12. when the state security organ is the respondent, the administrative reconsideration organ is (c).

A, its people's government at the corresponding level b, its superior competent department

C, its superior competent department D, its superior people's government

13. The following statement about a third party is incorrect (b).

A third party has an interest in the specific administrative act of applying for administrative reconsideration;

B before the applicant applies for administrative reconsideration, the third party may apply for administrative reconsideration first;

C, the infringee can participate in administrative reconsideration as a third person in public security cases;

A third party may entrust an agent to participate in the administrative reconsideration.

Third, multiple-choice questions:

1. The statutory principles of administrative punishment include the following contents.

A. the subject of punishment should be legal.

B. the basis of punishment should be legal.

C. the punishment procedure should be legal.

D. the setting of punishment should be legal.

2. Which of the following acts does not belong to administrative punishment? (nine years after A.D.).

A. Ordering treatment within a time limit

B. order to stop production and business.

C. Order compensation for losses

D. Ordering the return of land

3. According to the provisions of the Administrative Punishment Law, the punishments that can be applied to the administrative punishment hearing procedure are: (B C)

A. Administrative detention

B. License revocation

C. order to stop production and business.

D. Confiscation of illegal income

4. If the party concerned fails to perform the administrative punishment decision of the administrative organ, the administrative organ may: (B D)

A. Make a new punishment decision

Auction the seized and detained property according to law.

C directly notify the bank to transfer the frozen deposit to offset the fine.

D if the fine is not paid within the time limit, a fine of 3% of the fine amount may be imposed on a daily basis.

5. A county medicine administration imposed an administrative penalty on an industrial and commercial office that sold counterfeit drugs, but the industrial and commercial office refused to accept it. Excuse me, is the following statement correct?

A. you can appeal to the higher administrative organs, because they are all administrative law enforcement organs.

B. because it is a specific administrative act, you can apply for reconsideration.

C. you can bring an administrative lawsuit to the court.

D. Because "officials don't sue officials", it is impossible to start administrative proceedings.

6. Administrative reconsideration is different from administrative litigation, mainly embodied in the following principles: (a) C.

A. Principle of error correction B. Principle of publicity C. Principle of convenience D. Principle of justice

7. The reasons why the Administrative Procedure Law stipulates that the defendant bears the burden of proof are: (A B C)

It is a basic rule of administrative procedure to obtain evidence before ruling.

B in the administrative legal relationship, the administrative organ is in an active position and has a strong ability to provide evidence.

C. The administrative organ has sufficient funds, specialized instruments and equipment and technical support means, and has the advantage of obtaining evidence.

D. the administrative organ does not need the consent of citizens, legal persons or other organizations to carry out this act, so the plaintiff has no ability to prove in administrative proceedings.

8. The following statement about the applicant for administrative reconsideration is correct (ABC).

The applicant is a citizen, legal person or other organization;

B, the administrative organ may also become the applicant;

The applicant must file an application for administrative reconsideration in his own name;

D, people with courage can also become applicants.

9. The following statement about the respondent of administrative reconsideration is correct ()

1. The respondent does not include judicial organs;

B if the administrative organ that made the specific act is revoked, the administrative organ that continues to exercise its functions and powers shall be the respondent;

The respondent is not the legal representative of the administrative organ;

D, all administrative organs can be the respondent.

10. The principles of administrative punishment established by the Administrative Punishment Law mainly include: (A B C D)

A. the principle of legality of punishment

B. the principle of fair punishment

C. the principle of combining punishment with education

D. Principle of openness in punishment

case analysis

1. 1995 10, a Chinese medicine hospital bought an X-ray machine and applied to the county health bureau on the 23rd of that month, requesting to send personnel to carry out protective testing and go through relevant procedures. 1998, 16 in July, the plaintiff applied to the county health bureau for testing and certification of CT machine protection shortly after purchasing another Japanese Toshiba TCT-300 CT machine. However, the county health bureau ignored these applications and sometimes even refused them altogether. 200 1 12 1 at 7 pm, a Chinese medicine hospital was rescuing 8 food poisoning patients. The director of the county health bureau came to the hospital and had a four-hour dispute with the doctors and nurses in the hospital because of drunkenness and gaffes. In the process, the Director of Health claimed: "People who don't get my consent are illegal medical practitioners. On May 3rd, 2002, Kloc-0, the county health bureau determined that a Chinese medicine hospital used 30 non-health technicians to engage in medical practice without authorization. Carrying out X-ray diagnosis and treatment activities without obtaining the Work Permit of X-ray Device; Three employees of the Radiology Department engaged in radiation work without the certificate of radiologist, and thought that the above-mentioned behavior of the unit violated the Regulations on the Administration of Medical Institutions, the Detailed Rules for the Implementation of the Regulations on the Administration of Medical Institutions, Several Provisions on the Implementation of the Regulations on the Administration of Medical Institutions in Zhejiang Province, the Regulations on the Protection of Radioisotopes and Radiation Devices, and the Regulations on the Health Management of Radiation Workers, and fined the unit 20,000 yuan without listening to the statements and defenses of the counterpart. A Chinese medicine hospital refused to accept it and filed an administrative lawsuit with the county people's court. Q: What procedures are illegal in this administrative punishment?

(A: There are the following procedural violations in the administrative penalty decision:

First, there is a deep contradiction between the legal representative of the defendant and the plaintiff. Because of this, the defendant imposed a heavier administrative penalty on the plaintiff. Article 16 of the Health Administrative Punishment Procedure issued by the Ministry of Health on June 1997 stipulates: "The undertaker of (administrative punishment case) shall voluntarily withdraw under any of the following circumstances: under any of the following circumstances, he shall withdraw. According to this regulation, the director of health should avoid this administrative punishment case, but he didn't.

Second, according to the provisions of Article 42 of the Administrative Punishment Law, the administrative organ shall inform the parties of the right to request a hearing before making administrative punishment decisions such as ordering to stop production and business, revoking licenses and large fines; If a party requests a hearing, the administrative organ shall organize a hearing. In this case, the administrative penalty decision made by the defendant included a fine of 20,000 yuan and confiscation of "illegal income" of 93442 1.30 yuan, which has reached a huge amount. In this case, the defendant shall inform the plaintiff of the right to request a hearing, and shall organize a hearing according to the plaintiff's request to listen to the plaintiff's statement and defense. )

2. Article 62 of the Law on the Prevention and Control of Occupational Diseases in People's Republic of China (PRC) stipulates: "If a construction unit violates the provisions of this law and commits any of the following acts, it shall be given a warning by the health administrative department and corrected within a time limit; If no correction is made within the time limit, a fine of 654.38+10,000 yuan and 500,000 yuan shall be imposed; If the circumstances are serious, it shall be ordered to stop the production that causes occupational hazards, or request the relevant people's government to order it to stop construction and close down according to the authority prescribed by the State Council.

(1) Failing to conduct pre-assessment of occupational hazards in accordance with regulations, or failing to submit a pre-assessment report on occupational hazards, or starting work without the approval of the health administrative department;

(two) the occupational disease prevention facilities of the construction project are not put into production and use at the same time as the main project in accordance with the regulations;

(3) The design of occupational disease prevention facilities for construction projects with serious occupational disease hazards does not meet the national occupational health standards and national health requirements;

(4) Failing to evaluate the control effect of occupational disease hazards on occupational disease protection facilities in accordance with regulations, and putting them into use without inspection by the health administrative department or failing to pass the inspection. "

Xinya Building Materials Industry Co., Ltd. has built a large cement production workshop and two production lines. After putting into production, the health administrative department inspected according to law, and now it violates the above four items to varying degrees. Therefore, the company was given an administrative penalty of warning and ordered to correct the above-mentioned illegal acts within one month. However, the company failed to make corrections within the time limit and continued to start production. Therefore, the local health administrative department decided to merge the four illegal acts and impose a total fine of 700,000 yuan. Excuse me: Is it correct to impose a fine of 700,000 yuan? How to grasp the limit of the total fine?

(Answer: The fine of 700,000 yuan is incorrect, and the total amount shall not exceed 500,000 yuan. )