Part I: Brief Analysis, this part has ***5 questions, with 75 points.

1. (1 points in this question)

Case: In 21, the people's government of a certain city made Ding Zhengban (21) No.14 document by its subordinate office in order to promote the scale and product quality of basalt rock material enterprises in this city, and approved the issuance of "Opinions of the Industrial Leadership Office of a certain city on supporting the superior and strengthening the basalt stone plate processing enterprises in 21". According to the document, Xuanwu Stone Co., Ltd. of this city should supply 5 cubic meters of basalt waste materials to 1 enterprises with annual sales income of more than 1 thousand yuan; It is necessary to increase the supply of basalt waste by 3 cubic meters every year for 21 enterprises with annual sales income of more than 5 million yuan. The document was sent to the people's governments of townships (towns), sub-district offices, relevant organs and units directly under the municipal government and the administrative committee of Longan Development Zone by notice. (Only 9, cubic meters of basalt waste materials are mined by mines in this city every year, which is given to 92 stone processing enterprises in this city by Xuanwu Stone Co., Ltd., and each processing enterprise can only get less than 98 cubic meters on average)

Longsheng Stone Factory, a stone processing enterprise in this city, refuses to accept the Opinions of the Municipal People's Government on Supporting Excellent and Strong Basalt Stone Plate Processing Enterprises in 21 and files a lawsuit.

According to the above case, answer the following questions:

1 Does Ding Zhengban (21) No.14 document fall within the scope of the people's court?

2. Does Nod Longsheng Stone Factory have the plaintiff qualification in this case?

3. during the trial of the case, the municipal people's government made document No.74 of Ding Zhengban, and decided to stop the implementation of the document. Is it allowed?

4. what is the status of Xuanwu stone co., ltd in the lawsuit? Are you qualified as a plaintiff?

5. what kind of judgment should the people's court make in this case?

2. (15 points in this question)

Case: A living in Hong Kong forged a large amount of RMB and prepared to smuggle it to Shenzhen for profit. As soon as the fishing boat carrying counterfeit money arrived at the shore, it was discovered by the customs anti-smuggling personnel. A immediately took a man with a machete to cut the customs officers seriously, and quickly fled to a city in the mainland with counterfeit money of 4 million yuan under the cover of a smuggling gang.

seeing that it is quick to make money and high profit in the counterfeit currency business, Party B borrowed 8, yuan from fellow countryman C in the name of doing business, and was introduced to buy 1.2 million yuan of counterfeit currency from Party A.. However, due to the continuous crackdown on counterfeit money crimes by local political and legal organs, the counterfeit money purchased by Party B could not be sold for a while, and it was impossible to return the debt owed by Party C. Party C made repeated claims, and Party B offered to repay the debt with a certain amount of counterfeit money. After bargaining between both parties, Party B finally used counterfeit money of 8, yuan to offset the debt owed.

ding, who works as an accountant in a local state-owned company, heard that there were still 4, yuan of counterfeit money in B's hand, so he misappropriated 5, yuan from a project of his unit and bought the counterfeit money. Then, Ding used more than 3, yuan of counterfeit money to buy drugs and sell them, from which he obtained illegal benefits of more than 5, yuan. After the transaction with drug traffickers was completed, Ding arranged for his friend Wu (who works in a credit cooperative in the city) to receive more than 5, yuan illegally obtained from drug traffickers. At Ding's request, he also completed the task of collecting money for himself, and Wu deposited all the money in the savings office where he worked. In order to express his gratitude to Wu, Ding sold the remaining 8, yuan counterfeit money to Wu at a ratio of 1: 8, and Wu took the opportunity to exchange the counterfeit money for real money in batches for his own squandering.

question: analyze the criminal responsibility of the above-mentioned relevant personnel.

III. (15 points in this question)

Case: Liu Jinan and Zhao Yufen got married in 1968, and they had a son Liu Yuhe and a daughter Liu Lanlan. In May 198, Liu Jinan left home because of a dispute with Zhao Yufen, and there has been no news. In 1988, Zhao Yufen applied to the local court to declare Liu Jinan dead, and the court declared Liu Jinan dead in August 1988. Zhao Yufen and his children inherited Liu Jinan's legacy. Zhao Yufen remarried in 1989. After Liu Yuhe got married in July 1987, he had a son Liu Mingjiang. In June 1989, Liu Yuhe died in a car accident. In December 1996, Zhao Yufen received a notice from a city public security bureau that Liu Jinan died of heart disease in November 1996. After investigation, Liu Jinan has been working for people since he left home in 198, and his life is very difficult. In 1989, he began to do business and achieved success, accumulating property of 2 million yuan. During his business career, Liu Jinan met Hu Rou and held a wedding on New Year's Day in 1991 (the marriage registration formalities were not fulfilled). In April 1992, they had a daughter, Liu Dongdong. Liu Jinan personally wrote a will in 1995, indicating that his property would be divided equally among Hu Rou, Liu Dongdong, Zhao Yufen and Liu Yuhe after his death.

Question:

1. How to determine the time of death of Liu Jinan? Why?

2. Is it valid for Zhao Yufen and others to inherit Liu Jinan's estate after his death? Why?

3. Assuming that Liu Jinan's will made in 1995 (that is, after he was declared dead) did not violate the mandatory provisions of the law in content and form, is it valid? Why?

4. How should Liu Jinan's will made in 1995 be implemented?

IV. (2 points in this question)

Case: Party A, Party B and Party C agreed to set up a limited liability company to produce garments, and it was agreed that Party A would contribute 1 million yuan, and its contribution composition was: RMB 3, yuan, with the price of labor service of Party A being RMB 2, yuan and the price of land use right being RMB 5, yuan. Party B contributed capital with its registered trademark "Red Star" in clothing category, with an estimated price of 1 million yuan. C is funded by the machine workshop, and the evaluation price is 5, yuan. Through negotiation, the three parties decided to make contributions in installments, with 12% of the registered capital paid by Party A in cash in the first installment. The rest will be paid in three years. If the company has been established, the organizational structure is: the board of directors is composed of Party A, Party B and Party C, with Party A as the chairman. At the same time, it is agreed that there will be no board of supervisors, with Party B as the executive supervisor and Party C as the general manager. In the operation of the company, Party A never convened the board of directors and monopolized the management power of the company. And through the signing of a raw material supply contract with his brother Wu, he bought fabrics five times higher than the market price, and occupied the company's raw materials for a long time, totaling 8, yuan. At the same time, in order to help solve the problem of his brother-in-law's capital demand, he privately provided a guarantee for his loan of 5, yuan to the bank in the name of the company.

Question:

1. What are the problems in the company's capital contribution?

2. If Party C wants to convene a board meeting, what channels can be used to resolve the misconduct of Party A?

3. Can Party C pursue the responsibility of Party A through litigation? If so, in what way?

4. if party c wants to transfer its equity to quit the company, how should it be done?

5. If no one buys the equity of Party C, how can Party C protect its legitimate rights and interests?