Job 1

Chapters 1 to 5

I. Multiple choice questions

1、C 2、A 3、C 4、A 5、B 6、B 7、D 8、B 9、C 10、D

1 1、A 12、D 13、D 14、B 15、B

Second, multiple choice questions

1、ABE 2、AD 3、ABCD 4、ABCE 5、ABC

Third, judge the analysis questions

1, wrong. Law is the embodiment of the basic will of the ruling class. )

2. no. The object of civil law adjustment in China is to adjust the property relations and personal relations between citizens and legal persons as equal subjects and between citizens and legal persons.

3. no. (Bankruptcy property refers to the property and property rights managed and disposed by the bankruptcy administrator for bankruptcy liquidation and distribution and enjoyed or managed by the bankrupt enterprise. )

4. no. A one-person limited liability company refers to a limited liability company with only one natural person or legal person as its shareholder. )

5. no. (The registration system pays attention to the principle of openness; The examination and approval system pays attention to the principle of substantive management, and the two are not completely opposite. The combination of the two can effectively make up for their own shortcomings and achieve complementary effects. )

Fourth, short answer questions

1, elements of economic and legal relations

D 1Bc2uA5Phc is more exciting with you! A: Legal relationship consists of three elements: subject, object and content, and economic legal relationship is no exception. It must first have participants, which is the main body of economic and legal relations. Participants determine each other's rights and obligations according to laws and regulations, which is the content of economic and legal relations; Through economic and legal relations, the property and behavior that participants want to obtain according to the set rights and obligations are the objects of legal relations.

2, the effective conditions of civil juristic act

Answer: (1) The actor is qualified; (2) the will of the actor is true; (3) the content of the act is legal; (4) whether the form of behavior is legal.

3, the characteristics of the partnership

A: A partnership must have more than two partners; 2. All partners * * jointly contribute and operate in partnership, * * * enjoy profits and * * * bear risks; (3) A partnership enterprise must conclude a partnership agreement; The four partners shall be jointly and severally liable for the debts of the partnership.

4. Conditions for the establishment of a joint stock limited company

A: The establishment of a joint stock limited company shall meet the following conditions: 1, and the promoters shall meet the quorum; 2. The share capital subscribed by the promoters and publicly raised by the society has reached the statutory minimum; 3. The issuance and preparation of shares are in compliance with the law; 4. The promoters shall formulate articles of association, which shall be adopted by the founding meeting; 5. If the company has a name, establish an organization that meets the requirements of a joint stock limited company; 6. Having a fixed production and business operation place and necessary production and business operation conditions.

5. General rules of securities trading

A: Securities trading refers to the trading, circulation and transfer of issued securities. 1. Securities listed and traded must be issued and delivered in accordance with the law, otherwise they may not be listed and traded. 2. Trading methods mainly include spot trading, futures trading and option trading. 3. Trading restrictions: (1) Employees of stock exchanges, securities companies, securities registration and settlement institutions, employees of securities regulatory agencies and other personnel prohibited from participating in stock trading by laws and regulations. (2) Professional institutions and personnel who issue audit reports, asset appraisal reports or legal opinions for stock issuance. (3) Shareholders holding 5% of the issued shares of a joint stock limited company.

Verb (abbreviation of verb) case analysis problem

Homework 2

Chapter VI-Chapter IX

I. Multiple choice questions

1、B 2、D 3、C 4、A 5、C 6、B 7、B 8、C 9、C 10

1 1、B 12、B 13、A 14、C 15、A

Second, multiple choice questions

1、ABCDE 2、BCD 3、ABC 4、ABCDE 5、ACDE

Third, judge the analysis questions

1, right. (According to Article 73 of China Contract Law)

2. no. Inventions and creations made by employees of enterprises, institutions, social organizations and state organs outside their own work and business scope are non-service inventions. )

3. no. (This behavior does not belong to one of the three types of trademark infringement)

4. no. (Trade secrets refer to technical information and business information that are not known to the public, can bring economic benefits to the obligee, are practical, and are kept confidential by the obligee. )

5. That's right.

Fourth, short answer questions

1, the effective elements of the contract include

The actor has corresponding capacity for civil conduct; Meaning is truth; Do not violate the law or public interest; The certainty, possibility and legality of the subject matter

2, the characteristics of intellectual property rights

(1) Intangible (2) Dedicated

3. Elements of a trademark

Article 7 of the Trademark Law of People's Republic of China (PRC) stipulates that the characters, figures or their combinations used in trademarks should be distinctive and easy to identify. Where a registered trademark is used, the standard "registered trademark" or registration mark shall be used.

4. The main differences between unfair competition and unfair competition.

(1) Unequal competition is caused by unequal and unfair external conditions of operators; Unfair competition is caused by operators' subjective violation of laws and business ethics.

(2) Unequal competition is generally not illegal, and unfair competition must be illegal.

(3) Unequal competition may affect the enthusiasm of other operators, but it may not directly harm the interests of consumers and seriously undermine social order; Unfair competition directly harms the interests of other operators and consumers and harms society.

5, the seller's obligation to product quality

(1) The seller shall implement the incoming inspection and acceptance system, and verify the product certificate and other marks.

(2) The seller must guarantee the product quality and the authenticity of the information related to the product quality.

Verb (abbreviation of verb) case analysis problem

Homework 3

Chapter 10-Chapter 13

I. Multiple choice questions

1、A 2、A 3、B 4、A 5、A 6、A 7、A 8、C 9、D 10、A

1 1、B 12、B 13、C 14、C 15、C

Second, multiple choice questions

1、ABCD 2、ABC 3、AB 4、ABDE 5、ABCDE

Third, judge the analysis questions

1, wrong. (Consumers' associations shall not engage in commodity business and provide services for profit. )

2. That's right. (In line with Article 2 of the General Principles of People's Republic of China (PRC) Procurement Law)

3. That's right.

4. That's right.

5. no. (The qualification grade of real estate development enterprises shall be examined and approved by the construction administrative department. )

Fourth, short answer questions

1. legislative purpose and basic principles of the consumer rights protection law

The legislative purpose of China's consumer protection law is to protect the legitimate rights and interests of consumers, maintain social and economic order and promote the healthy development of the socialist market economy.

The basic principle of the Law on the Protection of Consumers' Rights and Interests: 1, the state fully protects consumers' rights and interests; 2. Operators provide goods or services according to law; 3. The transaction is voluntary, equal, fair, honest and trustworthy; 4. Social supervision.

2, the way of government procurement

There are six ways of government procurement: public bidding, invitation bidding, competitive negotiation, single-source procurement, inquiry and other procurement methods recognized by the procurement supervision and management department of the State Council government.

3. Elements of tax law

The elements of tax law include: taxpayer; Tax object; Taxes and tax items; Tax rate; Tax payment link; Tax payment period; Tax exemption and reduction; Deal with violations.

4. Obligations of the Insured

A: The obligation to tell the truth; Obligation to pay insurance premiums; Notify the insurer in time after the occurrence of an insurance accident; Provide relevant certificates and materials that it can provide to confirm the nature, cause and loss degree of the insured accident.

5. Real estate transfer procedures

First, both parties to the transfer sign a written transfer contract;

Two, the two parties to the transfer of real estate ownership certificate, the legal proof of the two parties to the transfer, the transfer contract and other relevant documents within thirty days after the signing of the transfer contract to the real estate management department where the real estate is located, and declare the transaction price;

Three, the real estate management department to review the relevant documents submitted, and make a written reply whether or not to accept within fifteen days;

Four, the real estate management department to verify the declared transaction price, and according to the needs of the transfer of real estate on-site investigation and evaluation;

Five, the two sides of the real estate transfer in accordance with the provisions of the relevant taxes and fees;

Six, the real estate management department issued a transfer order.

Verb (abbreviation of verb) case analysis problem

Homework 4

Chapter 14-Chapter 17

I. Multiple choice questions

1、C 2、C 3、B 4、A 5、A 6、C 7、B 8、B 9、A 10、A

1 1、A 12、B 13、D 14、A 15、D

Second, multiple choice questions

1、BCD 2、ABCD 3、ABCD 4、ABCDE 5、AB

Third, judge the analysis questions

1, right. (in line with the relevant provisions of China's labor law)

2. no. The labor law stipulates that collective contracts must be in written form. )

3. That's right.

4. That's right. (in line with the relevant provisions of China's environmental protection law)

5. That's right. (in line with the relevant provisions of China's Accounting Law)

Fourth, short answer questions

1. Briefly describe the characteristics of labor contracts.

Characteristics of labor contract: 1 Specific subject of labor contract; 2. The content of the labor contract has the unity and correspondence of labor rights and obligations; 3. The object of labor contract is single, that is, labor behavior; Labor contract has the characteristics of commitment, compensation and two-way contract. A labor contract is established when the laborer and the employer reach an agreement on the terms of the labor contract. Labor contracts often involve the material interests of third parties.

2. Briefly describe the connection and difference between collective contract and labor contract.

(1) Contact between collective contracts and labor contracts Collective contracts are closely related to labor contracts. They are all important components of labor legal relations, methods and means to adjust labor legal relations, and play an important role in coordinating and stabilizing labor relations. (2) The difference between a collective contract and a labor contract. The subject of collective contract is more extensive than that of labor contract. One of the subjects of a collective contract is a trade union, a trade union group or a worker's representative, and the other is an employer or an employer's group. The subject of a labor contract is limited to workers and employers. B, the content is different. The conditions stipulated in the collective contract are the general working conditions of all employees represented by the trade union or the employee representatives who signed the collective contract; Labor contracts only involve the special working conditions of individual workers. C, different purposes. The purpose of collective contract is to balance the strength of individual workers and employers, protect the legitimate rights and interests of workers, and coordinate and stabilize labor relations through negotiations between trade unions or employee representatives and employers; The purpose of a labor contract is to establish labor relations and clarify the rights and obligations of both parties. D. Different scope of application. Collective contracts are applicable to all workers represented by trade union representatives or workers' representatives who sign collective contracts; Labor contracts are applicable to individual workers and employers who sign labor contracts. E, the effect is different. Collective contracts are more effective than labor contracts. F, the form requirements are different. The signing of a collective contract must be signed by the chief representatives of both parties, and must be in written form and reported to the labor administrative department for approval; The labor contract only needs to be signed by the individual laborer and the employer through consultation, and it should be in written form, but the law does not exclude oral form, and at the same time protects the legal relationship of factual labor. Disputes are handled in different ways. Collective contract disputes are mostly handled by the government in coordination with employers and employees, while labor contracts are handled by ordinary labor disputes.

3. Anti-dumping measures

Anti-dumping measures include temporary anti-dumping measures, price commitments and anti-dumping duties. 4. Environmental issues

Environmental problems refer to the deterioration of environmental quality or the imbalance of ecosystem caused by human activities or natural reasons, which bring adverse effects or disasters to human life and production, and even have harmful effects on human health. There are many kinds of environmental problems, which can be summarized into two categories: one is the primary environmental problem caused by natural evolution and natural disasters, also known as the first environmental problem. One is the secondary environmental problem caused by human activities, which is also called secondary environmental problem. It is difficult to completely separate primary and secondary environmental problems, and they often influence and interact with each other.

5. Basic principles of accounting law

(1) principle of authenticity (2) principle of integrity (3) principle of legality.

Verb (abbreviation of verb) case analysis problem