A. The control and adjustment of society by law is mainly realized through the adjustment of interests.
B law is an important means of interest distribution, and it is also a process of interest expression and interest selection.
The principle of good faith in civil law plays an active role in maintaining the balance between the interests of the parties and social interests in civil activities.
D. without law, interests cannot be generated and cannot exist.
Taxi driver A takes pregnant woman B to the hospital. On the way, she gave birth and was in critical condition. In order to gain time, A turned the car into a non-motor vehicle lane, was stopped by the traffic police and was told to pay a fine. After Party A's explanation, the traffic police did not punish Party A and drove a police car to guide Party B to the hospital in time. Which of the following statements is correct about this incident?
A. When dealing with this traffic violation, the traffic police mainly use the reasoning method of formal logic.
B. The police's explanation of violation belongs to "administrative explanation".
C. In the identification of this incident, the traffic police made a legal value judgment.
There is no conflict between the values reflected in this incident.
3. Huang bought a house in a residential area of a city in April 2000, and obtained the real estate license in July 2006 at 5438+0. In 65438+ year 10 month, Huang rented the house to Liao. Liao damaged the tap water pipe when decorating the house, causing flooding and soaking the houses of the residents downstairs. Ask Liao to pay compensation. Which of the following statements is correct about this incident?
A. Huang only has relative rights to the purchased house, and his legal obligations are also relative.
Liao is not the owner of the house, so he is not legally responsible for the loss.
C. This infringement case should be handled in accordance with legal principles first.
D official legal sources should be directly applicable to the handling of this case.
4. Lu bought a "Happiness" brand rice cooker in a department store and put it at the gate of the mall, which was picked up by Wang. When Wang took it home for use, it exploded due to electric leakage from the rice cooker, causing facial burns. Wang claimed compensation from the shopping mall, and the shopping mall refused to compensate Wang for his unjust enrichment. Which of the following statements is correct about this incident?
A. Wang's claim for damages should be based on the legal provisions related to the damage incident.
B. Whoever illegally obtains another person shall bear the damage caused by the object.
C. it is fair for Wang to bear the consequences of damage because he has no legal basis to possess the goods.
According to the principle of risk liability, Lu, as the buyer of defective goods, should be liable for the damage to Wang.
5. The cable in a certain place was damaged and there was a power outage for 3 hours in a large area. It turned out that Mou Xing had stolen the cable. Xing was accused of "endangering public security" and sentenced to five years in prison. Xing refused to accept the appeal on the grounds that he only got money from 50 yuan for cutting and selling cables, which was at best "petty theft". The judge of second instance upheld the original judgment according to the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Disrupting Public Telecommunication Facilities. Which of the following understandings is wrong?
A. The judge's judgment on Xing's behavior based on the Supreme People's Court's interpretation is a factual judgment.
B. Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Disrupting Public Telecommunication Facilities is a judicial interpretation.
In this case, the judge mainly used deductive reasoning.
D. Xing's defense of his behavior is a misunderstanding of the law.
After Hao's father died, his mother Ji occupied Hao's house alone. Hao was deeply dissatisfied with this and refused to provide Ji with living expenses. Ji took Hao to court. After hearing the case, the judge ordered Hao to provide 300 yuan with living expenses every month. Which of the following understandings is correct about this incident?
A. this incident shows that children only bear legal obligations to their parents and have no legal rights.
B. the judgment made by the judge is itself a legal fact.
C. The judge's judgment does not form the legal rights and legal obligations between the original defendants.
D. Children's support for their parents is mainly a moral issue, and the judge's judgment lacks basis.
7.200 1 the National People's Congress Standing Committee (NPCSC) explained that "illegally approving the requisition and occupation of land" stipulated in Article 410 of the Criminal Law refers to illegally approving the requisition and occupation of cultivated land, forest land and other agricultural land. Which of the following interpretations of the law is wrong?
A. This interpretation belongs to legislative interpretation.
B. the effect of this interpretation is the same as that of the criminal law provisions explained.
This interpretation has the same effect as judicial interpretation.
D. This explanation is universally valid.
According to the provisions of China's Constitution and relevant laws, which of the following statements about the special committee of the National People's Congress is correct?
A the special committees of the national people's congress are non-permanent organs of the highest organ of state power.
The special committees of the National People's Congress are responsible for deliberating draft laws related to their functions and powers.
Members of the special committees of the National People's Congress shall be nominated by the presidium from among the deputies and adopted by the General Assembly.
The special committees of the National People's Congress can only consider proposals put forward by the presidium of the National People's Congress.
9. According to the provisions of our Constitution, which of the following statements is incorrect?
A. Urban land belongs to the state, and rural and suburban land belongs to the collective, unless it belongs to the state according to law.
B Homestead, private plots and private hills are all collectively owned.
The state may expropriate or requisition land for the needs of public interests.
Land ownership can be transferred according to law.
10. According to China's current constitution, which of the following posts should be appointed or removed by president according to the decisions of the National People's Congress and the NPC Standing Committee?
A. Vice President of the State
B. Vice-Chairman of the National Military Commission
C. Vice President the Supreme People's Court
D. Deputy Prime Minister of the State Council
1 1. The Constitution is the fundamental law of the country and has the highest legal effect. Which of the following statements is correct about the legal effect of the Constitution?
A In countries with unwritten constitutions, the legal effect of the constitution is higher than other laws.
B. In our country, no laws and regulations may conflict with the norms, basic principles and spirit of the Constitution.
C. the legal effect of the constitution is mainly manifested in the behavior constraints of citizens.
The legal effect of the constitution is not mandatory.
12. People's deputies shall attend the meetings of the people's congresses at the corresponding levels and exercise their functions and powers according to law. According to the Law of the People's Republic of China on Deputies to the National People's Congress and Local People's Congresses at Various Levels, which of the following statements is correct?
A representatives who fail to attend the meetings of the people's congresses at the corresponding levels twice without approval shall be terminated.
B representatives detained for criminal cases under investigation, prosecution and trial shall be terminated.
C. A representative who has been reeducated through labor for more than one year due to violation of the law shall temporarily suspend his representative qualification.
D if a representative cannot attend the meeting of the people's congress at the corresponding level within one year for some reason, his representative qualification shall be suspended temporarily.
13. Which of the following statements is incorrect about the characteristics of constitutional norms?
A. fundamental
B. Principles
C. Non-sanctions
D. Relative stability
14. according to the law of People's Republic of China (PRC) on regional ethnic autonomy, which of the following organs does not have the right to formulate autonomous regulations and separate regulations?
A. People's Congress of the Autonomous Region
B. Autonomous Prefecture People's Congress Standing Committee
C. Autonomous County People's Congress
D provincial people's congresses under the jurisdiction of autonomous prefectures and autonomous counties.
15. At the end of the Western Han Dynasty, a man stole a cow from others and sold it to a foreign country. After returning home, he told his wife about it. His wife hid it from the government. After the incident, the man was punished. According to the laws of the Han Dynasty, what should be done about the wife's behavior?
A. No criminal responsibility at all
B. Punishment according to the crime of harboring
C. committed the same crime as her husband.
D. reduce the first-degree punishment according to the husband's crime.
16. During the Qingyuan period in the Southern Song Dynasty, a "wife killing case" occurred somewhere. The husband of the deceased A was arrested by the local country, tortured and plundered, and had to confess the fact of killing his wife. However, when the case was submitted to the procuratorate established in the Song Dynasty, which was higher than the local administrative districts of counties, A overturned the original confession and categorically denied the accusation of killing his wife. Which of the following possible dispositions made by the criminal litigation department in this case conforms to the provisions of the "adjustment" system at that time?
A. Send it back to the original state for retrial
B specify another state government under the jurisdiction of this road for retrial.
C. Directly report to the Central Criminal Department for trial
D. directly report to the central censorate for trial.
17. An incident happened in the Han Dynasty: Qi Taicang was convicted and put to death, and his daughter, Ti Ying, wrote a letter asking her not to be an official slave and atone for her father. This incident led to which of the following legal system reforms?
A. Emperor Gaozu stipulated the "invitation" system.
B. Emperor Wen abolished corporal punishment.
C. Emperor Wen of the Han Dynasty established the system of "being an official"
D. Emperor Jing of Han Dynasty stipulated the "Eight Opinions" system.
French Civil Code 18. 1804 is the first civil code in the modern legal history of the world, and it is the core and foundation of the civil law system. Which of the following statements about the French Civil Code is incorrect?
A the code embodies the legislative spirit of "maximum individual freedom and minimum legal intervention".
B. This code is revolutionary and contemporary.
The influence of this code later spread to America, Africa and Asia.
D the legal person system is comprehensively stipulated in the code for the first time.
19. A private scientific research institute signed a labor contract with technician Zhou, stipulating that Zhou would undertake a product development project of the scientific research institute. During the development process, the project was forced to dismount due to lack of funds. The scientific research institute decided to terminate the labor relationship with Zhou. In this regard, which of the following suggestions provided by the legal adviser of the unit does not comply with the law?
A. inform Zhou Yuan that his post no longer exists.
B. notify the week in writing at least 30 days in advance.
C. arrange Zhou to the logistics post first, and you can be fired if you refuse.
D. If Zhou agrees to terminate the labor contract, he can sign a termination agreement with the unit, and the unit will pay economic compensation; If Zhou does not agree to sign the termination agreement, the unit has the right to unilaterally terminate the contract without paying economic compensation.
20. A construction engineering team hired 20 apprentices at a low price, and the contract stipulated that they must engage in aerial work or heavy handling every day, otherwise the monthly salary could not be settled. In the month of employment, the construction team caused an accident due to violation of safety construction regulations, resulting in many apprentices' casualties. After investigation by the relevant departments, it was found that these apprentices were all children of farmers in remote areas, aged below 15. In this regard, which of the following measures taken by the labor administrative department are not in compliance with the law?
A order the employer to terminate the labor contract and repatriate these apprentices.
B order the employer to bear the repatriation expenses and give economic compensation.
C. collecting the employer's business income during illegal employment.
D inform the accident victims and their families of their right to claim compensation from their employers, and assist them to claim compensation from their employers.
2 1. Party A's economic and trade company rents the counter of B large shopping mall to sell the famous brand bedspreads of C factory. In order to increase sales, Company A has taken various promotional measures. Which of the following measures violates the law?
There is a sign of "factory direct sale" on the billboard of the booth.
B put all kinds of medals won by this product in a prominent position in the shopping mall.
C. Carry out "low-profit sales", and implement the coupon 50 yuan of buy one get one free or buy 100 yuan.
D. "No reason to refund" if the customer returns the goods within one week.
22. Zhong bought a brand of milk powder for his 3-year-old son. After drinking, the child vomited and diarrhea, and he was hospitalized for 7 days before he recovered. After that, Zhong's son refused to eat any dairy products. After identification, this brand of milk powder is inferior. To this end, Zhong wants to take action to protect rights. Which of the following suggestions made by Zhong's relatives and friends lacks legal basis?
A. please expose the media and ask the administrative department for industry and commerce to seriously investigate and deal with it.
B claim from the shopping mall selling milk powder, or claim from the manufacturer of milk powder.
C directly filed a lawsuit, demanding that the mall compensate for medical expenses, nursing expenses, lost time, transportation expenses, etc.
D. directly file an arbitration, and ask the shopping mall and the manufacturer to jointly compensate the mental damage suffered by Zhong's family.
23. Which of the following personal income should not be exempted from personal income tax?
A. A sports star won a gold medal at the Olympic Games, and the State Sports General Administration rewarded 200,000 yuan after returning home.
B. A scientist receives a special allowance from the State Council in 200 yuan every month.
C. A university teacher won an invention patent, and the school rewarded 50,000 yuan.
D. When the BMW bought by Li Xin stopped at a scenic spot, it was hit by a stone falling from the mountain, and the insurance company paid Li 60,000 yuan in insurance money.
24. Self-employed Wang, who is engaged in retail business, still owes 2000 yuan in business tax after the expiration of the time limit notified by the tax authorities. Which of the following practices adopted by the tax authorities does not comply with the law?
A. The value of the freezer operated by the seizure king is 2,500 yuan.
2. Inform the bank in writing to deduct the tax arrears from Wang's savings account.
C. Forcibly deduct the overdue tax payment from Wang's savings account.
D. In order to prevent Wang from defaulting on taxes in the future, Wang's bank deposit was enforced and the freezer was detained for six months, depending on what happens in the future.
25. According to the Environmental Protection Law of People's Republic of China (PRC), at which stage should the environmental impact statement be submitted for approval?
A. Design stage
B. Feasibility study stage
C. Completion acceptance stage
D. Put into use stage
26. The allocation of land use right refers to the behavior that the people's government at or above the county level approves the land use right according to law, and after paying the compensation and resettlement fees, delivers the land to the land users for use, or delivers the land use right to the land users for free. According to relevant laws and regulations, which of the following construction land projects cannot obtain the allocated land use right?
A. Wang Hu town government office building construction land
B. Construction land for Xiguan Town People's Hospital
C. Land for road construction from Nanhu Villa to Nanshan Town
D. expansion land of private Beiling University campus
27. According to the Law of People's Republic of China (PRC) Commercial Bank, which of the following order applies to the distribution of property in the bankruptcy liquidation of commercial banks?
1. Liquidation expenses, wages owed to employees and labor insurance expenses, principal and interest of personal savings deposits.
Liquidation expenses, principal and interest of personal savings deposits, wages owed to employees and labor insurance expenses.
Personal savings deposit principal and interest, liquidation expenses, arrears of wages and labor insurance expenses.
D. Wages owed to employees, labor insurance expenses, liquidation expenses, principal and interest of personal savings deposits.
28. Which of the following questions about securities trading should be answered in the negative?
A. Is stock trading only allowed on the stock exchange?
B. Can securities transactions be conducted in the form of futures?
C does the law prohibit securities companies from financing customers for securities trading?
D. Is it illegal for the stock exchange to adjust the transaction fees by itself?
29. Party A and Party B signed an investment protection treaty in 1996, which is still valid. In 2004, according to a law passed by the national legislature in 2003, the government of country A cancelled part of the investment preferences of citizens of country B in country A, which is exactly what country A should give to citizens of country B according to the aforementioned treaty. According to the relevant rules of international law, which of the following judgments is correct for the above practice of country A?
The legislature of country a has no right to pass legislation that is inconsistent with the above-mentioned treaties.
B. the above-mentioned behavior of the government of country a will cause its national responsibility in international law.
C. if the above-mentioned behavior of the government of country a is strictly in accordance with its domestic law, country a will not bear the national responsibility in international law.
D. If country A is a country with separation of powers, it is still inconclusive in international law whether the above-mentioned behavior of the government of country A causes state responsibility.
30. Country A initiated and always participated in the formulation of multilateral international conventions, and the President of Country A signed the final text of the convention together with representatives of other countries. According to the provisions of the Convention, the Convention can only enter into force after more than two thirds of the signatory countries have ratified the Convention through domestic procedures and deposited their instruments of ratification with the depositary of the Convention. However, after debate, the parliament of country A refused to ratify the Convention. According to the relevant rules of international law, which of the following judgments is correct?
The practice of the parliament of country a violates international law.
B if the government of country a fails to deposit the instrument of ratification, it will lead to its national responsibility in international law.
Country C and country A have signed the convention, so the convention is already binding on country A in international law.
D because country a refuses to ratify the convention, even if the convention itself takes effect in international law, it will not be binding on country a.
3 1. National Lan Mou and National Na Mou have been engaged in transnational population and drug trafficking activities in country A for a long time. After the incident, Lan fled to the territory of country B, and that one fled to the consulate of country B in country A. Lan asked country B to provide asylum on the grounds that he had engaged in political activities against the government of country A. There was no extradition asylum treaty between Party A and Party B. According to the relevant rules and systems of international law, which of the following judgments is correct?
A. Because Lan is engaged in activities against the government of country A, country B must provide asylum for Lan.
B. because Tina is a national of B, B's consulate has the right to refuse to hand over Tina to A.
According to the Vienna Convention on Consular Relations, the consulate of country B can exercise consular jurisdiction, that is, after hearing and making a judgment, it will be handed over to country A for execution.
D. Country B may bring a lawsuit against Lan for suspected criminal acts in the court of country B, but country B has no obligation to hand Lan over to country A for trial.
32. Lu Mou, a citizen of China, applied for the nationality of country A through his relatives in country A on 200 1 and was approved by country A in 2002. In May 2004, Lu was criminally detained in China for violating the law. At this time, Lu proposed that he was a citizen of country A and asked the relevant departments to inform the consul of country A in China. After investigation, according to the laws of country A, the passport of country A held by Lu is true and valid; Lu himself never left China at the time of committing the crime, and never applied for renunciation of China nationality. According to the relevant provisions of China Nationality Law, which of the following judgments is correct?
A. Lu is still from China.
B.lu is a foreigner in China.
C Lu is a dual national recognized by China law.
D. Lu's nationality status is uncertain
33.a and B have deep grievances because of religious and ethnic problems left over from history. In 2004, the new leader of country A tried to ease the relationship between the two countries and asked country C to mediate. There is no special dispute settlement agreement between Party A, Party B and Party C ... According to the relevant rules and practices of international law, which of the following judgments is correct?
A In this case, State C is obliged to act as a mediator.
B if country c mediates, country b has the obligation to participate in mediation activities.
C if country c mediates, there is generally no obligation to supervise and guarantee the mediation results.
D. if country c mediates, country a must accept the mediation result.
34. Weapons are an important part of war. In modern international law, which of the following weapons is not explicitly and directly prohibited by the rules of the law of war?
A. Nuclear weapons
B. Biological weapons
C. Toxic chemical weapons
D. dumdum bullets explode after being injected into human body.
Both Party A and Party B are Russian citizens. Party A settled in China and Party B settled in Korea. The two sides signed a loan contract in Seoul, which stipulated that the disputes related to the contract shall be under the exclusive jurisdiction of the courts in China, and the applicable law of the contract shall be English law. After that, the two parties filed a lawsuit in our hospital because of a dispute over the performance of the contract. Which of the following options is correct regarding the applicable law of limitation of action for disputes in this contract?
A both parties are Russian citizens, and the limitation of action for disputes in this contract shall be governed by Russian laws.
B both parties conclude a contract in Seoul, and the statute of limitations for contract disputes shall be governed by Korean laws.
C. The parties choose English law as the applicable law of the contract, and the limitation of action for contract disputes applies English law.
Both parties choose to be under the jurisdiction of our court, and the limitation of action for disputes in this contract shall be governed by our laws.