1. Xiao Zhang engaged in the sale of cigarettes and alcohol, in order to earn profits decided to use industrial alcohol mixed with water as wine to sell. His best friend, knowing what he meant, advised him that selling alcohol mixed with water would harm the health of those who drank it, and that he should be careful about killing people. And told him in accordance with the provisions of the Criminal Law, the sale of harmful food, to be sentenced to less than five years of imprisonment, causing harm to the human body to be sentenced to less than 10 years of imprisonment, so that the death of a person, to be sentenced to more than 10 years of imprisonment, life imprisonment or the death penalty. When Xiao Zhang heard this, he gave up the idea. Which of the normative roles of law does this reflect?
A. Guidance
B. Evaluation
C. Education
D. Prediction
2. Which of the following statements is a value judgment of the law?
A. The mandatory nature of law is the basic attribute of law
B. Private international law is the law that regulates civil relations involving foreign countries
C. The social nature of law is the essence of law
D. Normative role is the role of law
3. Article 53 of the Copyright Law stipulates that: "The party fails to fulfill the contractual obligations Or if the fulfillment of contractual obligations does not meet the agreed conditions, they shall bear civil liability in accordance with the General Principles of the Civil Law of the People's Republic of China*** and the Contract Law of the People's Republic of China and other relevant laws." The provision belongs to which of the following legal rules?
A. Qualitative rules
B. Mandatory rules
C. Permissive rules
D. Arbitrary rules
4. The first publication of written law in Chinese history was the ( )
A. Penal Tripods
B. Casting of the Penal Book
C. Bamboo Penalty
D. The Law Scriptures
D.
5. The following statements about the revival of Roman law are correct ( )
A. The fundamental reason for the revival of Roman law was that it was the most complete law regulating the relations of commodity producers before the capitalist society
B. The opportunity for the revival of Roman law was the discovery of the original manuscript of Justinian's Summa Jurisprudens
C. The first study of Roman law was made at the University of Bologna, Italy
C. The first research on Roman law was carried out at the University of Bologna. D．The Commentary School of Law played a pioneering role in the revival of Roman law by making the study of the Book of the Laws of Nations a science
6. The following are correct statements
A．The Code of Laws was the first comparatively systematic feudal code of law in Chinese history
B． Yonghui Lushu" was the first code of law printed and promulgated in the history of China.
C. The Song Jintong (宋刑统) is the most complete ancient codified law in China's history
D. The Qing Huidian (大清會典) is the last feudal codified law in China's history
7. Which of the following is at the heart of the relationship between the constitution?
A．Relationships between citizens and organizations
B．Relationships between state organs and citizens
C．Relationships between state organs and social organizations
D．Relationships between citizens and social organizations
8. The following is wrong about the constitutional norms
A．Constitutional norms are the most basic elements and the most fundamental constituent units of the Constitution
A．Constitutional norms are the most basic elements and the most basic constituent units of the Constitution
9. B. Constitutional norms are the bridge directly linking the basic categories and theories of the Constitution with the practice of constitutionalism
C. One of the parties to the social relations regulated by the constitutional norms is usually always the state or the state organs
D. Constitutional norms, in comparison with the general legal norms, have the characteristics of broadness, fundamentality, supreme authority, program and relative stability
D. Constitutional norms, compared with the general legal norms, have the characteristics of broadness, fundamentality, supreme authority, program and
9. The correct statements about the appointment and removal of prosecutors are:
A. The procurator-general and deputy procurators-general of the Supreme People's Procuratorate are elected and removed by the National People's Congress:
B. The appointment and removal of procurators-general of local people's procuratorates at all levels must be reported to the procurator-general of the people's procuratorate at the next higher level for his approval:
C. Assistant procurators-general of people's procuratorates are approved by the procurator-general of their own office:
C. Assistant procurators shall be appointed and removed by the procurator-general of the office;
D. The specific methods of appointment and removal of the procurator-general and deputy procurator-general of a military procuratorate shall be governed by the provisions of the Procurator-General's Law on the appointment and removal of procurators.
10. The following options belong to the personnel power of provincial people's congresses?
A．Election of deputies to the people's congresses at the next higher level
B．Removal of the procurator-general of the people's procuratorate at the present level without reporting to the procurator-general of the people's procuratorate at the next higher level
C．Election of the president of the people's court at the present level, which shall be reported to the president of the supreme people's court and submitted to the Standing Committee of the National People's Congress for its approval
D．Election of the procurator-general of the people's procuratorate at the present level, which shall be reported to the The Supreme People's Procuratorate.
11. A municipal government office below the provisions of the city's administrative departments or business units to buy official cars, can only buy the city of a brand of cars, if the purchase of cars produced by other provinces and cities, the financial allocations will not be made, the social control will not be programmed, the public security will not be photographed. Please judge according to the Unfair Competition Law:
A. If the city car performance is good, the price is reasonable, then the municipal government office's behavior does not belong to the restriction of competition
B. If the purchase of municipal automobile users have not been harmed, it does not constitute a restriction of competition
C. Restriction of competition in the constituent elements of the behavior does not require that the user is not harmed, if the other The operator is harmed, and meet other conditions constitute a restriction of competition by the government and its departments
D. The behavior by the provincial or municipal industrial and commercial administrative departments to investigate and deal with
12. In order to protect the legitimate rights and interests of the bidders, China's laws have a series of limitations on the winning bidding projects, the following statements do not conform to the "Bidding and Tendering Law"
A. A. Enterprise A, as the general contractor of a project, prohibits the transfer of the winning project
B. The winning project can be subcontracted, if the subcontracting project problems, the winning bidder and subcontractor to bear joint and several liability
C. The bidder can directly require the subcontractor to assume full responsibility
D. Acceptance of subcontracting can be subcontracted again the non-critical work to others with the appropriate qualifications
D. The subcontracting can be done in a manner that is consistent with the law.
13. A commissioned the auction house "Jia Sheng" on behalf of the auction of a piece of porcelain. Existing B, C, D, three bidders, then the following on the porcelain defects inform the statement, which is wrong?
A. A should be informed of the "Good Saint" auction house of the defects of the porcelain
B. "Good Saint" auction house should be informed of the defects of B, C, D
C. The piece of porcelain on a noticeable gap, the consignor and the auctioneer may not be informed of the defects. The consignor and the auctioneer can not inform
D. A and "good" auction house although the prior statement can not guarantee the quality of the piece of porcelain, but in order to protect the legitimate rights and interests of the buyer, the buyer D can still require the two are jointly and severally liable
14. Zhang signed a labor contract with an enterprise in the probationary period of serious misconduct, causing significant damage to the enterprise Zhang signed a labor contract with an enterprise, during the probationary period, serious dereliction of duty, causing significant losses to the enterprise, I was also injured and hospitalized, the enterprise can terminate the labor contract ( ).
A. Can not terminate the labor contract
B. Can be terminated, after the consent of the labor administration department
C. Can be terminated, after the expiration of the prescribed medical period
D. Can be terminated, after the accident can be terminated at any time
15. According to the provisions of the Individual Income Tax Law, which of the following personal income, which do not need to pay personal income tax?
A. 1,000 yuan of Zhang's monthly retirement salary
B. 1,000 yuan of the "Outstanding Youth League Member" bonus issued by the Nanning Youth League Committee
C. 1,000 yuan of the rental income of Tom's house in the U.S.
D．Han won 100,000 yuan in sports lottery
16．The Tax Collection and Management Law stipulates the relationship between the collection of taxes and claims, fines and other sums of money, and the following statements are incorrect:
A．Taxes are prioritized over unsecured claims
B．The time of the taxpayer's unpaid taxes occurs before the mortgage, If the taxpayer owes the tax before the mortgage, pledge or lien, the tax shall be enforced before the secured claims mentioned above
C. The collection of the tax has priority over the collection of fines and confiscation of illegal proceeds
D. If the tax owed by the taxpayer occurs after the mortgage, pledge or lien, the collection of the tax does not have priority in enforcement
17. The owner of a house for The owner of the house, for the purpose of making profit, rents out the house built on the state-owned land for which the right of use has been granted in the form of allocation, how should the land revenue included in the rent be treated according to the law?
A. The land revenue contained in the rent shall go to the lessee
B. The land revenue contained in the rent shall be paid to the State
C. The land revenue contained in the rent shall go to the lessor
D. The land revenue contained in the rent shall be deducted from the rent
18. The basis for the validity of international law has always been a fundamental theoretical issue in international jurisprudence. Historically, various schools of thought have made a variety of interpretations of this, the following a-g correct correspondence between the name of the school of thought and theoretical claims:
A. Grotius school of thought: the validity of international law is based on the unity of the natural man and the will of the state:
B. Natural law school of thought: the validity of international law is based on natural law;
C. Positive school of thought: the validity of international law is based on the potential of the law;
C. The school of thought: the validity of international law is based on the potential of the law;
D. D. The school of social bonding: the basis of the validity of international law is the fact of social bonding, and the "legal conscience of peoples" becomes the sole basis of international law;
D. The school of social bonding: the basis of the validity of international law is the fact of social bonding, and the "legal conscience of peoples" becomes the sole basis of international law.
E. The normative school of law holds that all rules of law are hierarchical and derive their validity from a higher law, and that international law derives its validity from a higher law;
F. The power-political school of law holds that international law derives its validity from "the power of the state"
G. The policy-oriented school of law holds that international law derives its validity from the fact of social bonding, and that "the legal conscience of the peoples" is the only source of international law. G. The policy-oriented school of thought: the basis of the effectiveness of international law is the foreign policy of the state.
A. abdg B. abeg C. acfg D. bcde
19. Subjects of International Law The following have the status of subjects of international law in their own right:
A. President George W. Bush of the United States
B. The Shanghai Cooperation Organization
C. The British Commonwealth
D. The Palestine National Liberation Organization
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20. A nuclear-powered merchant ship belonging to a shipping company of country A suddenly suffered a nuclear leakage while it was moored in the port of country B, which contaminated the port of country B and caused serious damage. State A and State B are both parties to the Vienna Convention on Civil Liability for Nuclear Damage and the Convention on Operators of Nuclear Ships, and in accordance with the above-mentioned Convention and the relevant rules, State B should be compensated at this time with 78 million dollars, but the shipping company's actual ability to compensate for the damage is only able to afford a maximum of 50 million dollars. In this case, according to the international law, the state responsibility system, what is the obligation of the state of country A to country B?
A. State A should bear all the 78 million dollars of compensation
B. State A has the obligation to ensure that the shipping company to pay 50 million dollars of compensation to State B, at the same time, the shipping company is unable to pay the rest of the 28 million dollars, by the government of State A to pay compensation on behalf of
C. State A has the obligation to ensure that the shipping company urged to pay compensation, but the actual capacity of the shipping company to afford the limit of the compensation. C. State A is obliged to urge the shipping company to pay compensation, but only to the extent that the shipping company can afford it, i.e., it can only pay 50 million US dollars, and the remaining 28 million US dollars can be excluded from the payment
D. Since the act is not committed by State A, State A does not have to bear any obligation in this case
21. The legal relations regulated by private international law are international civil and commercial legal relations, i.e., civil and commercial legal relations with foreign elements or foreign elements. The legal relationships regulated by private international law are international civil and commercial legal relationships. According to the relevant provisions of China's laws, which of the following is not the subject of private international law:
A. A Chinese person inherits the inheritance left in a foreign country after the death of his foreign relative;
B. A Chinese citizen, A, and a U.S. citizen, B, get married in Shanghai, China;
C. A Chinese citizen, A, gets involved in a labor-management dispute with a Chinese-foreign joint venture;
D. A Chinese company and a Canadian company get involved in a labor-management dispute with a Canadian company;
D. A Chinese company and a Canadian company get married in Shanghai, China. D．A Chinese company and a Canadian company conclude a contract of sale in Toronto.
22. Company A is an international large-scale import and export company dealing with daily necessities. company A's principal place of business is the United States, the main place of management in the United Kingdom, the place of registration in France, in 2000, company A went to China to engage in commercial activities, the civil capacity of company A, should be determined by the law of which country?
A. The law of the United States of America, the country of principal place of business
B. The law of the United Kingdom, the country of principal place of management
C. The law of France, the country of incorporation
D. The law of the country of control of the capital
23. An American domiciled in Japan, dies intestate, leaving movable property in New York State. This movable property inheritance and litigation in Japan, according to Japanese law, the inheritance should be applied to the decedent's domestic law (the law of the State of New York), but the conflict of laws of the State of New York, the inheritance of movable property to apply the law of the domicile of the decedent. Thus, the Japanese court ruled in accordance with the Japanese law on the inheritance of movable property, which is known in private international law as:
A. Anti-commitment
B. Transitivity
C. Indirect Anti-commitment
D. Legal Evasion
24. Article L5 of China's Regulations for Implementation of the Law on Chinese-Foreign Equity Joint Ventures stipulates that. "The conclusion, validity, interpretation, execution of the contract of a joint venture and the settlement of its disputes shall be governed by the laws of China." This belongs to what type of conflict of norms:
A. Unilateral conflict of norms
B. Bilateral conflict of norms
C. Overlapping conflict of norms
D. Selection of conflict of norms
25. Wang, a civil servant of a machinery import and export company of Northern China, called Mitsubishi Corporation on April 10, 1999, and agreed that: the two parties shall have the following terms of reference. The two sides agreed: the northern machinery import and export company to Mitsubishi Corporation to order a batch of automobile spare parts, the payment of three days after the delivery of the Japanese side. If you as China's northern machinery import and export companies, civil servants Wang, Japan, Ltd. representative requirements, you must choose a provision should be fulfilled by the buyer for export clearance procedures for the obligation of the price term, then the following four terms you can choose which?
A. FOB B. C I F C. CFR D. EXW
26. July 20, 1997, Hong Kong, A company to Xiamen, B company to send an offer that: "eel feed quantity of 180 tons, the unit price of CIF Xiamen, 980 U.S. dollars, the total value of $ 176, 400 U.S. dollars, the contract is concluded three months after loading, irrevocable! Demand L/C payment, please reply". Xiamen company B also disk: "accept your offer, after the conclusion of the contract, please ship immediately". Hong Kong Company A did not reply, and has not been loaded. Xiamen Company B believes that Hong Kong Company A is in breach of contract. In this case, which of the following options is correct?
A．Company A should load the ship immediately after the conclusion of the contract
B．Company A should load the ship three months after the conclusion of the contract
C．Company A has not loaded the ship is a breach of contract
D．The contract was not established
27．Chinese company A telegraphed to the U.S. company B on April 10th that: silk pajamas can be supplied to 1,000,000 sets, each set of 30 U.S. dollars. China Company A telegraphed to the United States Company B on April 10: 1,000,000 sets of silk pajamas are available, each set of 30 U.S. dollars, CIF Washington, August shipment, irrevocable letter of credit for payment, 20 days to answer the validity. Company B replied on May 3: you reported on April 10, we accept. Company A did not reply. Company A and Company B contractual relationship between the establishment of:
A. Company B's call back in essence to change the terms of the offer, so the contract is not established
B. Company B's call back in essence to change the terms of the offer, so the contract is established
C. Company B's failure to make a commitment in the validity of the time, the overdue commitment is invalid
D. Company B's commitment in the valid time, the late commitment
D. Company B's commitment in the valid time, the late commitment is invalid in principle. >D. Company B's commitment in the effective time, the late commitment is valid, so the contract is established
28. March 5, 1998, in the World Expo, I Shandong Bohai Company and Japan's Toyo Company Limited signed a Japanese to provide China with 3A marine equipment sales contract. The price terms for USD832000/DES. transportation due to force majeure caused by the ship fire, although after timely rescue, there are still some equipment burned. Afterwards, the two parties disputed over the compensation for the loss of the equipment and applied for arbitration. Who do you think should bear the loss of burnt equipment?
A. Toyo Corporation
B. Shandong Bohai Company
C. shipping company
D. insurance company
29. the following about the professional ethics of the judges is incorrect ( )
A. Judge's professional ethics of a code of conduct
B. Judge's professional ethics of the judges for the constraints of the target
C. Judge professional ethics regulate the object is only the judge to perform judicial duties, excluding judicial activities
D. Judge professional ethics concept also belongs to the judge's professional ethics
30. Judge A and lawyer B two families are friends, the two people usually frequent exchanges, the relationship is quite close. Once, in the trial of an economic litigation case as a presiding judge, a party suddenly change the lawyer, re-commissioned b as the case of litigation agent. At this time, according to the provisions of the law, a ( )
A. should continue to hear the case
B. can continue to hear the case:
C. should not be continued