This paper mainly analyzes this, hoping to help candidates prepare for the exam!
First, the effectiveness of education laws and regulations
1. Formal validity
This is the hierarchical relationship between the mother law and the child law, and the upper law and the lower law.
For example, the constitution is the fundamental law of the country and is superior to all other laws.
After the Constitution, there are basic education law, separate education law, educational administrative regulations, local education regulations and local government education regulations. The latter cannot contradict the former, and its legal effect will be reduced in turn.
2. Time effect
The time effect of educational laws and regulations mainly refers to when educational laws and regulations come into effect, when they fail, whether they have retrospective effect, and the past effect.
For example, Article 86 of the Education Law states that this Law shall come into force on 1 September, 9951day.
3. Space effectiveness (regional effectiveness))
The regional effectiveness of educational laws and regulations refers to the geographical scope of application of educational laws and regulations.
For example, the Education Law of the People's Republic of China applies to all of China.
4. Human effectiveness
People's effectiveness refers to who is bound by educational laws and regulations.
People are the subject of legal relations, including natural persons and legal persons, as well as international organizations and countries.
For example, Article 39 of the Law on the Protection of Minors: No organization or individual may disclose the privacy of minors.
Step 2: Practice
A topic 1. The Vocational Education Law stipulates: "No organization may misappropriate or embezzle the funds for vocational education.
The "Regulations" embodies the () of education laws and regulations.
A. Form effect B. Time effect C. Space effect D. Influence on people
1. Answer D.
Analysis: This question is a survey of the effectiveness of educational laws and regulations.
The validity of educational laws and regulations refers to the protection and binding force of educational laws and regulations.
Generally, it can be divided into four categories: formal effectiveness, time effectiveness, space effectiveness and human effectiveness.
The "any organization" in the title belongs to a legal person, which embodies the effect on "people", so theory D is correct.
True or false question 2. Article 40 of the Measures for Handling Student Injury Accidents: These Measures shall come into force on September 1 2002. Where the provisions on the handling of students' personal safety accidents issued by the former State Education Commission and the Ministry of Education are inconsistent with these measures, these measures shall prevail.
The student injury accidents that have been handled before the implementation of these Measures will not be re-handled.
This provision reflects the spatial effect of educational laws and regulations.
() ) ) ) )。
2. the answer.
Analysis: This question is a survey of the effectiveness of educational laws and regulations.
The validity of educational laws and regulations refers to the protection and binding force of educational laws and regulations.
Generally, it can be divided into four categories: formal effectiveness, time effectiveness, space effectiveness and human effectiveness.
The title "The Measures shall be implemented as of September 1 day, 2002" indicates when this regulation will take effect; "Students' injury accidents that have been handled before the implementation of these Measures will not be re-handled" refers to whether the provisions have retrospective effect, which is manifested as time effect and the title expression is wrong.
If you have any questions about the self-taught/adult-taught examination, don't know the contents of the test sites for self-taught/adult-taught examination, and don't know the local policies for self-taught/adult-taught examination, click on Mr. official website at the bottom to get the review materials for free: /xl/