Examination questions of environmental and resource protection law

Course code: 00228

1. Multiple-choice questions (there are 24 small questions in this big question, with each small question 1 point, with a total of 24 points)

Of the four options listed in each question, only one meets the requirements of the topic. Please fill in the code in brackets after the title. Wrong selection, multiple selection or no selection will not be scored.

The "environment" mentioned in the length environmental law refers to ()

A.b. habitat

C. Artificial environment D. "Environment" in environmental science

2. When social laws, economic laws and natural laws are inconsistent, it is () that ultimately plays a decisive role.

A. economic law b natural law

C. Law of social development D. Class will and class interests

3. For the first time in China, important natural resources and environmental factors are stipulated as owned by the whole people, that is, by the state.

A. Provisional regulations on mining in People's Republic of China (PRC) B. Constitution of People's Republic of China (PRC)

C. Environmental Protection Law of People's Republic of China (PRC) D. Some provisions on protecting and improving the environment

4. The main ecological law that stipulates the basis of concentration control and total amount control in environmental law is ()

A. law of "load quota" B. law of "energy flow and material recovery"

C. Law of Mutual Length and Mutual Resistance D. Law of Coordination and Stability

5. From 1960s to 1970s, () was adopted in environmental management in many countries.

A. Measures of "Pollution before Treatment" B. Passive policy of simple treatment

C. Comprehensive prevention and control policies D. Formulating the overall strategy of development and environment

6. "We demand that everyone's inviolable environmental rights, such as health and welfare, and the right that the legacy left by contemporary people to future generations should be natural resources rich in natural beauty, be determined in the legal system as a basic human right." The document that put forward this sentence is ()

A. Declaration of the United Nations Conference on the Human Environment B. Tokyo Declaration

C. Rio de Janeiro Declaration D. Beijing Declaration

7. The Urban Planning Law stipulates that the overall planning of municipalities directly under the central government, cities where the provincial government is located, cities with a population of more than100000, and other cities determined by the State Council shall be made by ().

A. examination and approval by the people's governments of provinces and autonomous regions B. filing in the State Council.

C. After being examined and approved by the provinces and autonomous regions, it shall be reported to the State Council for examination and approval. D. Report to the State Council for approval.

8. The Regulation on the Collection and Use of Sewage Charges, which came into effect on July 1 2003, stipulates that the time limit for polluters to pay sewage charges in designated commercial banks is () from the date of receiving the notice of payment of sewage charges.

A. Within 7 days B. 10 days

C. 15 days D.20 days

9. The water resource fee belongs to ()

A. Development use fee B. Compensation fee

C.d. punitive expenses

10. The basis for judging whether the polluter should bear civil liability is ()

A.b. environmental quality standards

C. Pollutant discharge standards D. Environmental benchmarks

Ll。 China's "Environmental Protection Law" stipulates that the time limit for bringing a lawsuit for compensation for environmental pollution damage is ()

A. 1 year B.2 years

C.3 years D.20 years

12. On April 29th, 2000, the 15th meeting of the Standing Committee of the Ninth NPC passed the Law on the Prevention and Control of Air Pollution in People's Republic of China (PRC), which stipulated that the emission concentration of pollutants should not exceed ().

A. National emission standards B. Local emission standards

C. Industrial emission standards D. National and local emission standards

L3。 The Law of the People's Republic of China on the Protection of Marine Environment, which came into effect on April 1 2000, stipulates that the state shall establish and implement it.

( )

A. Total pollutant discharge control system B. Total pollutant discharge control system in sea area

C. Total discharge control system in key sea areas D. Concentration control system

14. The Water Pollution Prevention Law stipulates that cross-administrative water pollution disputes, ()

A. it shall be settled by the relevant local people's governments through consultation.

B. it shall be settled by the people's government at a higher level through consultation.

C. it shall be settled through consultation by the state environmental protection administration.

D. The local people's governments concerned shall solve the problem through consultation, or through the coordination of their common people's governments at higher levels.

15. The Law on the Prevention and Control of Environmental Noise Pollution stipulates that in urban areas, if mechanical equipment is used in the construction process, environmental noise pollution may occur, the legal time limit for the construction unit to declare the project name, construction site and time limit, possible environmental noise value and environmental noise pollution prevention measures taken by local people's governments at or above the county level is ().

A. it must be 7 days before the project starts. B it must be 10 days before the project starts.

C it must be 15 days before the project starts. D. it must be 20 days before the project starts.

1 6.The Law of People's Republic of China (PRC) on the Prevention and Control of Environmental Pollution by Solid Wastes, which came into effect on April12005, stipulates that importers may () if they are not satisfied with the customs' inclusion of their imported goods in the scope of solid waste management.

A. Apply for administrative reconsideration according to law

B. Bring an administrative lawsuit to the people's court

Apply for administrative reconsideration according to law, or bring an administrative lawsuit to the people's court.

D. Apply for administrative mediation according to law

17. Those that do not meet the quality standards of pesticide products belong to ()

A. Fake pesticides B. Abandoned pesticides

C. Inferior pesticides D. Prohibited pesticides

18. One of the objects of legislative control on radioactive material management is ().

A. Artificial radioactive sources and their substances B. Natural radioactive sources

C. Radioactive substances D. Radiation

19. In accordance with the provisions of the Land Management Law, the non-agricultural construction that has gone through the examination and approval procedures has occupied cultivated land for more than one year and has not started construction. ()

A. the idle fee should be paid. B. the government at or above the county level will recover it free of charge.

C. it should be handed over to the original rural collective organization to resume farming. D. it should be fined.

20. The Water Law of People's Republic of China (PRC), which came into effect on October/October/October/October/October, 2002, stipulates that units and individuals who directly take water resources from rivers, lakes or underground shall apply to the water administrative department or the river basin management institution for water intake permit, pay the water resources fee and obtain ().

A. Water right B. Water resources

C. Right to trade water D. Right to use water

2 1. The Forest Law stipulates that the exploration and exploitation of mineral deposits and various construction projects shall not occupy or occupy less forest land; Need to occupy and requisition forest land, with the approval of the competent forestry department of the people's government at or above the county level, go through the formalities for examination and approval of construction land in accordance with land management laws and administrative regulations, and the land-using unit shall pay () in accordance with the relevant provisions of the State Council.

A. forest ecological benefit compensation fund

C. Afforestation fee D. Forest vegetation restoration fee

22. The Fisheries Law stipulates that the department that can collect the value-added protection fee of fishery resources from the beneficiary units and individuals is ().

A. people's governments at or above the county level B. fishery administrative departments of people's governments at or above the county level

C. Provincial People's Government D. Provincial environmental protection administrative department

23. The organ listed in the national key protected wildlife list is ().

A. the State Council wildlife administrative department

B. People's governments of all provinces, autonomous regions and municipalities directly under the Central Government

C. the State Council

D. wildlife administrative departments of the people's governments of all provinces, autonomous regions and municipalities directly under the central government. In the nature reserve, the area where only scientific research and observation activities are allowed and the area where tourism, production and business activities are prohibited is ().

A. Experimental area B. Core area

C. Ecological zone D. Buffer zone

Second, multiple-choice questions (this big question has 8 small questions, 2 points for each small question, a total of 16 points)

At least two of the five options listed in each question meet the requirements of the topic. Please fill in the code in the brackets after the title. Wrong selection, multiple selection, less selection or no selection do not score.

25. "People's Republic of China (PRC) Cleaner Production Promotion Law" stipulates that enterprises should take clean measures in the process of technological transformation.

Cleaner production measures are ()

A. Use non-toxic, harmless or low-toxic, low-harm raw materials to replace those with high toxicity and serious harm.

B. Use processes and equipment with high resource utilization rate and less pollutant production to replace those with low resource utilization rate and less pollutant production.

High-yield technology and equipment

Comprehensive utilization or recovery of waste, waste water and waste heat generated in the production process.

D adopt pollutant discharge standards and total pollutant discharge control indicators that meet national or local regulations.

Pollution prevention and control technology based on

E. Conduct environmental impact assessment

26. The Law of the People's Republic of China on Environmental Impact Assessment stipulates that the organ preparing the special plan shall hold a demonstration meeting, a hearing or take other forms before the draft plan is submitted for examination and approval, and the object of soliciting opinions is ().

A. Relevant units B. Experts

C. Public D. Government agencies

E. non-governmental environmental organizations

27. The Water Pollution Prevention Law stipulates that it is forbidden to discharge or dump () into water bodies.

A.b. industrial waste residue

C. Municipal garbage D. Hot wastewater

E. radioactive solid waste

28. The Law on the Prevention and Control of Environmental Pollution by Solid Wastes stipulates that those who pollute the environment by solid wastes shall be liable according to law.

Principle of responsibility. The main body responsible for pollution prevention and control according to law includes ()

A. Consumers B. Product producers

C. Seller D. Importer

E. users

29. The basic principle established by China's water resources protection law is ()

A. Principle of national ownership of water resources B. Principle of water intake permit

C. Principle of comprehensive planning D. Principle of comprehensive utilization

E. water-saving principle

On February 28th, 2002, the 3rd1meeting of the 65438+9th NPC Standing Committee revised the China.

The Grassland Law of People's Republic of China (PRC) stipulates that the planning of grassland protection, construction and utilization should be based on the national economic and social development planning and follow the following principles: ()

Improve the ecological environment, maintain biodiversity and promote the sustainable utilization of grassland.

B. Based on the existing grassland, adjust measures to local conditions, make overall planning and give classified guidance.

C. Give priority to protection, strengthen construction, improve in batches and make rational use.

D. Wind prevention and sand fixation

E. Combination of ecological benefits, economic benefits and social benefits

3 1. The principles of sustainable development include ()

A. Relations between present and future generations B. Relations between countries

C. the relationship between the present generation and the previous generation

E. Relationship between development and environment

32. Global multilateral treaties often adopt the model of ().

A. Declaration B. Protocol

C. Annex D. Framework Treaty

E. solve

Three, short answer questions (this big question has four small questions, each small question 5 points, a total of 20 points)

33. Briefly describe the basic requirements of sustainable development and its guiding significance for legislation.

34. Briefly describe the constitutive elements of the crime of destroying environmental resources.

35. Briefly describe the legal measures for the protection and management of nature reserves.

36. Briefly describe the contents of international environmental cooperation.

Fourth, the essay question (this big question is 2 small questions, each small question is 10, with a total of 20 points)

37. Try to describe the "three-oriented" principle of solid waste prevention and control.

38. Please describe the contents of prevention and control of environmental pollution by hazardous waste.

Verb (abbreviation of verb) case analysis problem (2 small questions in this big question, each small question scores 10, with a total of 20 points)

39. The aluminum factory located at the junction of A and B provinces is 5 to 25 kilometers away from the three towns of B, C and D in H county of B province. 1994 a factory was completed and put into operation, with an annual output of 60,000 tons of electrolytic aluminum. In the production process, factories emit a lot of fluorine-containing dust. Because the factory has no equipment to recover fluorine-containing dust, the hydrogen fluoride dust falls on 350 square kilometers of land in Fiona Fang, B, C and D townships, causing serious pollution to 6,543,800 mu of cultivated land and 223,000 mu of grassland in the three townships. According to the monitoring survey, the fluorine content in the air in the three towns exceeded the national standard 1.6 ~ 3.2 times, and the fluorine content in the soil was lower than the control point < 39. The aluminum factory located at the junction of A and B provinces is 5 to 25 kilometers away from the three towns of B, C and D in H county of B province. 1994 a factory was completed and put into operation, with an annual output of 60,000 tons of electrolytic aluminum. In the production process, factories emit a lot of fluorine-containing dust. Because the factory has no equipment to recover fluorine-containing dust, the hydrogen fluoride dust falls on 350 square kilometers of land in Fiona Fang, B, C and D townships, causing serious pollution to 6,543,800 mu of cultivated land and 223,000 mu of grassland in the three townships. According to the monitoring survey, the fluorine content in the air in Sanxiang exceeded the standard by 65438 0.6 ~ 3.2 times, the fluorine content in the soil was 63~76.3 mg/kg higher than that in the control point, and the fluorine content in grain and pasture exceeded the standard by 4~7 times. Serious fluorine pollution has caused the overall deterioration of ecological environment and the sharp decline of population quality in three rural areas, such as B, C and D. The incidence of mottled enamel teeth among children in three towns and villages is as high as 87.3%. Of the 30,440 people surveyed, 7,529 suffered from fluorosis, and many young and middle-aged farmers lost their ability to work.

Serious pollution hazards have attracted the attention of the national environmental protection department. The State Environmental Protection Bureau has coordinated with the environmental protection bureaus of B and A provinces for many times, but failed for various reasons. In order to eliminate pollution, the people's government of H County filed a lawsuit with the Intermediate People's Court of X City. 1at the end of 997, the people's government of h county refused to accept the judgment of the intermediate people's court of x city and appealed to the higher people's court of a province. The Higher People's Court of a province made a final judgment on April 1998, and an aluminum factory compensated H County for 940,000 yuan. On April 1 1, the factory paid the compensation.

Question: (1) Based on this case, analyze the solutions to the disputes over environmental pollution and environmental damage across administrative regions (especially across provincial administrative regions).

(2) Please point out what is the main legal basis for the final judgment of the court in this case?

40. At 3 o'clock in the morning of May 1 1 2000, a foreign vessel "Li Hai" collided with the vessel "Qianjin Spring" belonging to a provincial shipping company in China and sank in the economic fish protection zone designated by China. More than 200 tons of crude oil leaked out, which polluted the fishing ground and the nearby coast in a large area, and at the same time, the toxic and harmful chemicals carried on board also polluted the sea area. After the accident, the harbour superintendency department of B city made three decisions: salvaging the sunken ship "Li Hai", removing the pollution source and compensating the fishermen's association of B city for pollution losses. The owner of the "Li Hai" refused to accept it and filed a lawsuit in court, challenging the amount of pollution compensation. Fishermen's Association of City B brought a lawsuit to the local maritime court on June 365438+1October 3 1 2002, demanding that the defendant compensate the plaintiff for the losses caused by the sunken ship polluting the fishing ground, and be responsible for cleaning up the pollution sources and removing the obstacles of the sunken ship.

Question: (1) Please point out which China subjects in this case have the right to claim compensation for oil pollution damage from foreign ships? What are its main requirements?

(2) What are the legal provisions of China's Marine Environmental Protection Law on compensation for marine oil pollution damage?