2009 "Introduction to Economic Law" Formative Assessment Workbook Answers 1-4 (2009-04-05 13:10:47) Tag: Miscellaneous Talk Category: TV University Study

"Economy "Introduction to Law" Formative Assessment Workbook Answers 1

1. Multiple choice questions

1. C 2, A 3, B 4, A 5, B 6, B 7, D 8. B 9, C 10, D 11, A 12, D 13, D

14, A 15, B

II. Multiple choice questions

1. ABE 2. AD 3. ABCD 4. ABCE 5. ABC

3. Judgment Analysis Questions

1. Wrong. Law is the embodiment of the will of the ruling class.

2. Wrong. The adjustment object of my country's civil law is to adjust the property relations and personal relations between equal subjects.

3. Wrong. It refers to the bankrupt enterprise's property that can be distributed to creditors according to law after bankruptcy is declared.

4. Wrong. A one-person limited liability company refers to a limited liability company with only one natural person or legal person as shareholder.

5. Wrong. Registration system and approval are two securities issuance review systems that are not completely opposite.

IV. Short answer questions

1. (1) Subject of economic legal relationship. Its types include: state agencies, social organizations, internal organizations, individual citizens under certain conditions, and the country.

(2) Contents of economic and legal relationships: economic rights and economic obligations.

(3) Objects of economic and legal relations: tangible property, economic behavior, and intangible wealth.

2. The valid conditions are: (1) The actor must have the corresponding capacity for civil conduct. (2) The perpetrator’s intention is true.

(3) Does not violate the law or social interests.

3. A partnership enterprise has the following characteristics: (1) The investors are two or more natural persons with full civil capacity and investment rights. (2) A partnership is an unincorporated enterprise, and the partners bear unlimited joint and several liability for the debts of the partnership. (3) Partners *** jointly manage and operate the partnership.

4. The following conditions must be met to establish a joint-stock company: (1) The promoters meet the quorum. (2) The share capital subscribed by the promoters and publicly raised by the public reaches the minimum statutory capital limit. (3) Share issuance and preparation matters comply with legal regulations. (4) The promoters formulate the articles of association of the company, which are approved by the founding meeting when established through fundraising. (5) Have a company name and establish an organizational structure that meets the requirements of a joint-stock company. (6) Have a company domicile.

5. (1) Principle of openness, fairness and justice

(2) Principle of voluntariness

3) Principle of compensation

( 4) The principle of good faith is with you

V. Case analysis questions (reference)

1. The manager asked Niu to handle the first batch of overcharged 2,000 kilograms, which was not in compliance with the law. Because the company manager ratified Niu's ultra vires agency. A posthumous decree turns an unauthorized agent into an authorized agent. The company manager refused to accept the second batch of jujubes, which was in compliance with the law. Because the company manager had warned Niu not to follow suit next time, he actually refused to ratify it.

Therefore the final legal consequences should not be borne by the company.

2. The court should not accept this case because the Bankruptcy Law stipulates that if an enterprise causes serious losses due to poor management and management and is unable to pay off its due debts, the creditor or debtor can apply and the case will be heard by the people's court where the enterprise is located. . However, if the debtor makes the application, it must be approved by the superior manager of the enterprise. When the debtor files for bankruptcy, he should explain the company's losses and submit relevant accounting statements, a list of debts and a list of claims.

3. (1) Comply with legal requirements. A limited liability company is established with capital contributions from less than 50 shareholders.

(2) Comply with legal requirements. The minimum registered capital of a limited liability company is 30,000 yuan.

(4) Comply with legal requirements. If all shareholders agree not to distribute dividends in proportion to their capital contribution, their agreement is valid.

(5) Comply with legal requirements.

(6) Comply with legal requirements. The legal representative shall be the chairman, executive director or manager.

(7) Does not comply with legal provisions. Investments cannot be withdrawn freely.

4. Answer: There is no legal basis. According to the Company Law: A company may not acquire its own shares, except where specified. According to the "Securities Law": It is prohibited for anyone to conduct securities transactions between accounts actually controlled by themselves and affect the securities transaction price or securities transaction volume.

Answers 2 to the formative assessment workbook of "Introduction to Economic Law"

1. Multiple choice questions

1. B 2, D 3, C 4, C 5. C 6, B 7, B 8, C 9, C 10, C 11, B12, B 13, D

14. C 15, A

2. Multiple choice Questions

1. ABCDE 2. BCD 3. ABC 4. ABCDE 5. ACDE

3. Judgment Analysis Questions

1. Yes. Except where the creditor's rights belong exclusively to the debtor himself.

2. Wrong. Not all inventions and creations completed by staff of enterprises, institutions, social groups, and state agencies outside of working hours are service inventions.

3. Yes.

4. Wrong. It refers to technical information and business information that is familiar to the public, can bring economic benefits to the right holder, is practical and the right holder has taken confidentiality measures.

5. Wrong. Excludes primary agricultural products and real estate. However, the building materials, building components and equipment used in the construction project can be applied.

4. Short-answer questions

1. (1) The actor has the corresponding capacity for civil conduct; (2) The intention is true; (3) It does not violate the law or social welfare; ( 4) Comply with the form required by law.

2. (1) The actor has the corresponding capacity for civil conduct; (2) The intention is true; (3) It does not violate the law or social welfare; (4) It complies with the form required by the law.

3. (1) It has distinctive features and is easy to identify (2) It must not conflict with the previously acquired legal rights of others

(3) It must be a visible sign (4) ) shall not violate the prohibitive provisions of the law

4. (1) Their differences are: (1) Unfair competition is caused by unequal and unfair external conditions of operators (including economics, laws, and policies) Caused by it, rather than caused by the actor's subjective violation of laws, violation of business ethics, etc.; (2) Unfair competition is generally not an illegal act, but unfair competition must be an illegal act; (3) Social consequences and legal consequences are different.

5. The seller’s product quality responsibilities and obligations include: (1) The seller shall implement the incoming inspection and acceptance system and verify product qualification certificates and other identifications. (2) Sellers should take measures to protect the quality of products sold.

V. Case Analysis Questions

1. (1) The loan contract between Wang Chun and Wang Liujia is illegal in terms of the interest rate of the contract. The loan contract between natural persons If there is interest, the loan interest rate shall not violate the state's regulations on limiting loan interest rates

(2) The statute of limitations of the loan contract has not expired. Because the contract that took effect on January 10, 1996 had a term of one year, but in December 1996, the two parties negotiated and agreed to extend it to January 10, 1997, and the statute of limitations for litigation should start from this date.

(3) The guarantor bears guarantee liability for the unchanged loan contract, but the two parties changed the main contract without consulting the guarantor, so they do not need to bear guarantee liability for the changed contract.

(4) The interest rate is unreasonable

(5) Liquidated damages can be paid

2. A certain bicycle is registered to both Shanghai Bicycle Company and Mudanjiang Bicycle Factory Trademark Infringement The Trademark Law stipulates that using an identical or similar trademark on the same or similar goods without the permission of the trademark registrant will constitute infringement. When the industrial and commercial administrative department determines that the infringement is established, it shall order the infringement to be stopped immediately, confiscate and destroy the infringing trademark and the infringing trademarks used exclusively for the manufacture of infringing goods, and may impose a fine. If the loss cannot be calculated, the calculation shall be based on the profit obtained from the sale of 205,000 bicycles due to the infringement.

3. The behavior of the thermos flask was unfair competition.

It constitutes false publicity and defamation of goodwill. False publicity refers to the use of advertisements or other methods by operators to promote the content of goods or services that is inconsistent with the actual situation in market transaction activities, causing customers and consumers to be deceived or The act of falling into misunderstanding. Defamation of goodwill means that organizations or individuals engaged in production and business activities use means to fabricate and spread false facts to slander or disparage their competitors' business reputation or product reputation in order to attack their competitors and gain recognition in market competition. , in order to weaken its market competitiveness.

4. Cheng has no right to claim compensation from the electric fan factory. The Product Quality Law stipulates that if the manufacturer can prove one of the following circumstances, it will not be liable for compensation; (1) Failure to put the product into mainstream circulation, (2) ) The defect causing the damage did not yet exist when the product was put into circulation, (3) The existence of the defect could not be discovered by science and technology at the time the product was put into circulation.

This case falls into the first situation mentioned above.

Assignment reference answers 3 of the formative assessment workbook "Introduction to Economic Law"

1. Multiple-choice questions

1. A 2, A 3, B 4 , A 5, C 6, A 7, A 8, C 9, D 10, A 11, B 12, B 13, C

14, C 15, C

two , Multiple choice questions

1. ABCD 2, ABC 3, AB 4, ABCD 5, ABCD

3. True or False questions

1. Wrong. Consumer organizations are not allowed to engage in commodity operations and profit-making services.

2. Yes

3. Yes.

4. Wrong. It can be divided into physical defense and human defense.

5. Wrong. Qualification levels shall be reviewed and approved by the construction administrative department.

: 4. Short answer questions

1. Legislative purpose: to protect the legitimate rights and interests of consumers, maintain social and economic order, and promote the healthy development of the socialist market economy. Basic principles: (1) State The principle of comprehensively protecting the rights and interests of consumers; (2) the principle that operators provide goods and services in accordance with the law; (3) transactions should comply with the principles of voluntariness, equality, fairness, and good faith; (4) the principle of social supervision.

Answer: (1) Public bidding procurement (2) Invitation bidding (3) Competitive negotiation (4) Single source procurement (5) Inquiry procurement (6) Others.

3. (1) Taxpayers (2) Taxable objects (3) Tax items (4) Tax rates (5) You are the tax link (6) Tax payment deadlines (7) Tax reductions and exemptions and local surcharges and additions Chengxinghun

4. The obligations of the policy holder of the property insurance contract mainly include: the obligation to pay the insurance premium on time, the obligation to perform due diligence for the safety of the insured subject as stipulated in the contract or the law, and to promptly report the situation of repeated insurance. Obligations etc. The obligations of the policy holder in a personal insurance contract mainly include: the obligation to provide the true situation of the insured, the obligation to pay insurance premiums on time, the obligation to provide relevant written documents, etc.

5. The procedure for real estate transfer is:

First, the parties to the real estate transfer sign a written contract.

Second, the parties involved in the real estate transfer shall, within 30 days after the signing of the real estate transfer contract, submit the real estate property ownership certificate, the parties’ legal certificates (ID cards, business licenses, etc.), the transfer contract and other relevant documents to the real estate agency where the real estate is located. The management department files an application and declares the transaction price.

Third, the real estate management department will review the relevant documents provided and make a written reply within 15 days on whether to accept the application. Fourth, the real estate management department verifies the declared transaction price and, if necessary, conducts on-site inspection and evaluation of the real estate that may be transferred. :Fifth, the parties involved in the real estate transfer shall pay taxes and fees in accordance with regulations: :Sixth, the real estate management department shall issue a transfer slip, and both parties shall use the transfer slip to complete the transfer registration procedures and receive the real estate ownership certificate

5. Case Analysis Question (refer to answer key)

Answer: It should be supported. According to the provisions of the consumer law: consumers have the right to respect and their personal dignity shall not be violated. The supermarket's behavior violated Qian's rights, and it should bear corresponding legal responsibilities, such as making an apology, eliminating the impact, etc.

2. Answer: There is an error.

According to this article of the "Tax Administration Law": Taxpayers must truthfully handle tax returns and submit tax returns and financial accounting statements in accordance with the declaration deadlines and declaration contents determined by laws and administrative regulations or by the tax authorities in accordance with laws and administrative regulations. and other tax information that the tax authorities require taxpayers to submit based on actual needs. Even though the company is not doing business, it should still declare (zero declaration). According to Article 62 of the "Tax Administration Law": the tax authorities shall order corrections within a time limit and may impose a fine of not more than 2,000 yuan.

3. Answer: The insurance company does not need to pay death insurance benefits. According to the provisions of Article 65 of the Insurance Law: In a contract where death is a condition for payment of insurance benefits, if the insured commits suicide, except as provided in paragraph 2 of this article, the insurer shall not be liable for payment of insurance benefits. The insurance premium shall be refunded by the insurer to its cash value in accordance with the insurance policy. However, if it has been more than 2 years since the date of establishment of the contract, the insurer may pay the insurance premium in accordance with the contract. In this case, Wang committed suicide within 2 years.

4. Answer: If the demolisher and the person being demolished or the demolisher, the person being demolished and the lessee cannot reach a compensation and resettlement agreement for demolition, the decision shall be made by the housing demolition management department upon application by the parties concerned. The house demolition management department belongs to the people being demolished and shall be adjudicated by the people's government at the same level. The ruling shall be made within 30 days from the date of receipt of the application. If the party concerned is dissatisfied with the award, he may file a lawsuit with the People's Court within 3 months from the date of delivery of the award. If the demolisher has provided monetary compensation or provided housing for demolition resettlement or turnover to the demolished persons in accordance with the provisions of these Regulations, the execution of the demolition will not be suspended during the litigation period

Answers to the formative assessment workbook of "Introduction to Economic Law" 4

1. Multiple choice questions

1. C 2, C 3, B 4, A 5, A 6, A 7, B 8, B 9, A 10, A 11. A 12. B 13. D

14. A 15. D

2. Multiple choice questions

1. ABCD 2. ABCD 3. ABCD 4. ABCDE 5. AB

3. Judgment Analysis Questions

1. Yes, it refers to the legal system that directly protects the life, safety and physical health of workers during labor or work.

2. Wrong. The collective contract shall be in writing.

3. Wrong. The catalog shall be formulated and adjusted by the economic and trade administration department of the State Council in conjunction with relevant departments of the State Council

4. Yes

5. Yes.

IV. Short-answer questions

1. (1) The subject of a labor contract, one of which is the employer, and the other is a natural person who has labor rights and behavioral capabilities. (2) The status of workers in signing and performing labor contracts is special, including both arbitrary norms and mandatory norms. (3) The labor contract has continuity and is a continuing contract. (4) The purpose of a labor contract is to realize the labor process, not the realization of labor results, to distinguish it from a processing contract. (5) Labor contracts must be concluded in accordance with legal procedures.

3. (1) Temporary anti-dumping measures (2) Price commitments (3) Anti-dumping duties (4) Retroactive collection of anti-dumping duties

4. Environmental problems refer to environmental conditions due to man-made activities Changes that are not conducive to human beings have occurred, affecting human production and life, and causing disasters to human beings. It does not include some natural disasters that humans cannot foresee or prevent.

Environmental problems can generally be divided into two categories: (1) damage to the natural environment; (2) environmental pollution.

5. (1) Principle of legality; (2) Principle of unity

5. Case analysis (reference points)

1. See Chapter 14 for details Chapter "Labor Legal System Chapter"

Answer: (1) Wang Jing's actions are illegal

(2) Wang Jing and a computer development center.

2. First, the main objections raised to the complaint are: (1) Substitute country: The complainant proposed to use South Africa as a substitute country. The reason for our objection is that there is only one country in the South African market. The companies that produce paracetamol lack sufficient competitiveness due to strict import restrictions; at the same time, the raw material ingredients for the production of this product in South Africa are completely different from those of Chinese companies; (2) Application for market economy/separate ruling treatment: The three companies responding to this case all Request to apply for market economy/separate adjudication treatment; (3) Damage defense: There is no substantial damage to the complaining party. It can be seen from the complaint that the complainant's production in the EU increased by 31% from 1996 to 1999, with an average annual growth rate of 10%. The production capacity and output rate increased by 17% and 10% respectively during the same period; from the end of 1995 to the end of 1999, the inventory Reduced by 64%; (4) Product definition: The product proposed by the complainant for anti-dumping - paracetamol, is defined as "a product for medical purposes, an analgesic, used for humans or livestock." The paracetamol API imported from China is actually not sold in Europe for medical use in humans and animals because it has not obtained COS certification. (5) PAP, as the main raw material for the production of paracetamol, accounts for 55%-60% of the production cost. Its main raw materials are very different from those used in Europe and the United States, and their production costs differ by about 20%.

Second, case analysis (1) Market economy treatment. Before 1998, the EU had always regarded China as a non-market economy country and used data from the reference country to determine normal value. Denying "market economy" status is the most unfair or "discriminatory" treatment that Chinese companies receive when responding to foreign anti-dumping investigation procedures. Such investigations and procedures directly lead to: (1) The Chinese respondent companies have no idea whether their export products constitute “dumping” in the true sense. (2) The tax rate levied actually limits the price increase of export enterprises to the price level of a certain reference country (substitute country). (3) It cannot accurately reflect China’s actual costs and sales prices. (4). The enthusiasm of Chinese companies to respond to lawsuits is frustrated and they are not active in responding to lawsuits, leading to worse results. On July 1, 1998, the European Commission revised Article 2, Paragraph 7 of Anti-dumping Regulation No. 384/96, removing China from the list of non-market economy countries, and conditionally reviewing and granting "market economy" status to Chinese responding companies. "status. As the anti-dumping investigation agency, the European Commission establishes the "market economy" treatment of an enterprise based on the five standards for obtaining "market economy" in the EU anti-dumping regulations, namely (1) the nature of the enterprise, equity structure, and operating decision-making mechanism; ( 2) Audit of corporate finances and financial standards adopted; (3) Reliability of costs; (4) Legal framework and protection applicable to companies; (5) Free convertibility of currencies in international trade. If the respondent company wants to obtain it, it must voluntarily submit an application and accept on-site verification in accordance with the content of these five standards and the prescribed procedures. The situations of the three responding companies in this case are different. Two companies were subject to verification, and one of them received "market economy" treatment. The reason may be that there are some unknown factors, but based on the superficial analysis of the "Five Standards", the two verified companies have poor performance in terms of company structure, financial operation standards, use of accounting principles, asset depreciation and amortization, Audit reports and other aspects are very different. Lu'an Pharmaceutical Co., Ltd. in Anqiu City, Shandong Province was restructured from the original township enterprise into a limited liability company held by workers. It has clear equity relationships, good financial status, standardized accounting, and complete auditing; Zhejiang Kangle Group Import and Export Co., Ltd. The company was formed after the restructuring of a state-owned enterprise, with a certain proportion of state-owned shares held, and the remaining shares held by internal employees of the company. Although the company structure is clear legally, there are still areas where financial actions are unclear from state-owned assets, so the results are It is also conceivable. In fact, the purpose of the European Commission's "market economy" standards is to review whether enterprises are engaged in commercial activities under a relatively complete legal framework, and at the same time, whether they have a reasonable management mechanism, sound financial systems, accounting principles, etc. to ensure cost credibility. (2) Defense about the fact of damage According to WTO anti-dumping laws, the initiation of anti-dumping investigation procedures must exist (1) dumping; (2) substantial damage or threat of damage; (3) the dumped imported products are related to the alleged damage. a causal relationship between. In the present case, neither prima facie nor factual evidence could be obtained that was detrimental to the facts.

The evidence provided by the complaining party cannot prove that there is substantial damage. Even if there is damage, it cannot be proved that it is caused by imported dumped products. The EU's investigative authorities were unable to find actual evidence of the import of the products under investigation. In this way, it is impossible to judge dumping from the import price, and it is impossible to determine the damage. Therefore, it is inevitable to terminate the investigation in this case.

3. First, although the sewage from the Nanhai Hotel is indirectly discharged into the marine environment after centralized treatment in the sewage treatment plant, municipal pipelines and sewage treatment plants are only channels for sewage to be discharged into the sea, and this cannot be the reason why the sewage is discharged into the sea. It is determined to be indirect discharge and exempted from the responsibility for pollution control. Second, the sewage treatment plant was built to centrally treat domestic sewage in industrial areas and improve the investment environment. At present, its main function is to receive domestic sewage from industrial areas, and industrial wastewater must meet standards before it can be discharged. After investigation, the sewage treatment fee charged by the sewage treatment plant is very low, far lower than the cost of sewage treatment and the excessive sewage discharge fee. It is a paid use of municipal facilities, and its purpose is mainly to maintain and ensure the normal operation of the sewage treatment plant. Pollution control is the legal obligation of the sewage treatment unit. Nanhai Hotel cannot transfer the pollution control obligation to the sewage treatment plant because it has paid a certain amount of treatment fees to the sewage treatment plant. Third, given that the current treatment capacity of the sewage treatment plant is mainly to accept and treat domestic sewage from industrial areas and industrial wastewater that has been treated to meet standards, Nanhai Hotel violated the law by discharging its untreated wastewater that exceeded the standard into the sewage treatment plant. The regulations of the sewage treatment plant, although only for the wastewater from the Nanhai Hotel, its pollutants may be reduced after treatment by the sewage treatment plant, but for the entire sewage entering the sewage treatment plant, it will affect the treatment of other sewage Effect. In addition, the sewage treatment plant is currently only a municipal public facility that relies on municipal funds to build and ensure its operation. Obviously, it cannot take the responsibility of controlling pollution by itself. Therefore, it is reasonable to take samples from the sewage outlet of Nanhai Hotel to determine the content of pollutants. As for the fourth reason stated by Nanhai Hotel, the environmental protection department believes that this is only the internal affairs of the company itself and cannot be used as a reason to refuse to pay sewage charges. In accordance with the relevant provisions of the "Environmental Protection Law" and the "Regulations on the Prevention and Control of Pollution Damage to the Marine Environment by Land-Sourced Pollutants", the Municipal Environmental Protection Bureau made a decision to fine the Nanhai Hotel 10,000 yuan and pay a deadline for exceeding the standard sewage discharge fee and a late payment fee of 22,000 yuan. Yuan and HKD 125,000

4. (1) Enterprises have no right to refuse the supervision and inspection of their accounting work by the financial department. According to the provisions of my country's accounting legal system, the financial departments of the people's governments at or above the county level are the supervision and inspection departments for the accounting work of each unit and exercise supervisory power over the accounting work of each unit. The Accounting Law is binding on all entities in my country.

(2) The company's handling staff's practice of changing the amount of the original voucher does not comply with regulations. According to the provisions of the "Basic Accounting Work Standards", if there is an error in the amount of the original voucher, it shall be reissued by the issuing unit, and corrections shall not be made on the original voucher. (3) Accountants who transfer jobs or leave their jobs must complete the handover procedures with the takeover personnel. The handover procedures for general accountants shall be supervised by the person in charge of the accounting department and the accounting supervisor. The person in charge of the accounting agency and the accounting supervisor shall handle the handover procedures, and the unit leader shall supervise the handover. If necessary, the competent unit may send someone to jointly supervise the handover. Personnel engaged in accounting work must obtain an accounting qualification certificate. To serve as the person in charge of the unit's accounting department (accounting supervisor), in addition to obtaining an accounting professional qualification certificate, he must also have professional technical qualifications above that of an accountant or have more than three years of experience in accounting work

(4) Li Not qualified to practice accounting. Cashiers may not concurrently be in charge of auditing, accounting file keeping, and registration of income, expenses, creditor's rights and debt accounts

(5) State-owned and large and medium-sized enterprises in which state-owned assets hold a controlling or dominant position must set up a head office. Accountant.

According to the provisions of the Accounting Law, the financial accounting report reported by the company to the outside world shall be signed and sealed by the person in charge of the enterprise, the person in charge of accounting work, and the person in charge of the accounting agency; if a chief accountant is appointed, the chief accountant shall also sign and seal it. Stamped

(6) The financial department of the people's government at or above the county level shall order correction within a time limit and may impose a fine of not less than RMB 3,000 but not more than RMB 50,000 on the unit; Responsible persons may be fined not less than 2,000 yuan but not more than 20,000 yuan; if they are state workers, they shall also be given administrative sanctions by their units or relevant units in accordance with the law:

(7) If it constitutes a crime, Criminal liability shall be investigated in accordance with the law; if it does not constitute a crime, a fine of not less than 5,000 yuan but not more than 50,000 yuan may be imposed; if the person is a state functionary, he or she shall also be given administrative sanctions of demotion, dismissal, or expulsion by his or her unit or relevant units in accordance with the law.