The first major question is multiple choice, the second major question is multiple choice, and there may be indefinite multiple choice. Finally, the case analysis questions. The contents of the examination are mainly civil law, criminal law, economic law and procedural law. It's not difficult, but it's not easy to get high marks. Deng Xiaoping's legal theory and the rule of law (including the answer) 1. True or false 1. Deng Xiaoping Theory is guiding the people of China to realize the society successfully in the reform and opening up. √2. Comrade Deng Xiaoping repeatedly emphasized that "the rule of law is our goal". Our democracy is a people's democratic system under the leadership of the people's congress. 4. Socialist democracy and legal system construction must adhere to the four cardinal principles. The main contradiction in our society is the contradiction between the proletariat and the bourgeoisie. 6. In the primary stage of socialism, we should give priority to the development of productive forces. √7. It is a milestone in the modernization of the political field that democracy and the legal system replace individual arbitrary administration. 8.CPPCC is the national legislature. 9. Deng Xiaoping put forward the strategy of combining central legislation with local legislation. √ 10. In order to safeguard the dignity of the Constitution and laws, everyone is equal before the law. √ 1 1. Legislation should focus on laws regulating political activities. 12. The ultimate success of the reform depends on the reform of the economic system. ╳ 13. Supervision is the key to curb corruption. √ 14. Adhering to the rule of law is not an expedient measure, but an inevitable choice for building Socialism with Chinese characteristics. √ 15. Governing the country according to law, as the basic strategy of the country, appeared with the rise of agricultural civilization. ╳ 16. The most basic value principle of socialist rule of law is development. ╳ 17. Law is an organism with internal relations and coordination. ╳ 18. The biggest reality in China is to develop productive forces. ╳ 19. The Constitution stipulates the fundamental system and tasks of the state. √20. It is the Central Committee that has the legislative power in China. ╳2 1. Supporting laws mean that after a law is promulgated, one or more related laws need to be promulgated before it can be implemented. √22. Detailed rules for implementation refer to the administrative regulations and local regulations made in detail by the state administrative organs and local power organs within their respective functions and powers for the convenience of implementation and specific operation after the promulgation of the law. √23. The biggest legal source in China is the law. ╳24. The first factor to be considered in establishing a socialist legal system with Chinese characteristics is the unity of legislative power. 25. To embody and guarantee people's democracy, we must establish the authority of the law. √26. The Party's policy is the cornerstone of social stability and the regulator of social contradictions. 27. The characteristics of the rule of law are rooted in the general principles of democratic politics. √28. The core part of the rule of law requires the supervision and restriction of state power itself. 29. Procedural justice refers to the correct handling of cases by the court in a specific order, manner and procedure prescribed by law. √30. The market economy is an autonomous economy, that is, it recognizes and respects the will autonomy of market participants. √3 1. Market economy requires a unified and open domestic market and market internationalization. √32. The rule of law is the foundation and essence of the rule of law. 33. To reform the party's leadership system means to adhere to the unity of party leadership and legal work. √34. Spiritual civilization is divided into ideological and moral aspects and educational, scientific and cultural aspects. √35. Spiritual civilization refers to the achievements of civilization in the process of spiritual activities to meet people's spiritual needs. √36. The only requirement of the socialist legal system is to punish those who violate the law. Second, multiple-choice questions 1. The essential and inevitable requirement of socialism is (a). A. democracy and legal system B. dictatorship of the proletariat C. leadership of China D. political consultation system 2. Developing democratic politics and improving (c) are directly related to the historical destiny and future of socialism in China. A. Policy B. Habit C. Legal system D. Ethics 3. The fundamental starting point of the socialist legal system is to confirm and guarantee (c) the leadership of China * * * Party B. Citizens' obligations C. People's democratic rights D. Reform and opening up 4. The core of the requirements of the socialist legal system is (d). A. Making laws B. Fair trial C. Strengthening the role of arbitration D. Strictly abiding by laws 5. Strengthening the legal system focuses on (c). A. Sanctions B. Saving C. Education D. Reform 6. Deepen the reform of government institutions, with (1) as the breakthrough. A. Streamline the organization B. Pay a high salary to maintain honesty C. Strengthen supervision D. Pay attention to service 7. A remarkable feature of the market economy is that its economic order is formed and maintained through (b). A. Rule of law B. Rule of law C. Democracy D. Morality 8. Only under the condition of (c) will the social demand for the rule of law arise. A. Commodity economy B. Natural economy C. Market economy D. Planned economy 9. In a country ruled by law, in order to realize its social function, the law must first form an independent and reasonable (B). A. main body design B. operation mechanism C. social security D. macro-control 10. The organ that makes military laws and regulations is (C). A. National People's Congress B. the State Council C. Central Military Commission D. Ministry of National Defense 1 1. To establish the authority of the law, we must first establish (1) authority. A. Constitution B. Law C. Administrative regulations D. Departmental regulations 12. The function of the rule of law lies in (d). A. consolidate the ruling foundation B. develop the national economy C. build spiritual civilization D. 13. Protect citizens' freedom. The power of our country belongs to (b). A. citizen B. people C. president D. people's congress 14. The legal prototype of the market is (b). A. title certificate B. contract C. infringement D. parental right 15. The lifeblood of market economy is (D). A. political unification B. market unification C. improvement of public security D. competition 16. The leading core of China's socialist cause is (a) China * * * Production Party B. Political Consultative Conference C. People's Congress D. People 17. The core of socialist rule of law is (b). A. socialist legal system B. socialist democracy C. people's democratic dictatorship D. dictatorship of the proletariat 18. The guiding role of the Party's policies is mainly reflected in (c) A. abiding by the law B. enforcing the law C. legislating D. legal supervision 19. The socialist system is a unity composed of ABCD and other aspects. A economy b politics c law d culture 20. The 13th National Congress of the Communist Party of China proposed that socialism should have (ABC) a. a high degree of democracy b. a complete legal system c. a stable social environment d. a growing economy 2 1. The essence of socialism is: (ABCD) A. Liberating productive forces B. Developing productive forces C. Eliminating exploitation and polarization. A. Economic quality B. Moral quality C. Political quality D. Legal professional quality 23. According to the operation form of state power, the state can be divided into (AB). A. People rule the country B. Countries ruled by law C. Democratic countries D. Dictatorship 24. Autonomous laws and regulations are divided into (CD). A law b administrative regulations c autonomous regulations d separate regulations 25. Judicial justice includes (AB). A. Substantive justice B. Procedural justice C. Evidence justice D. Legislative justice 26. The grass-roots mass self-government organization in China is (BD). A citizens committee b residents committee c villagers committee d villagers committee 27. The role of law in maintaining market economy is embodied in (AB). A. interest guarantee B. order guarantee C. obligation guarantee D. social security 28. The goal of building a socialist culture with China characteristics is to cultivate (ABCD) citizens. A. ideal B. morality C. education D. discipline 29 China's dominant moral division (CD). A. bourgeois morality B. landlord morality C. socialist morality D.*** production morality 30. China should develop a scientific and popular socialist culture for the (ABC) nation. A. Modernization B. World C. Future D. Tradition 3 1. The difference between the law and the party's policy is: (ABCD). A. formulated organs and procedures B. ways and means of implementation C. forms of expression and basic requirements D. adjusting the scope of social relations and its role in people 32. Law is the party's policy. A. stereotype B. standardization C. culture D. dogmatism 33 Party policies can be divided into: (ABD). A. General policy B. Basic policy C. Sub-policy D. Specific policy 34. The leadership of the Party includes: (ABC). A. Political leadership B. Ideological leadership C. Organizational leadership D. Economic leadership 35. China adheres to the principle of ABCD when dealing with the relations between the production party and the democratic parties. A. Long-term * * * deposits B. Mutual supervision C. Honesty D. Honor and disgrace and ***36. The characteristics of legal authority include: (ABCD). A. Law is supreme B. Universal implementation C. Original D. High prestige 37. The factors to be considered in establishing a socialist legal system are: (ABCD) A. Clear hierarchy B. Complete system C. Reasonable structure D. Standardizing and coordinating the first part of China's criminal legal system 1. For those who endanger national security and intentionally kill, rape or set fire, tick √2. Confiscated property shall be paid in one lump sum or in installments within the time limit specified in the judgment; If it is not paid at the expiration of the period, it shall be paid in installments. 3. If a person sentenced to death with a suspended execution has not intentionally committed a crime during the two-year suspended execution and has rendered meritorious service, his sentence will be commuted to life imprisonment after the expiration of two years. Criminals sentenced to criminal detention may go home for one or two days every month during the execution period, and those who take part in labor shall be given appropriate remuneration. √5. For the commutation of a prisoner, the executing organ shall put forward a proposal for commutation to the intermediate court, and the people's court shall form a collegial panel for trial. 6. Suspended death sentence is one of the main punishments in China. ╳7. If a criminal who has been suspended does not commit a new crime within the probation period, it shall be deemed that the original sentence has been executed. 8. Probation is not applicable to crimes and recidivists that endanger national security. √9. If two or more people commit a crime negligently, the same crime shall be analogized. ╳ 10. The difference between accomplished crime and attempted crime lies in whether the behavior carried out by the perpetrator has the expected criminal result. ╳ 1 1. The ringleader must be the principal offender, but the principal offender is not necessarily the ringleader. √ 12. In state organs, state-owned companies, enterprises, collective enterprises and people's organizations, private property in management, use and transportation is regarded as public property. √ 13. The retroactivity of a crime is calculated from the date of the crime. If the crime has a continuous or continuous state, it shall be counted from the date of the end of the crime. √ 14. A person who voluntarily surrenders after committing a crime and truthfully confesses his crime is a voluntary surrender. Criminals who surrender themselves may be given a lighter or mitigated punishment, and those who commit minor crimes may be exempted from punishment. √ 15. A criminal sentenced to criminal detention shall be executed by the public security organ nearby. √ 16. If there is no crime within the probation period of parole, it shall be deemed that the original sentence has been executed. √ 17. Where the provisions of the criminal law cannot be fully applied in ethnic autonomous areas, the people's congresses of autonomous regions, autonomous prefectures, autonomous counties and other ethnic autonomous areas may formulate flexible or supplementary provisions according to the local ethnic political, economic and cultural characteristics and the basic principles of the criminal law. ╳ 18. China's current criminal law was revised by 1997. √ 19. Mitigation of punishment means that the judicial organ, according to the provisions of the Criminal Law, imposes a penalty below the statutory penalty. √20. Those who have rendered meritorious service by surrendering themselves after committing a crime shall be mitigated or exempted from punishment. √2 1. Criminal law is a law about crime and criminal responsibility. ╳22. Only when the criminal result occurs in our country can our criminal law be applied. 23. Personal jurisdiction of criminal law refers to crimes committed by foreigners against citizens of China countries or China in foreign countries, and China's criminal law has jurisdiction. √24. Criminal law protection jurisdiction means that China people commit crimes outside China, and China criminal law is applicable. ╳25. China criminal law adopts the old principle on the issue of retroactivity. ╳26. China's criminal law adopts the new principle of light retroactivity. ╳[NextPage]27. The criminal law of China adopts the principle of retroactivity. ╳28. Criminal illegality is the essential feature of crime. 29. Punishment is the essential feature of crime. 30. The object of a crime is a specific person and thing directly affected by a criminal act. ╳3 1. Harmful behavior, harmful result, criminal method, time and place are the constituent elements of all crimes. 32. The four elements of crime are subject, object, objective aspect and subjective aspect of crime. ╳33. The direct object of crime is the socialist social relationship between all crimes and violations. ╳34. The subject of crime only includes natural persons who should bear criminal responsibility according to law for the implementation of harmful acts, excluding units. ╳35. The criminal object is bound to be damaged in the crime. 36. The object of crime determines the nature of crime. ╳37. The ability of criminal responsibility is the ability to control one's own behavior necessary for the actor to constitute a crime and bear criminal responsibility. ╳38. The unit can be the subject of all crimes. 39. The similarity between direct intention and indirect intention foresees the inevitability of harmful results. √40. Self-defense cannot exceed the necessary limit, causing great damage. √4 1. Emergency avoidance should not exceed the necessary limit, causing great damage. ╳42. A person who has reached the age of 14 but under the age of 18 commits a crime may be given a lighter or mitigated punishment. √43. Control ability is the foundation and recognition ability is the key. √44. Full criminal responsibility age 18 years old. Intention is divided into negligence and overconfidence. ╳46. The attempted crime may occur before or after the crime. ╳47. The preparation for a crime can only happen after the beginning. ╳48. The preparatory offender shall be given a lighter, mitigated or exempted punishment. √49. Attempted crime can be given a lighter, mitigated or exempted punishment compared with accomplished crime. ╳50.*** The same crime includes intention and negligence. ╳5 1. The three principles of criminal law are the principle of a legally prescribed punishment for a specified crime, the principle of suiting the punishment to the crime, and the principle of not implicating others at their own risk. 52. People under the age of 65-438+08 at the time of trial are not sentenced to death. 53. The death penalty does not apply to women who are pregnant at the time of the crime. ╳54. The special identity of the criminal subject is the specific qualification status and state that affects the criminal responsibility of the perpetrator. There are special identity regulations for natural persons and units in criminal law. 55. Those who defend themselves excessively shall be given a lighter, mitigated or exempted punishment. √56. Those who avoid risks excessively in an emergency shall be given a lighter, mitigated or exempted punishment. √57. The form of criminal suspension exists in direct intentional crime and indirect intentional crime. ╳58. The form of crime cessation exists in both intentional crimes and negligent crimes. 59. An accessory shall be given a lighter, mitigated or exempted punishment according to the principal offender. √60. The coerced accomplice shall be mitigated or exempted from punishment. ╳6 1. The principal punishments include public surveillance, criminal detention, fixed-term imprisonment, life imprisonment, suspended death and death penalty. 62. Supplementary punishments include fines, deprivation of political rights and confiscation of property. √63. If a person is detained before the control judgment, one day of detention shall be reduced to one day of fixed-term imprisonment. ╳64. If a person is detained before the criminal detention judgment, one day of detention shall be reduced to two days of fixed-term imprisonment. √65. Control is a penalty method of depriving criminals of short-term freedom, taking them into custody nearby and carrying out labor reform. ╳66. The period of control is 1 month to 6 months, and the combined punishment for several crimes cannot exceed 1 year. ╳67. The term of criminal detention is more than 3 months but less than 2 years, and the combined punishment for several crimes cannot exceed 3 years. 68. Supplementary punishment can only be applied independently. 69. In our country, the punishment of criminals is implemented by political and legal organs according to law. 70. The organs to which punishments are applicable include people's courts and people's procuratorates. ╳7 1. The applicable organs of punishment include public security organs, people's procuratorates and people's courts. 72. The organs to which criminal law applies only include people's procuratorates and people's courts. ╳73. A criminal sentenced to death with a two-year suspension of execution shall, during the two-year suspension, be approved and executed by the Supreme People's Court if it is verified. √74. During the period of being deprived of political rights, you are not entitled to hold positions in state-owned companies, enterprises, institutions and people's organizations. 75. Those sentenced to death or life imprisonment may be deprived of political rights for life. √76. If a person is sentenced to fixed-term imprisonment and deprived of political rights, the period of deprivation of political rights shall be counted from the date when the fixed-term imprisonment is completed or released on parole, and he shall enjoy some political rights during the execution of fixed-term imprisonment. 77. The objects of general probation include criminals sentenced to public surveillance, criminal detention and fixed-term imprisonment of not more than three years. 78. Parole targets include criminals sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment. 79. The executing organ shall submit a proposal for commutation to the intermediate people's court, and the people's court shall form a collegial panel for trial. √80. The actual sentence executed after commutation of life imprisonment shall not be less than 20 years. ╳8 1. A general recidivist is a criminal who has been sentenced to more than fixed-term imprisonment and committed more than fixed-term imprisonment within three years after the execution of the punishment or pardon. 82. All crimes have targets, but not all crimes have targets. ╳83. The relative age of criminal responsibility is 14 years old and 18 years old. ╳84. The relative age of criminal responsibility is over 16 years old and under 18 years old. 85. Coerced accomplice refers to the person who is coerced and tricked into participating in the crime. 86. A criminal sentenced to criminal detention shall receive equal pay for equal work during the execution of the penalty. 87. During the probation period, there is no legal reason to revoke the probation. After the probation period expires, the punishment shall be deemed to be completed. ╳88. If a crime is found to be omitted during the execution of the penalty, the principle of reducing it first and then combining it shall be adopted, and combined punishment for several crimes shall be implemented. ╳89. If a new crime is committed during the execution of the penalty, the principle of combining first and then mitigating shall be adopted, and the punishment for several crimes shall be combined. 90. A criminal sentenced to probation shall be inspected by his unit or grass-roots organization. ╳9 1. In the objective elements of the crime of accepting bribes, both soliciting and accepting bribes must seek benefits for others. 92. The legal supervision organs in China are the People's Procuratorate and the discipline inspection and supervision departments. 93. In China, the organs that prosecute economic crimes include the People's Procuratorate and the state-owned assets management department. 94. Discipline inspection and supervision departments have the power to approve or decide on arrests. 95. Corruption and bribery crimes are investigated by public security organs and prosecuted by people's procuratorates. 96. Lawyers can defend suspects at the investigation stage. ╳97. The time for summoning and summoning shall not exceed 24 hours. ╳98. The maximum time for bail pending trial cannot exceed 6 months. ╳99. The longest period of residential surveillance is 12 months. ╳ 100. The organizational system of China courts includes local people's courts at all levels and the Supreme People's Court. ╳ 10 1. If the defendant refuses to accept the judgment of first instance, both the defendant and the procuratorial organ can appeal according to law. ╳ 102. If the defendant refuses to accept the judgment of first instance, the court of second instance may increase the penalty of the original judgment. Second, multiple-choice questions 1. China's criminal law stipulates that crimes are committed against people who are over 14 years old and under 18 (A) years old. A. Punishment should be lightened or mitigated B. Punishment should be lightened or exempted C. Punishment can be lightened or exempted D. Punishment can be lightened or exempted 2. The provisions on the scope of effectiveness in China's criminal law are based on (a). A. Territorial principle B. Personal principle C. Protection principle D. Universality principle 3. Crime not committed refers to (ACD). A. All the elements of the unfinished crime B. No result C. The result pursued by the act D. The purpose of the crime 4. Control applies to those (BD) criminals. A: There is no need to imprison a crime. There is no need to imprison a minor crime. C. the crime is not serious and needs to be punished. D. the crime is minor, but it needs to be punished. 5. The prescription stipulated in our criminal law refers to (b). A. Time limit for public security organs to handle criminal cases B. Effective period for judicial organs to pursue criminal responsibility against criminals C. Time limit for procuratorial organs to initiate public prosecution D. Time limit for people's courts to hear cases 6. If criminal acts are in a continuous or continuous state, the limitation of prosecution shall be counted from (b). A. the date when the crime stopped B. the date when the crime ended C. the date when the crime was completed D. the date when the harmful result occurred 7. If the suspended criminal is sentenced to additional punishment at the same time, additional punishment (B). A. Exempt from execution B. Still subject to execution C. Suspended execution D. Executable 8. Intentional crime specified in Criminal Law (b). A. Can bear criminal responsibility B. Should bear criminal responsibility C. Only those who are stipulated in the specific provisions of the Criminal Law will bear criminal responsibility D. Must bear criminal responsibility 9. A criminal sentenced to life imprisonment, the actual sentence executed after commutation shall not be less than (b). A.20b. 10 C.15d.15 and 20 years or less10. Compare the preparatory crime and the completed crime (b). A. The punishment should be lightened or mitigated B. The punishment can be lightened, mitigated or exempted C. The punishment can be lightened or exempted D. The punishment should be lightened, mitigated or exempted1/. The term of criminal detention is (c). A 6 months to 1 year to B.3 months to 2 years to C. 1 month to 6 months to D.3 months to 1 year to 12. The proviso in article 13 of China's criminal law stipulates that "if the circumstances are obviously minor and the harm is not great, it is not considered a crime". A. the punishment of omission crime is a crime. B. does not constitute a crime. This is a crime with impunity. D. narrowing the scope of attack is a special punishment strategy. 13. The objective element of crime that all crimes must have is (b). A. criminal tools B. harmful behavior C. harmful results D. criminal means 14. According to the criminal law, if the instigated person fails to commit the instigated crime, the instigator shall be punished (B). A: Don't talk about crime. B. the punishment can be lightened or mitigated. C. the punishment may be lightened or mitigated. D. the punishment should be lightened or mitigated. 15. The current criminal law in China is (D). A.79 criminal law B.79 criminal law and subsequent single criminal law C.79 criminal law and subsequent subsidiary criminal law D.97 16. The criminal was sentenced by the court to be deprived of political rights for three years, and the executive organ was (b). A. People's courts B. Public security organs C. People's procuratorates D. Reform-through-labor institutions 17. The following criminals shall be deprived of political rights according to law (C). A. Criminals who intentionally commit crimes B. Criminals who intentionally commit crimes C. Criminals who endanger national security and are sentenced to death or life imprisonment D. Criminals who commit serious economic crimes 18. Whoever incites dissatisfaction (3) commits a crime and is given a heavier punishment. A. 14 years old B. 16 years old C. 18 years old D.20 years old 19 years old. The "aggravated restriction" in the combined punishment of several crimes refers to (D). A. heavy punishment absorbs light punishment B. the punishment announced by combining punishment for several crimes. C. On the basis of the most severe punishment among several crimes, a certain kind of punishment is added as execution punishment. D. if one act commits several crimes, it shall be punished below the total punishment. 20. The probation period of criminal detention is (b). A the term of imprisonment in the original trial shall not be less than 1 month. B. The term of the original trial 1 year shall not be less than 2 months. C. The term of the original trial 1 year shall not be less than 2 months. D. The prison term of the original trial 1 year shall not be less than 6 months. Does not belong to the object of crime. A. Direct object B. Similar object C. Indirect object D. General object 22. According to the criminal law, the death penalty (CD) is not applicable to the following persons. A. People who have reached the age of 16 but not reached the age of 18 at the time of trial B. Women who were pregnant at the time of crime C. Women who were pregnant at the time of trial D. Women who were pregnant during detention and had spontaneous abortion at the time of trial 23. Commutation in criminal law refers to (c). A. mitigated punishment B. commuted the original sentence C. mitigated the original sentence D. sentenced the penalty below the statutory penalty 24. Those who commit crimes may be given a lighter, mitigated or exempted punishment. A. Deaf-mute B. Deaf-mute C. Blind D. 14- 18 years old