试题与答案

沈某与其子进城卖西瓜,中午12点遭一伙当地无业青年无理取闹,西瓜被砸,其子还被这伙人

题型:不定项选择

题目:

沈某与其子进城卖西瓜,中午12点遭一伙当地无业青年无理取闹,西瓜被砸,其子还被这伙人(王某、刘某在内)围住殴打,沈某见状急忙向邻近某县派出所请求保护。该派出所值班人员李某以休息时间不办公为由拒绝提供保护。结果西瓜大半被砸烂,其子也被打伤。此时有人再次报警,派出所的人员才赶到,对参与殴打沈某的王某当场处以20元罚款,将刘某带到派出所,对刘某处以拘留 15天的决定。

如果沈某对该派出所的不出警的行为提起诉讼,法院应作何判决

A.履行判决

B.撤销判决

C.确认违法判决

D.驳回诉讼请求

答案:

参考答案:C

解析:依据《行诉解释》第57条,题中,现在判令被告履行法定职责已经没有实际意义,因而应当判决确认违法,

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10()

A.reinforcing

B.improving

C.weakening

D.slacking

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