217 Youth Learning and Usage Knowledge Competition (with test questions) (3)

6. What is China's fundamental political system?

a: the people's congress system.

61. China's current constitution is the (a) constitution adopted by the National People's Congress after the founding of the People's Republic of China.

A, 4 B, 1 C, 3 D and 2

62. The relative age of criminal responsibility stipulated in China's criminal law refers to (c).

A, 14 years old and under 18 years old b, 16 years old and under 18 years old

C, 14 years old and under 16 years old d, under 14 years old

63. The characteristics of legal authority include: (ABCD).

A. The supremacy of law B. Universal implementation C. Original D. High prestige

64. Parents do not let their children go to school, which is a violation of the Compulsory Education Law of the People's Republic of China.

65. Guardians have two obligations (guardianship obligation) and (upbringing obligation).

66. The Law of the People's Republic of China on the Protection of Minors stipulates that schools should care for and care for students, and should (patiently educate and help students who have shortcomings in conduct and have difficulties in learning, without discrimination).

67. In order to protect children's physical and mental health, some public places are forbidden to minors, such as (business dance halls) and (karaoke bars).

68. Every year, June 26th is the International Day for Drug Control.

69. The elements of the law are (ABC)

A. Legal rules B. Legal principles C. Legal concepts D. Legal awareness

7. The status of the Constitution (Abd)

A. Any other law must conform to the basic principles and spirit of the Constitution. Otherwise, it is invalid because it is unconstitutional

B. Constitution is the legislative basis of other laws

C. Constitution is the basis of judicial judgment

D. Constitution is the highest code of conduct of all state organs, social organizations and citizens

71. The characteristics of citizens' basic rights and obligations are (ABCD).

a. extensiveness of rights and obligations B. reality of rights and obligations

C. equality of rights and obligations D. consistency of rights and obligations

72. The basic principles of civil law mainly include (ABCD)

A. equality and voluntariness B. fairness

C. honesty and law-abiding D. public order and good customs.

A. Object of crime B. Objective aspect of crime

C. Subject of crime D. Subjective aspect of crime

74. The condition of administrative subject is (ABCD)

A. It is a certain state organ and social organization B. It is an organization with state administrative power according to law

C. It can carry out administrative activities in its own name D. It can independently bear legal consequences < The rights that can be exercised are (ABC)

A. Through the staff congress or other forms, Participate in the democratic management of the school

B. Participate in advanced studies or other forms of training

C. Take paid vacations during the summer and winter holidays

D. Order students who are not disciplined in class to leave the classroom

76. Legal restrictions on school power in compulsory education stage (AB)

a. No tuition fees. B. No expulsion of students

C. No accommodation fees for boarders. D. No meals for students in the school cafeteria

77. Administrative actions can be divided into (CD)

A. Internal administrative actions B. External administrative actions

C. Abstract administrative actions D. Specific administrative actions < The main forms of educational administrative law enforcement are (ABCD) < P > A. Educational administrative license B. Educational administrative punishment < P > C. Educational administrative compulsory measures D. Educational administrative compulsory execution

79. The current school education system in China is (ABCD) < P > A. Preschool education B. Primary education C. Secondary education D. Higher education < P >. The basic conditions that must be met are (ABCD)

A. There are organizations and articles of association B. There are qualified teachers

C. There are teaching places, facilities and equipment that meet the prescribed standards

D. There are necessary school funds and stable sources of funds

81. The assessment of teachers should be objective, fair and accurate, and fully listen to the opinions of all parties. Including opinions from the following personnel (ABC)

A. Teachers themselves B. Other teachers C. Students D. Parents of students

82. The objects of patent rights include (ACD)

A. Invention B. Scientific discovery C. Utility model D. Design

83. Types of legal sanctions include (.

A. Economic sanctions B. Civil sanctions C. Criminal sanctions D. Administrative sanctions

84. Real right has (ABC)

A. Exclusive effect C. Recourse effect D. Legal effect

85. Which of the following persons has the obligation to make school-age children and adolescents receive and complete compulsory education (ABC) for a specified number of years?

A. Parents B. Other guardians C. Relevant organizations D. Relevant individuals

86. The following statements about compulsory education are correct (ABCD)

A. Compulsory education, under the leadership of the State Council, implements local responsibility and hierarchical management

B. Local governments at all levels must create conditions. Enable school-age children and adolescents to receive compulsory education

C. No organization or individual may occupy, embezzle or misappropriate the funds for compulsory education

D. The state establishes grants to help poor students attend school

87. Protect the work of minors. The principles that should be followed are (ABCD) < P > A. Protecting the legitimate rights and interests of minors B. Respecting the personal dignity of minors < P > C. Adapting to the characteristics of physical and mental development of minors D. Combining education with protection

88. To prevent juvenile delinquency, Parents or other guardians of minors and schools should educate minors about the bad behaviors that are not allowed (ABCD) < P > A. Carrying controlled knives B. Forcibly asking others for property < P > C. Stealing and deliberately destroying property D. Participating in gambling or gambling in disguised form

89. Schools can dismiss teachers (ACD).

a.

b.

c.

corporal punishment of students

d.

bad conduct, insulting students and bad influence

9. According to the provisions of the principle of fault liability, The conditions for the formation of tort liability for personal injury in schools are (ABCD) < P > A. The school's tort has caused damage facts B. The school's behavior is illegal < P > C. The school's behavior must have a causal relationship with the damage facts D. The school is subjectively at fault

91. Case analysis questions

1. From March to April 21, Chen Mou, the contractor of Daqiao Pharmacy in A City, was in the city. After the above-mentioned units purchased the "Super League" brand Yangwei pills, they immediately carried out transportation, wholesale and retail, resulting in the distribution of these Yangwei pills by 2 pharmacies in B city. In the process of sales, B Pharmaceutical Production and Supply Corporation learned that consumers reported that the stomach nourishing pills were not strong, and in June of the same year, it sent quality inspectors to check and confirmed that the quality of the "Super League" brand stomach nourishing pills was really poor, so it informed its subordinate departments to stop selling and return them quickly. On September 6th, 21, the exclusive owner of the registered trademark of Yangwei Pill, a Chinese medicine pharmaceutical factory, complained to the A Municipal Administration for Industry and Commerce and the Municipal Health Bureau respectively, requesting that the case of selling counterfeit Yangwei Pills by market information pharmaceutical units be investigated and dealt with according to law. On October 1th, 21, according to the Drug Administration Law, the Municipal Administration for Industry and Commerce made the following decisions:

(1) Destroy all 43 boxes of counterfeit stomach-nourishing pills that have been sealed in Daqiao Pharmacy; (2) Destroy all returns to consumers; (3) The illegal profits of Daqiao Pharmacy and 2 other pharmacies shall be confiscated, and a fine of 2, yuan shall be imposed respectively. Now ask:

① Which organs have jurisdiction over this punishment case?

② is the penalty decision made by the industrial and commercial bureau legal? Why?

③ if the municipal health bureau also punishes this case according to the drug administration law, does it violate the principle of "no punishment for one thing"? Why?

④ After investigation, the Municipal Administration for Industry and Commerce made the above penalty decision by summary procedure; When making the punishment decision, it was planned to impose a fine of 1,5 yuan. Because Daqiao Pharmacy kept pleading, it was decided to impose a fine of 2, yuan. From the procedural point of view, is the above practice of the Municipal Administration for Industry and Commerce legal? Why?

a: (1) the municipal health bureau has jurisdiction. (2) illegal. . Because the Municipal Administration for Industry and Commerce has exceeded its decision-making authority, the punishment decision is ultra vires. (3) It violates the principle of "no punishment for one thing". Because for the same illegal act, different administrative organs shall not be punished repeatedly on the same legal basis. (4) It is illegal in two places: ① summary procedure should not be applied; ② the punishment should not be aggravated because the parties plead.

92. Case:

In the late 197s, Zhao Zhiqiang of A city, a northern province, led more than 2 young intellectuals to establish Weijian Pharmaceutical Factory with his own technical ability. This factory is set up by individuals in Zhao Zhiqiang, and the approval procedure for the establishment of the factory is normal. However, due to various reasons, the factory has changed the affiliation of supervisors many times and experienced several "mother-in-law". In 1997, after the 15th National Congress of the Communist Party of China, the factory director Zhao Zhiqiang proposed to the competent authorities to define the property rights of the factory. After the workers in this factory learned this news, they held a workers' congress to dismiss Zhao Zhiqiang from his post as the factory director, and a famous "factory competition" occurred in the local area. Zhao Zhiqiang, the deposed factory director, ran around, complaining everywhere. Soon, the Xiangfang District Procuratorate of this city detained Zhao Zhiqiang for trial in June 1998 on the grounds that he was suspected of committing a crime by ji, and the definition of property rights ran aground. Without defining property rights, we can't define the nature of property rights of pharmaceutical factories, and we can't determine whether Zhao Zhiqiang is greedy for wu. Zhao Zhiqiang was released on bail after being detained for 1 days. In August 1999, 74-year-old Zhao Zhiqiang died of illness. On his deathbed, his bail was not lifted. It is understood that a court person believes that this case is not handled by the court and should be handled by the asset management department.

Q: What problems did this case cause in the Constitution? What do you think should be done or explained?

92. Case Title

1. This case involves the legal definition and protection of citizens' private property rights and state-owned assets. The issue of property rights is fundamentally a constitutional issue and a core issue of the constitution. The reform started in 1978, especially the development of market economy-China is facing a very urgent problem, that is, the protection of private property and private property rights. Therefore, the relationship between the constitution and private property has been put on the important agenda, and the protection of private property and private property rights is the central topic of constitutional amendment.

2. The 1982 Constitution and the three constitutional amendments in the 199s all focused on property, which fully reflected the internal interaction between the development of the Constitution and property rights. The Constitution stipulates "protecting the legitimate rights of individual economy", especially the provision in Article 13 of the Constitution shows that the protection of private property has been clearly stipulated in the Constitution; In 1988, the constitutional amendment stipulated that the land use right could be leased or transferred with compensation. The first partial recognition of private property rights in land; The constitutional amendment in 1999 clearly stipulated that "the non-public economy is an important part of the socialist market economy" and that "the state protects the legitimate rights and interests of the individual and private economy". The above provisions of the Constitution on the protection of private property are not only the need of developing market economy, but also the real property rights problems reflected in this case. The provisions of the constitution on property rights relations reflect the development process of the constitution from one aspect.

3. This case is not suspected of having committed a crime by ji, but a property right relationship problem, which should have been solved through the ownership of property rights. However, because there was no legal provision at that time, it was difficult for the court to accept it, and it was difficult for the property right management organ to administer according to law. In addition, some people in the procuratorate made mistakes, which caused Zhao Zhiqiang to suffer injustice and even failed to correct it when he died. The lesson is profound.

4. According to the Constitution and relevant laws, Zhao should be the owner of the property of the pharmaceutical factory, which should be the premise of handling the legal relationship of this case. Secondly, the relationship between Zhao and more than 2 young intellectuals and the relationship between Zhao or the factory and the affiliated unit of the supervisor (that is, the "mother-in-law"). In any case, these two relations can not judge Zhao's property ownership of the factory, let alone confuse standardizing property rights relations with crimes committed by ji. Today, the analysis of this case focuses on rehabilitating the unjust case, drawing lessons, perfecting the property rights law system, and truly recognizing and protecting the property rights and property ownership of individual and private economic owners in order to meet the requirements of promoting the development of market economy, protecting human rights (including property rights) and building a country ruled by law.

93. Wu Mou was detained by the customs of place A for 24 hours on suspicion of zou's private interests for violating the relevant provisions of the customs law. Wu Mou was released from the personal detention of the customs and returned to his residence in B city. Wu Mou refused to accept the personal detention of the customs in A place and wanted to bring a lawsuit to the people's court. Q:

① Wu Mou wants to apply for reconsideration of an act of customs first, to which authority should it apply for reconsideration?

② if the reconsideration organ maintains the original specific administrative act and decides to bring a lawsuit, how to determine the territorial jurisdiction of this case?

③ if the original specific administrative act is upheld by the reconsideration organ, but it is confirmed by the people's court that the act is illegal, can it file a state compensation claim for the act? Who is the organ liable for compensation?

a (1) apply for reconsideration to the higher-level competent department of customs in place a. (2) The people's courts at the place where A's customs is located, where Wu Mou's household registration is located, where Wu Mou's domicile is B, and where freedom of life is restricted have jurisdiction. (3) Helping Wu Mou has the right to claim compensation from the state, and the organ liable for compensation should be the customs at A's place.