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Legal solution of self-study education
Law is the development of productive forces to a certain stage, accompanied by the emergence of private ownership of means of production, class and country. The first decisive factor in the emergence of law is the emergence of commodity exchange and private ownership; The second decisive factor is the emergence of slavery. 2. Briefly describe the general regularity of law. A: Law and state come into being at the same time. From custom to customary law, and then from customary law to written law. Constantly rising from individual adjustment to general adjustment. From the unity of rights and obligations to the strict distinction between rights and obligations, from the integration of law and religion and morality to the relative independence of law. 3. How to understand the nature of law? A: The essence of law should be understood from two levels. The most profound essence of law is its class nature. In other words, law is the expression of the will of the ruling class, which is fundamentally opposite to the will of the ruled class; As a special code of conduct, law has its inherent stipulation, that is, it contains various characteristics different from other social phenomena. This also belongs to the category of legal essence, but it belongs to its class nature and is the essence of the second level. Only by linking the essence of these two levels can we fully understand the concept of law. 4. List the types of legal sources. A: written law; Case law; Customary law: citation method; Religious law; International practices and international treaties. According to different standards, what kinds of laws can be divided into? A: Statutory law and unwritten law. Basic law and common law. Substantive law and procedural law. General law and special law. International law and domestic law. Public law and private law. Chapter II Nature and Function of Socialist Law. The creation of laws, also known as the formulation or legislation of laws, refers to the special activities of certain state organs to formulate, amend and abolish laws and other normative documents according to the will of the ruling class and relying on legal authority and procedures. 2, the guiding ideology of the socialist legal system, guided by Marxism Leninism, Mao Zedong Thought and Deng Xiaoping Theory, adhere to the basic line of one center and two basic points. 3. Basic principles for establishing socialist laws: First, seeking truth from facts and proceeding from reality. Combine legislation with the masses. Combine principle with flexibility. D. combine stability and continuity, e. combine summing up experience, scientific foresight and learning from foreign experience. 4. The procedure of law creation, the proposal of legal bills, the deliberation of draft laws, the voting of draft laws and the publication of laws. 5. Legal norms: rules of conduct formulated or recognized by the state that reflect the will of the ruling class are universally binding and are guaranteed to be implemented by the state's coercive force. 6. The essence of socialist law is the embodiment of the will of the working class and the broad masses of the people. B The will reflected is not spontaneous, but formed under the leadership of China. The will norm embodied in Law C is determined by China's socialist economic structure and class structure. 7, the characteristics of socialist law, the unity of class and people. The unity of science and fairness. The unity of national compulsion and conscious law-abiding. 8. The origin of China's socialist law, A Constitution B Law C is subordinate to the normative documents of the Constitution and laws, including: the State Council administrative regulations and other normative documents, local regulations, autonomous regulations, laws of special administrative regions, international treaties, military regulations and laws of special economic zones. 9. Systematic forms of normative legal documents, legal compilation and legal compilation. 10, policy is a code of conduct stipulated by political organizations of all classes in a certain period of time to complete historical tasks. 1 1, the relationship between socialist law and * * * policy, the guiding role of a*** policy to socialist law, and the restrictive role of b socialist law to * * * policy. 12, the difference between the socialist law and the * * * policy, a the organization and will embodied by the socialist law party are different, which are formulated or recognized by the state, formulated by the party organizations with the will of the state, implemented in different ways without the will of the state, guaranteed by the state coercive force and implemented by the party's discipline. There are different forms of expression, such as constitution, laws, regulations and other normative documents, such as decisions, resolutions, programs, declarations, notices, minutes, etc. The scope of adjustment has different provisions on rights and obligations, which are more specific than policies. The policy is relatively general, the scope of policy adjustment is larger than that of law, the degree of stability is different, the policy is more flexible and changes rapidly, the role of law, a normative role, a guiding role, an evaluation role, a predictive role, a compulsory role, a social role, a maintenance of the ruling class, and the implementation of social affairs Chapter III Socialist Legal System 1, Socialist Legal System: The laws and systems formulated by socialist countries in accordance with the will of the working class and the broad masses of the people. It is the unity of legislation, law enforcement, law-abiding and law enforcement supervision, and the central link is to act according to law. All state organs and their staff, social organizations and all citizens must strictly abide by the law in order to establish and maintain the democratic status of the working class and the broad masses of the people and the legal order necessary for socialist construction. 2, the basic requirements of the socialist legal system, there are laws to follow, laws must be followed, law enforcement must be strict, violators are prosecuted. 3. The essence of socialist democracy is the national system in which the people are the masters of the country. Including political democracy, economic democracy, cultural democracy and social democracy. 4. Socialist democracy: People's democracy is a national system in which all people truly enjoy all civil rights and the right to manage state and social affairs. 5, the relationship between socialist democracy and socialist legal system, socialist democracy is the premise and foundation of socialist legal system. The socialist legal system is the confirmation and guarantee of socialist democracy. 6. There are two ways to implement the law, namely, the application of Law A, the observance of Law B, the basic principles of law application, and the principle that A is based on facts and takes law as the criterion. B. the principle of equality before the law. The principle that judicial organs independently exercise their functions and powers according to law. Adhere to the principle of the mass line. 8, the effectiveness of the law, a time effectiveness b space effectiveness c to people. 9. Legal interpretation, formal interpretation, legislative interpretation, judicial interpretation, administrative interpretation, provincial people's congress interpretation and informal interpretation 10, elements that constitute illegality A, violation of law B, violation of law C, intentional or negligent behavior D, and the behavior must be a person with legal responsibility. 1, the meaning of the rule of law, A as the strategy of governing the country, B as the dynamic concept, is the legal order to be achieved in handling affairs according to law. The value of the rule of law is concrete. 2. The difference between the rule of law and the rule of law. A legal system is a concept relative to political system, economic system and cultural system, while the rule of law is a concept relative to the rule of man. As the general plan and principle of governing the country according to law, the rule of law requires political democracy and the law-abiding of the whole people. B the legal system accompanies the country, and the country has the legal system. The rule of law is accompanied by democratic politics. A country with the rule of law does not necessarily have the rule of law. C. the legal system is far from the rule of law. The rule of law generally means that there are laws to follow, laws to be followed, law enforcement to be strict, and violators to be prosecuted. The rule of law requires not only laws but also good laws. 3. A country ruled by law refers to a country that restricts state power and regulates the behavior of social subjects by relying on laws that rationally distribute rights, obligations and responsibilities from the interests of the people, thus forming a good and stable legal order. 4. The scientific meaning of governing the country according to law: that is, under the leadership of the Party, the broad masses of people manage state affairs, economic and cultural undertakings and social affairs through various channels and forms in accordance with the Constitution and laws, ensure that all state work is carried out in accordance with the law, and gradually realize the institutionalization and legalization of socialist democracy, so that this system and law will not change because of the changes in * * * *, and will not change because of the changes in views and concerns of * * * *. 1, why is socialist democracy the premise and foundation of socialist legal system? A: Compared with the socialist legal system, socialist democracy is the first and decisive. Judging from the emergence of the socialist legal system, the socialist legal system came into being with the emergence of socialist democracy. Judging from the nature and content of the socialist legal system, the nature of the socialist legal system depends on the nature of socialist democracy. What kind of democracy there is, what kind of legal system there is. From the sound and development direction of the socialist legal system, we can't leave socialist democracy. Only by fully developing democracy can we formulate laws that reflect the will of the broad masses of the people, and they can also be used by the people, but the people do not consciously abide by them. The greater the scope of democracy, the richer the content and the more perfect the legal system. The degree of development depends entirely on the state of democratic development. 2. Why is the socialist legal system the confirmation and guarantee of socialist democracy? A: The socialist legal system regards democracy as the victory of the people's struggle, and records and fixes it systematically, clearly and concretely to confirm democracy. Through its own guiding role, the socialist legal system points out to state organs, public officials and citizens what meets the requirements of democracy and what violates the requirements of democracy, thus ensuring the correct and smooth realization of democracy. The socialist legal system protects people's democratic rights by punishing all kinds of illegal and criminal acts, thus safeguarding democracy.

Where are the examination questions and answers of the self-study exam of Introduction to Law in 2007? In April 2007, the National Self-taught Examination of Introduction to Higher Education Law.

Course code: 00040

1. Multiple-choice questions (30 small questions in this big question, each small question 1 point, a total of 30 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 length is generally believed that the old China law belongs to

A.b. General legal system

C.d. civil law system

2. The essence of law is

A. the unity of class and sociality

C. the unity of class and science D. the unity of class and reason

3. If there is any conflict between local regulations and departmental rules, the law shall prevail.

A. Ruled by the NPC Standing Committee

B the difference is determined by the NPC Standing Committee or the State Council respectively.

C. Ruled by the State Council

D. Awards jointly awarded by the National People's Congress Standing Committee (NPCSC) and the State Council

4. What is the earliest country in the world that produced a constitution?

A. Britain B. America

C. France d Germany

5. Among the following items, those that do not belong to the basic rights of citizens stipulated in the Constitution of our country are

A. Freedom of association B. Freedom of demonstration

C. Freedom of belief D. Freedom of movement

6 of the county, autonomous county, city construction in accordance with the law to exercise the power of examination and approval of state organs are

A. National People's Congress

B.NPC Standing Committee

C. the State Council

D. People's congresses of provinces, autonomous regions and municipalities directly under the Central Government

7. According to the Interim Provisions on the Procedures for Formulating Administrative Regulations issued by the General Office of the State Council 1987, a certain aspect of administrative work is comprehensively and systematically stipulated. It is said that,

A. Resolution B. Regulations

C. Specify D. Method

8. Among the following ways to obtain property ownership, the way to obtain it from time to time is

A.b. Production and expanded reproduction

C.d. proceeds and seizure

9. Legal persons can only conduct legal acts through their own representative offices, which are legal persons.

A. Representative B. Legal representative

C. Representative D. Legal representative

10. The difference between the legal records of bills of exchange and checks is that

A. Unconditional payment entrustment B. Name of payer

C. Name of payee D. Signature of drawer

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A. a fine of more than 50% 1 times; b. a fine of more than 50% and less than 2 times.

C. A fine of more than 50% and less than 3 times; D. A fine of more than 50% and less than 5 times.

12. The number of criminal groups must be

A. More than 2 people and more than B people

C. more than 4 people and more than 5 people.

13. Among them, the cases that can be directly accepted by the people's courts are

A.b. Cases of corruption and bribery

C.d. Cases endangering national security

14. After the civil procedure of this lawsuit started, the defendant took the plaintiff of this lawsuit as the defendant and filed an independent lawsuit with the people's court to protect his civil rights and interests, which was related to the subject matter and reasons of this lawsuit.

A. Payment Action B. Change Action

C.d. affirmative action

15. In today's international society, the basic theme of international law is

A. Region B. Countries

C.d. people fighting for independence

L6。 According to the provisions of the Administrative Procedure Law, the court of first instance that files a lawsuit against the specific administrative act of the provincial people's government is the court with jurisdiction.

A.b. Intermediate People's Court

C.D. the Supreme People's Court

17. The realization of legal evasion is that the parties intentionally or intentionally change.

A. Connection point B. Applicable law

C. Conflict of laws D. Genus

18. "Governing the country according to law and building a socialist country ruled by law" is written into the Constitution.

A. 1988 constitutional amendment B. 1993 constitutional amendment

C. 1999 constitutional amendment D.2004 constitutional amendment

19. the constitution that confirms march of the volunteers as our national anthem is

A. 1954 Constitution B. 1975 Constitution

C. 1978 Constitution D. 1982 Constitution

20. The Administrative Punishment Law of the People's Republic of China stipulates that, unless otherwise provided by law, if the illegal act has not been discovered for a long time, no administrative punishment will be imposed.

A. six months b one year

C. Two years D. Four years

2 1. Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted in accordance with the provisions of the Patent Law of China.

A. The first inventor B. The first applicant

C. The first applicant D. The first announced person

22. According to relevant judicial interpretations, the following claims belong to bankruptcy claims.

A. Bank loans owed by bankrupt enterprises

B. Fines imposed by administrative and judicial organs on bankrupt enterprises

C. Interest on debt after bankruptcy declaration

D. costs of creditors participating in insolvency proceedings

23. The victim suffered personal or property damage due to product defects.

A. you can only claim from the person in charge of the product.

B.you can only claim compensation from the manufacturer of the product.

C. you can only claim compensation from the seller of the product.

D. you can claim compensation from the producer or seller of the product.

24. The probation period of criminal detention is limited to

A The original term of imprisonment is not less than 9 months, but not less than 1 month.

B The original term of imprisonment is more than 12 months but not less than 2 months.

C the original sentence is more than 18 months but not less than 6 months.

D not less than 24 months but not less than 9 months from the original sentence.

25. "The struggle of isolated individuals against the ruling relationship, like France, is not random. On the contrary, both the crime and the existing rules arise from the same conditions. " The above conclusions about the nature of crime come from Marx and Engels.

A. Criticism of Hegel's Philosophy B. German Ideology

C. declaration on dialectics of nature

26 cases retried by the people's court at a higher level in accordance with the procedure of trial supervision.

A. Appeal B. Second instance

C. arraignment D. retrial

27. In the execution procedure of civil litigation, if both parties or one party is a citizen, the time limit for applying for execution is

A. 1 month B. March

C.6 months d. 1 year

28. The unique types of evidence that distinguish administrative litigation from civil litigation are

A. Field record B. Appraisal conclusion

C. Inspection records D. Audio-visual materials

29. One of the criteria for granting original nationality is the nationality of parents, that is, descent. So, what is the nationality of either parent?

A. Monolineal descent

C. Unilateral descent D. Bilateral descent

30. China's Civil Procedure Law stipulates that the time limit for the defendant or appellee who has no domicile in China to file a reply and the time limit for the parties to appeal against the judgment of first instance is after receiving the complaint or appeal or judgment.

Within A. 10 and B. 15 days.

C. Within 20 days D. Within 30 days

Second, multiple choice questions

Of the five options listed in each question, two to five 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.

3 1. The basic principles of the administrative licensing law include

A. Principle of legality B. Principle of rationality

C. Principle of efficiency D. Principle of convenience

E. Principle of responsibility

32. The Law on the Protection of Consumers' Rights and Interests stipulates that when there is a consumer rights dispute between consumers and business operators, the ways to seek solutions include

A. negotiate with the operator to solve the problem

B. Request mediation from consumers' associations

C. Complain to the relevant administrative department

D. Submit it to an arbitration institution for arbitration according to the arbitration agreement reached with the operator.

E. Bring a lawsuit to the people's court

33. The ordinary procedure of first instance in civil proceedings includes

A.b. court investigation

C. Court arguments D. The defendant's final statement

E. Announcement of judgment

34. The obligations of persons enjoying diplomatic privileges and immunities to the host country include

A. Respect the laws of the host country

B. non-interference in the internal affairs of the host country

C. not abusing diplomatic privileges

D. not engaging in professional or commercial activities with private interests in the host country.

E. Not abusing immunity

35. The following options have the dual nature of rights and obligations:

A. Elections B. Labour

C. Education D. Military service

Third, the noun explanation questions

arrest

37. People's Congress system

38.recognition

39. Emergency hedging

40. Air hijacking

Fourth, short answer questions

4 1. Briefly describe the elements of tax law.

42. Briefly describe the functions and powers of the National People's Congress.

43. Briefly describe the circumstances in which one party to the contract may request to terminate the contract.

Verb (abbreviation of verb) On the Problems of Literature

44. Try to explain the basic principles of China's socialist legislation.

VI. Case analysis questions (this topic is entitled 2 small questions, with 8 points for each small question, totaling 16 points).

45. Liu is a temporary worker in an electronic tube factory in a city, and Li is the warehouse keeper of the factory. Liu owed others gambling debts because he participated in gambling, so he had the idea of stealing copper coils from our factory and selling them to pay off the debts. One night 1 1: 30, Liu rode a tricycle to the warehouse of our factory, woke up Li who was sleeping, told him to open the warehouse and threatened Li. If you don't listen, go to the public security organ to report that he has opened a video hall to play yellow videos. Li had no choice but to open the lock of the warehouse, and Liu stole more than 200 pieces of copper coils, worth more than 4,000 yuan. After the incident.

Q: What role did Li play in this case? Why?

How to punish Li?

46.a lost her mother at an early age and was raised by her father. After his father remarried. The relationship between A and stepmother B is not harmonious, which causes the tension between father and son, and then the contradiction intensifies. A and his father announced their separation from each other. A few years later, father A died, leaving a suicide note on his deathbed, demanding that the inheritance be divided equally among sons C born to A, B and B. However, during the execution of the will, Party B prevented the distribution of one-third of the inheritance to Party A, claiming that Party A had separated from his father and had no right to inherit his father's inheritance, and took it as his own. A then brought a lawsuit to the people's court.

Question: Is the father's will valid? Why?

What should I do with my father's inheritance?

Introduction to law questions-previous introduction to law questions can be searched in Baidu.

Did you not practice the self-taught textbook "Introduction to Communication" 20 13? Introduction to Communication, a self-taught textbook, 20 13. I learned it in 2009 and it has been a long time. I suggest you consult the teachers and sisters who are studying at school. They should be more knowledgeable.

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