07 Special Breakthrough of National Civil Service Examination 007: Definition and Judgment

Definition judgment

First, give each question a definition of concept, and then list four kinds of behaviors respectively. You are required to choose an answer that meets or does not meet the definition in strict accordance with the definition. Note: Assuming this definition is correct, there is no doubt.

Example:

Obedience: refers to the behavior that you don't want to do at the request of others' command domain, that is, to act according to others' will. According to this definition, which of the following belongs to obedience:

A. He assembled a TV set according to the drawings.

Everyone unanimously recommended him as the monitor, so he had to do it.

C. After being reminded by others, Xiao Wang remembered that he had only done one thing and had to finish it at once.

D. Xiao Wang goes shopping with his wife on Sunday.

Answer: strictly by definition, the correct answer to this question is B.

Please begin to answer the questions:

1. Abstract administrative act refers to an administrative act with universal binding force unilaterally made by an administrative subject to an unspecified administrative counterpart. According to the above definition, the following are abstract administrative acts:

A. the decision of the industrial and commercial bureau on the punishment of enterprises

B. Procurement of office supplies by administrative organs

C. the people's government at the county level shall formulate normative documents.

D. the people's court's decision on punishment for implementing administrative regulations.

2. Article 25 1 of China's criminal law stipulates that * * * joint crime refers to intentional crime by two or more persons. According to the above definition, the following acts are * * * joint crimes:

A, A and B * * * want to teach C a lesson. On the way to C's house, B went home because of something urgent at home, and A also called C in the house.

B.a wanted to kill B, deliberately gave C the loaded gun, lied to C that it was empty, and told C to aim at B to intimidate B, and B was shot and killed.

C. After the two cars collided, they rushed to the side of the road and killed pedestrians.

D. Party A and Party B conspired to rob C's tape recorder. Party A wounded C first, and Party B took the opportunity to snatch the recording machine gun.

3. Health: refers to people with normal intelligence and reasonable behavior, who can adapt to normal work, social interaction or study and resist common diseases. According to the definition of health, the following belong to health:

A. Lao Li is a university professor. Although he is in his fifties, he is still full of energy at work. He got the flu this spring.

B. Aunt Zhang/KOOC-0/9-year-old son Xiao Cong, who is studying at/KOOC-0//KOOC-0/,is still in the second grade of primary school, but he has never been seriously ill since he was a child, and he is also good at handwork.

C. Xiao Hu's work performance has been excellent since he graduated from master's degree. After the accident, when the work pressure is relatively high, I will be insane.

D. Xiao Liu is in good health, works hard and respects his parents, but many colleagues say that he is eccentric and unwilling to associate with him.

4. Self-defense refers to a limited act committed against the wrongdoer in order to protect the national interests, public interests and the personal, property and other rights of others from the ongoing illegal infringement. According to the above definition, the following are self-defense:

A. A robbed B of his property with a knife. B fought back, grabbed A's knife, stabbed A's leg, and then B killed A with a knife.

B.a has repeatedly threatened to kill B in public. After listening to this, B was angry and afraid, and decided to strike first and kill A unprepared.

C and A tried to murder B, but there was no excuse. One day when A saw B, he teased and induced B to start first by insulting others. After B laid hands on him, A took out a kitchen knife prepared in advance to kill B. ..

D. One night, Xiaohong was robbed. The robber held a dagger and threatened to kill someone if he didn't hand over the money. Xiaohong had to hand over her wallet. When the robber bowed his head and counted the money, she picked up a brick and knocked the robber unconscious. Then she picked up her purse and left the scene. Later, I learned that the robber died because the rescue was invalid.

5. Community refers to a certain area where people live together, also known as a population concentration that occupies a certain area. It consists of five elements, namely, population, region, system, policy and institution. According to the above definition, which of the following does not belong to the community?

A. factory B. park C. school D. neighborhood Committee

6. Deduction starts from some general laws and is applied to special events. Which of the following belongs to deduction?

Sun Hua is taller than Wang Gang and Wang Gang is taller than Li Jian, so Sun Hua is taller than Li Jian.

B Northerners are taller than southerners, which is caused by the difference in living conditions.

C. The market is bigger than the bazaar, and the bazaar is smaller than the market.

D The per capita GDP of developed countries is higher than that of China, and Canada is a developed country, so the per capita GDP of Canada is also higher than that of China.

7. The management of negotiorum gestio is a foundation of debt, which refers to the management and service behavior without legal or agreed obligations to avoid causing losses to others. According to the above definition, debts managed without cause occur in the following situations:

A. payment collection for others without authorization; B. Give up the inheritance right for others without authorization.

C. Lu Yu D. Suicide relief was entrusted to take care of poultry on behalf of others.

8. Unjust enrichment refers to obtaining benefits without legal and contractual basis and causing losses to others. According to the law, the party who has suffered losses has the right to request the unjust enrichment person to return the benefits obtained. The unjust enrichment person has the obligation to return the benefits. According to this definition, the following situations belong to unjust enrichment:

A. the debtor pays off the outstanding debts.

B, customers give more loans to salespeople.

C. Pay the money lost by gambling

D, alimony for adopted children to biological parents

9. Non-programmed decision-making: refers to the unconventional decision-making made by managers on new problems that do not often appear in plan management. According to the above definition, the following are non-programmed decisions:

A. Set salary quota B. Determine the distribution method of year-end bonus.

C. determine the sales price of products D. decide whether to operate across industries.

10. The crime of false accusation and framing refers to fabricating facts and evidence for the purpose of framing others for criminal punishment. The act of making a false report to the relevant authorities. According to the above definition, the following acts do not belong to the crime of framing:

A. In order to get back at Wang's ruthlessness, Sun invented something out of nothing. He told the public security organs that Wang forced her.

B. In order to bring down others, Sun reported to the procuratorate that the general manager had major economic problems, but after examination by the procuratorate, the general manager had no economic problems.

C. Zhang repeatedly painted a colorful rumor that there was an unfair relationship between Ge and Sun, which led to the breakdown of the relationship between Ge and his wife.

D. In retaliation, Qian lied that his family's property was stolen and provided the public security organs with false clues that Jiang was seriously suspected.

1 1. Price demand elasticity: refers to the response or sensitivity of demand to price changes, and its size is expressed by the absolute value of the coefficient EP = demand change (%) ÷ price change (%). According to the above definition, which of the following statements is correct?

A. When the elasticity coefficient of demand price Ep>l means that price changes will cause great changes in demand.

B. When EP = 1, it shows that the price change has little influence on the demand change, and the price can be raised as much as possible.

The size of C.EP actually reflects the sensitivity of demand to cost changes.

D. According to the law of supply and demand, there can be no EP.

12. Analogical reasoning: refers to the conclusion that two objects in a series are the same and one of them is known to have other attributes, from which the other object also has the same other attributes. According to the above definition, the following situations belong to analogical reasoning:

A. Mercury, Venus, Earth, Mars and Jupiter all orbit the sun in elliptical orbits, so all the planets in the solar system orbit the sun in elliptical orbits.

B California's natural environment is similar to that of southern China, which is suitable for growing citrus, so California is also suitable for growing citrus.

C. Only by establishing the necessary rules and regulations can production proceed smoothly. The production of factory A is not smooth, so the factory must not have established the necessary rules and regulations.

D. we are against all unhealthy trends. Abuse of power for personal gain is unhealthy, so we oppose abuse of power for personal gain.

13. Crime of obstructing official duties: refers to the act of obstructing state staff from performing official duties by threatening violence. According to the above definition. The following acts are crimes against public service:

A. A policeman collided with someone while riding a bicycle to go shopping. The victim was angry and clung to the public security personnel, causing people to watch and seriously affecting traffic order.

B. When investigating a corruption case, Xiao Liu, a procurator of a procuratorate, was besieged, abused and beaten by the family of the criminal suspect Wu Mou, and threatened to smash Xiao Liu's house if he continued to investigate.

C. A company's accountant Ye was accused of corruption. The prosecutor went to Ye's company to check the accounts. Inspector Yang was angry and tore up the title page of an account book. The manager of Ye Company was very dissatisfied with this, quarreled with Yang and got back the account book.

D. Hu is a self-employed person and was fined for tax evasion. To this end, Hu hates tax cadres very much. One day, Hu gathered a few hooligans, found Dong's home, smashed all his doors and windows, and left.

14. de facto marriage: refers to the relationship between a man and a woman who meet the substantive conditions of marriage and live together in the name of husband and wife although they are not registered for marriage. The so-called substantive conditions of marriage include legal conditions and prohibition conditions. The former means that both parties voluntarily reach the legal age of marriage and practice monogamy (the latter can change from nothing to something over time); The latter refers to lineal blood relatives and collateral blood relatives within three generations, as well as diseases that are medically considered unsuitable for marriage. At the same time, this form of marriage requires both parties to have the meaning of living together for life, and living together openly in the name of husband and wife is also considered by the masses as a husband-and-wife relationship, otherwise it cannot be considered effective.

The following is a de facto marriage ().

A. Li Yun and Cheng Hong were in good health when they got married, but Cheng Hong was only 18 years old, and they only held a simple wedding without registration; Five years later, the two wanted to divorce, and the marriage relationship was at this time.

B Zhao Fei and Huanghua are cousins in the same year. They were childhood friends. At the age of 25, they held a grand wedding in the church. Friends and relatives were present to congratulate them. They didn't go to the marriage registration office to get a marriage certificate because it was too much trouble.

C Smith, a British Chinese, got married in England and later married Candice Tao, a girl from China, in China. They love each other and live together, and all the neighbors think they are a very suitable couple.

D Lu Xiong and Zhang Mi were open lovers in college. After graduation, they lived together, but later Lu Xiong wanted to break up with Zhang Mi. Zhang Mi repeatedly threatened to die, but Lu was helpless. He just continued to live with Zhang and registered his marriage in a city.

15. Acquisition of the land of a neighboring country by prescription: refers to a country's long-term uninterrupted and open possession and domination of part of another country's territory in international law, without the condition of "goodwill", even if it improperly or illegally occupies part of another country's territory from the beginning. However, this practice is limited to solving problems left over from history, and it is no longer applicable after the 1980 s and 1990 s.

The following ways of acquiring territory belong to the prescription of acquiring territory ().

A. There is an uninhabited wasteland with an area of about 1 000 square kilometers in the east of country A, but it has always been under its jurisdiction. During World War I, neighboring country B occupied the wasteland through gradual settlement, and country A never raised any objection.

The southern territory of country b. c covers an area of 80,000 square kilometers. Backed by its strong economic strength, Dingguo officially incorporated this place into its own territory in 18 15.

C. 1905, Wu forcibly occupied an island of another country under the cover of guns, and other countries rose up to resist, but eventually failed.

D18th century, Geng discovered a bird island with an area of 6,000 square kilometers deep in the western Pacific Ocean, so he sent troops to occupy it and moved residents to settle here.

16. The crime of harboring or harboring: it refers to the act of not * * providing hiding places or property for others, helping others escape or falsely proving that they are harboring while knowing that others are committing crimes;

The following belong to the crime of harboring and harboring ().

A. Zhang Laohan witnessed a young man killing a young girl at night. Later, when he testified in court, he was afraid that the suspect would retaliate afterwards and said that he saw the scene of the murder during the day. As a result, the young man had an alibi and was finally acquitted.

B. Mrs. Li's son killed someone by drunk driving and ran home nervously. As soon as Mrs. Li asked about the situation, she scrubbed the blood on the car with her son and took out 3000 yuan to let her go to other places to take shelter.

C. Qin and Li conspired to steal a jewelry store, and the latter two divided their work. Qin went to prepare the vehicles and fake ID cards that fled to the province, and Li, a flexible burglar, succeeded. Qin drove Li out of the local area.

One morning, Ms. Huang found a tramp lying in front of the door, covered in dust and with a high fever. Out of kindness, she helped him into the house and took care of him with her husband. After the man recovered, he took the 500 yuan money donated by the two men and flew away with gratitude. The next day, the two learned through TV that this man was wanted by the Ministry of Public Security.

17. Deductive works: also known as derivative works, refer to works produced by creative work such as adaptation, translation, annotation and arrangement on the basis of existing works. Adaptation refers to changing works and creating new works with originality; Translation refers to the conversion of a work from one language to another; Annotation refers to the interpretation of words, words and sentences in written works; Finishing refers to the orderly and systematic processing of existing works or materials with scattered contents and unclear levels.

The following is not a deductive work ().

A. Comments on Classical Poetry of A Dream of Red Mansions B. Notre Dame de Paris Japanese Edition

C. three musketeers's screenplay "Interpretation of Difficult Words from the Perspective of China Ancient Literature"

18. Appeal: refers to the litigation procedure in which a party or defendant in a civil or administrative lawsuit refuses to accept the ruling or judgment of first instance that has come into effect by judicial organs at all levels, and brings a lawsuit to the judicial organ at the next higher level within the legal period to request a revision of the judgment.

The following is a complaint ().

Plaintiffs Hu and Liu brought a lawsuit to the District People's Court for debt disputes. After the first trial, neither of them had any objection. A year later, Liu Faxian filed a lawsuit again with new evidence.

B Wu Mou was found guilty of intentional injury at first instance and sentenced to fixed-term imprisonment of 1 year. The procuratorate believes that the punishment is too light and asks the higher people's court for a retrial.

C. Chen Mou filed a lawsuit because he refused to accept the punishment of the public security organ for his administrative detention. After the first trial, the public security organ thought that the court's judgment was improper and asked the higher people's court to retry it two days later.

D. Bumou chopped his neighbor with a knife because of a dispute with his neighbor, and then punished Bumou for violating public security management. Bumou refused to accept the punishment and asked the Public Security Bureau to make a new decision.

19. E-commerce refers to selling goods and services and transferring funds through digital communication.

The following does not belong to e-commerce is ().

A.sina.com provides people with a lot of commodity information every day.

B. Transfer payment is realized between enterprises through online banking.

Microsoft has set up its own home page to provide online computer software ordering service.

D Amazon online bookstore accepts online orders, but delivers products by mail.

20. Matthew effect: refers to the phenomenon that society has given more and more famous (recognized by society) talents, but not even unknown talents.

The following does not belong to Matthew effect is ().

A society has been giving famous scientists various titles, reputations and generous treatment.

B. After an academician of the Academy of Sciences became famous, he still worked hard to overcome scientific problems and achieved great success.

C before many scientists became famous, their papers were nowhere to be published, their achievements were not recognized, and even their lives were uncertain.

D when a famous professor argues with a student, people always believe that the professor is right.

2 1. enterprise closure: refers to the deterioration of the economic situation of the enterprise, the difficulty in selling products or the lack of market, the inability to collect payment, the inability to pay workers' wages and raw material expenses, and the inability to repay due bank loans, thus making it impossible for the enterprise to continue its business.

The following is not the main reason for enterprise failure ().

A. The capital invested by the enterprise is occupied by the machinery and equipment, raw materials and inventory products of the factory for a long time, resulting in poor capital turnover.

B. failure of investment and technology development, sluggish sales and labor disputes.

C banks no longer support enterprises because they don't trust them.

D. Business leaders are divorced

22. Cartel: a form of monopoly organization, which refers to capitalist enterprises in the same production sector, signing monopoly alliances on sales markets, commodity output and commodity prices for the purpose of obtaining monopoly profits and strengthening their competitive position.

The following does not belong to the cartel is ().

A. each manufacturer signs an agreement to specify the sales market.

B. Each manufacturer signs an agreement to set the sales price.

C each producer signs an agreement to produce and sell a certain amount of goods, which each participant is required to abide by.

D. Due to cost accounting, the merchants stopped the discount competition.

23. Public policy is a government-led public system. In order to ensure that the society develops in the right direction determined by the political system, public resources are used to solve public problems and balance and coordinate public interests through extensive participation, continuous selection and effective implementation.

The following does not meet this definition is ().

A. The main body of public policy-making is a series of public institutions led by the government.

B * * * policy is the various ways and means for the government to do more with less money.

C. The purpose of public policy is to ensure that society develops in the right direction determined by the political system.

D. public policy is the process of public management activities.

24. The crime of maltreatment: refers to the behavior of beating and cursing, freezing and starving, confinement, forced overwork, not giving treatment or other methods to family members living together.

According to the definition, the following does not constitute the crime of abuse is ().

A. Wang Hao's father was often ill. Wang Hao felt that his father was old and knew his fate, so he didn't treat him.

B. Business owners often force employees to work overtime and deduct wages.

C. Zhang Zhi doesn't like his wife and often beats her or imprisons her.

D. Li Jing often educates his naughty son by corporal punishment, and sometimes refuses to let his son who has done something wrong eat.

25. Assessment: refers to the regular and irregular inspection and evaluation of civil servants' work performance and service in a certain period by administrative organs at all levels according to their statutory management authority.

The following items that do not belong to the appraisal are ().

A. According to the regulations, civil servants must go to work on time within the specified time to test their diligence.

B British civil servants are required to examine factors such as work knowledge, personality, judgment and enthusiasm.

C. The government youth league organized an autumn tour of Mount Tai, and the secretary suggested that everyone climb to the top of the mountain before anyone else.

D. The United States implements the performance appraisal system of work standards, which mainly assesses the quantity, quality and adaptability of civil servants' work.

26. Civil litigation is the sum of all kinds of litigation activities carried out by the people's courts and participants in the trial of civil cases.

The following do not belong to civil litigation ().

A. Zhao sued for the 1 10,000 yuan decoration fee owed by Li.

B. Li Laohan sued the court, demanding that the village must act in accordance with the legacy support agreement.

C. Zhang was arrested 15 days, and was beaten by the guards for no reason, causing serious injuries, so he sued.

D. Li and Huang disagreed and withdrew from the partnership, so they appealed to the court to divide the partnership property.

27. According to the Guarantee Law of People's Republic of China (PRC), the term "lien" as mentioned in this law means that the creditor occupies the creditor's property in accordance with the relevant provisions of this law, and the debtor fails to perform the debt within the time limit stipulated in the contract, and the creditor has the right to lien the property in accordance with the provisions of this law, and the proceeds from the auction or sale of the property are discounted or given priority.

Please judge which of the following is correct according to the provisions of the Guarantee Law of People's Republic of China (PRC) on lien? ( )

A the creditor has a lien on the creditor's rights arising from the debtor's failure to perform the custody contract, transportation contract or processing contract.

If the retained property is divisible, the value of the retained property should be greater than the amount of the debt.

C the creditor and the debtor shall stipulate in the contract that after the creditor has retained the property, the creditor shall perform the debt within a period of not less than six months. If there is no agreement in the contract between the creditor and the debtor, the creditor shall set a period of more than three months after the debtor's property is retained, and notify the debtor to perform the debt within this period.

The parties shall not stipulate in the contract the property that shall not be retained.

28. Unjust enrichment: refers to the situation that one party does not get benefits because of its own illegal behavior, but has no legal basis for obtaining benefits, resulting in the damage to the interests of others.

According to the above definition, which of the following situations belongs to unjust enrichment? ( )

A. Xiao Zhang didn't tell the other party during a shipment, although he found that the other party had overcharged a lot of goods due to mistakes.

B a introduces a b to a c, and then he extracts the "contact fee" from a b and a c respectively.

C. Lu, who sells fruit, hides the handbag left by the customer on the fruit stand and keeps the property for himself.

5000 yuan was stolen by Wang.

29. Conformity behavior: the behavior that individuals tend to be consistent with others in perception, judgment and action due to group pressure. Which of the following situations does not belong to herd behavior?

A. the speech was not wonderful, but everyone applauded and I applauded.

I really think this song is good, but I didn't expect it to be really popular.

C. fur coats are very popular this year. Although I was not well off, I gritted my teeth and bought a leather coat.

D. since everyone agrees, I have nothing to say. I agree with everyone.

30. Bigamy: the act of marrying a person who has a spouse, or marrying someone who knows that they have a spouse. According to the above definition, which of the following is bigamy?

A. Li Xiaoqing and Wang Gang fell in love for many years, held a formal engagement ceremony and accepted many betrothal gifts from Wang Gang's family, but later Li Xiaoqing tore up the engagement and married a foreign man.

B. Huang was abused by her husband, so she became friends with a colleague in our factory. Sometimes they secretly go out to travel together. After her husband knew about it, he sued the court and sued Huang for bigamy with his colleagues. But Huang said that the real husband in her mind is that colleague.

C. A Xue lives in a remote village in Jiangxi, married and has a son. On a trip, she was abducted by a fellow countryman to a remote mountain village in Anhui Province and sold to Qiu in the village. She became Qiu's wife without registration.

D. Sun and Zhou were married for one year, and decided to divorce because of their incompatible personalities. Zhou's parents also took their daughter home immediately. Half a year later, without going through the divorce formalities, Sun married another foreign woman, and Zhou also married a man in a neighboring village.

3 1. Participants in administrative reconsideration: refers to the parties to an administrative dispute and those who have an interest in the specific administrative act of the administrative dispute. According to the above definition, the following persons are not participants in administrative reconsideration:

A. The third party of administrative reconsideration B. The appraiser of administrative reconsideration

C. Respondent of administrative reconsideration D. Lawyer entrusted by the third party of administrative reconsideration

32. Bail pending trial: The people's court, the people's procuratorate and the public security organ order the defendant to provide a guarantor, and the guarantor guarantees that the defendant will not evade or obstruct the investigation, prosecution and trial, which is a compulsory measure available at any time. According to the above definition, which of the following situations belongs to bail pending trial?

A. Zhang Qing was sentenced to one year's imprisonment for assault. Because he was a first-time offender and had an excellent attitude of pleading guilty, the court gave him a probation period of one and a half years, that is, if Zhang stopped committing crimes within one and a half years, he would not have to go to prison to serve his sentence. During the testing, the Unit visited Zhang Qing.

B Wang Rong, female, was sentenced to eight years' imprisonment for manslaughter. During his prison term, Wang actively reformed and was released in advance four years later, but a four-year probation period was stipulated. If she did not commit a crime during the trial, the remaining sentence will not be executed. During the test, it shall be supervised by the public security organ.

C dong, female, was examined by the procuratorate for alleged corruption. After investigation, the corruption is true and the amount is large, so she should be arrested. However, considering that her child is under one year old, the prosecutor decided not to detain her until the verdict was pronounced. The leader of her unit came forward to guarantee that she would be summoned by the procuratorate and the court at any time.

D. Ma was sentenced to five years in prison for fraud. After serving two years in prison, he suffered from severe rheumatic heart disease and was transferred to the hospital for treatment under the guarantee of his family. During the treatment, the public security organ is responsible for supervision. Six months later, he returned to prison to continue serving his sentence.

33. Suspension of the limitation of action: it means that during the last six months of the limitation of action, the obligee cannot exercise his right of claim due to force majeure or other obstacles, and the limitation of action stops counting. According to the above definition, which of the following circumstances will lead to the suspension of the statute of limitations?

A. A sued the court and demanded that B repay the debt. The court accepted the case. During the trial, A died suddenly.

B. Party A lends Party B a certain amount of RMB and agrees to return it one year later. After the expiration, Party B fails to return it. At the urging of Party A, Party B agrees to return it.

C.A. was injured by B's bike on February 15 the year before last, which caused great losses. After negotiation, Party B shall compensate Party A for 2500 yuan. As of February this year 10, Party B has not paid the compensation. A was ready to sue, but the road was blocked due to flash floods, which lasted for more than ten days. It was not until the end of February that A filed a lawsuit with the court.

D. Xiao Zhang and Huang Xiao are husband and wife, and their feelings have never been harmonious. Xiao Zhang sued the court for divorce from Xiao Huang. The court accepted the case. Before the end of the trial, Xiao Zhang was killed in a car accident on his way on a business trip.