National Higher Education Self-study Examination in October, 2111

Introduction to Economic Law (Finance) Questions and Reference Answers

Course Code: 11143

1. Multiple choice questions (this big question ***21 small questions, 1 points for each small question, 21 points for each small question)

There is only one of the four alternatives listed in each small question. There is no score for wrong selection, multiple selection or no selection.

1. The monopoly formed by market participants setting market entry barriers through their own strength is called (b)

A. Exclusive monopoly B. Economic monopoly

C. Natural monopoly D. Administrative monopoly

P151

2. According to the provisions of China's consumer protection law, The rights enjoyed by consumers when purchasing goods or receiving services do not include (d)

A. Choosing to buy refrigerators of a certain brand independently

B. Choosing to receive services from several operators such as Party A, Party B, Party C and Party D.

C. Asking whether the waiters who provide catering services have health certificates

D. As long as they are not satisfied with the purchased products, they can return the products

P191 ~. The following acts of Company A belong to an offer: (d)

A. Publicizing a tender announcement to the public for building an office building

B. Publicizing a prospectus to the public for issuing new shares

C. Publicizing an advertisement on TV for promoting new products

D. Sending an order letter

P118 to Company B, including the product variety, price and delivery time, and item ABC is an invitation to offer.

4. The right to issue RMB belongs to (a)

A. China People's Bank B. Policy Bank

C. China Banking Regulatory Commission D. the State Council

P199

5. According to the provisions of China's Trademark Law, the validity period of a registered trademark is (b)

A.5 years B．11 years C．15 The following statements about asset business management of commercial banks are incorrect: (d)

A. Commercial bank loans should be strictly examined for the borrower's borrowing purposes

B. Commercial banks should provide guarantees

C. Commercial banks should not issue credit loans to related parties

D. Commercial banks can engage in stock business in China

P212 penultimate paragraph.

7. The limitation period for bringing a lawsuit for compensation for environmental pollution damage is (c)

A.1 years B.2 years C.3 years D.4 years

p>7．

8. The following resources can only belong to the state: (d)

A. Land B. Grassland C. Forest D. Wildlife

.

9. according to the provisions of China's labor contract law, The following items are not required clauses of the labor contract: (d)

A. Duration of the labor contract B. Work content and work place

C. Social insurance D. Liquidated damages

P251

11. The liability of an insurance company engaged in property insurance business to each dangerous unit shall not exceed the sum of its actual capital plus provident fund (a).

a.11% b.21% c.2 times d.4 times

p225

11. According to the provisions of China's Consumer Protection Law, One of the following functions of consumers' associations is (a)

A. Supporting injured consumers to file lawsuits

B. Investigating and adjudicating complaints

C. Appraising complaints concerning the quality of goods and services

D. Providing paid consulting services to operators

P191

12. The following items belong to products adjusted by the Product Quality Law.

a. Civil products produced by military enterprises B. Construction projects C. Potatoes just dug out of the ground D. Wild fish

P175~176 salvaged from fish ponds, CD items belong to unprocessed and manufactured natural products, and do not belong to products adjusted by the Product Quality Law.

13. When an anti-monopoly law enforcement agency investigates a suspected monopolistic behavior, it can enjoy the following powers: (a)

A. Inspect the business premises of the operator under investigation B. Study and formulate relevant competition policies

C. Seal up the relevant assets of the operator D. Freeze the bank account of the operator

P163

14. Wang made an invention for performing his job. The invention is (a)

A. Service invention B. Non-service invention

C. * * The same invention D. Entrusted invention

P134

15. According to the provisions of China's contract law, the following statements about contract performance rules are correct: (c)

A. If the quality agreement is unclear, it shall be performed according to the debtor's enterprise standards < Perform the contract at the market price at the time of performance

C. If the place of performance is unknown, the payment will be made in the place where the party receiving the payment is located

D. If the performance fee is unknown, it will be borne by the creditor

P114 ~ 115

16. After the people's court accepts the bankruptcy application of Company A, Company B requests the manager to restore the machinery and equipment leased to Company A, and Company B exercises (c). The initial capital contribution of Party A, Party B and Party C should be at least (b)

A.21,111 yuan B.31,111 yuan C.51,111 yuan D．11 million yuan

P81, which must meet the two "not less than" conditions stipulated in the Company Law for the initial capital contribution. The latter "not less than" means not less than 31 thousand yuan.

18. Amendments to the Articles of Association of a Chinese-foreign joint venture must be (c)

A. It must be unanimously approved by all directors. B. It must be unanimously approved by more than two-thirds of all directors. C. It must be unanimously approved by more than two-thirds of the directors present at the meeting. Paragraph 3 of

P69

19. Creditors of a sole proprietorship enterprise, after the dissolution of the enterprise, The legal time limit here is (d)

a.1 years B.2 years C.3 years D.5 years

P62

21. According to the provisions of China's value-added tax law, the following items are within the scope of VAT taxation: (c)

A. Transportation services B. Financial services

C. Processing services D. Advertising services. Wrong selection, multiple selection, less selection or no selection are not scored.

21. The following statements about the characteristics of a sole proprietorship enterprise, Correct (ACD)

A. The investor of a sole proprietorship enterprise is a natural person

B. The investor of a sole proprietorship enterprise is a natural person or legal person

C. All the property of a sole proprietorship enterprise is owned by the investor

D. A sole proprietorship enterprise shall bear unlimited liability for its debts with all the personal property of the investor

E. A sole proprietorship enterprise shall be limited to the amount of investment made by the investor.

22. The types of product defects are (Abd)

A. Manufacturing defects B. Design defects

C. Development defects D. Warning defects

E. Identification defects

P183

23. Pollutants subject to sewage charges include (ABCDE)

A. Sewage B. Waste gas.

a. insurer B. policyholder C. insured D. beneficiary E. insurance agent

P219, item AB is the party to the insurance contract, and item e is the assistant to the insurance contract.

25. according to the provisions of China's securities law, The specific contents of information disclosure of listed companies mainly include (ABCDE) < P > A. Prospectus B. Listing Report < P > C. Interim Report D. Annual Report E. Interim Report < P > P211 ~ 211 < P > 26. The objects of patent rights in China include (ABC).

a. Invention B. Utility model

C. Design D. Scientific discovery E. Plant varieties

P133 and P135

27. The principles of trademark registration are (ABC)

A. Voluntary registration B. Application first

C. Priority D. Use first

. The following workers propose to conclude an open-ended labor contract. Company A should sign (ABC)

A. Engineer Zhang who has worked in Company A for 12 years continuously

B. Electrician Li who has concluded two fixed-term labor contracts with Company A continuously

C. Xiao Wang, a migrant worker who has worked as a security guard in Company A for 1 years and 3 months, but the company has not yet concluded a written labor contract with him

D. Specially recruited by Company A.

29. According to the provisions of China's tax collection and management law, the following statements about tax collection are correct: (abde)

A. The tax authorities have the right to check the tax payable for taxpayers who can not keep account books according to law

B. For taxpayers whose production is not fixed and their account books are not perfect, the tax authorities should adopt the method of checking and determining the tax collection

C. For taxpayers who operate sporadic and scattered industrial products with high tax rate. Take a fixed amount of tax collection on a regular basis

D. If the taxpayer underpays the tax due to miscalculation, the tax authorities can pursue the tax collection and late payment within three years

E. For tax evasion, tax resistance and tax fraud, the tax authorities can pursue the tax collection and late payment indefinitely

P243 and P244, and item C is an inspection collection rather than a fixed amount collection.

31. Zhang San bought a wool coat recommended by B advertising company at the exhibition held by A company. The coat is produced by Company C and sold by Company D.. Renting the venue of Company E for the exhibition. The coat Zhang San bought cracked after wearing it for two days. When Zhang San wanted to claim compensation, he found that the exhibition had ended. The objects of Zhang San's claim include (ad)

A, A, B, B, Advertising Company

C, C, D, D, E, E, P195 "Organizer of the Exhibition", "Advertiser" and P183, lines 3 to 4. The wool coat in this topic is a defective product, not a defective product. For defective products, consumers have the right to claim rights from sellers, but have no right to claim rights from producers. For defective products, the subject who suffers losses due to the defects of defective products has the right to claim rights from both the seller and the producer. There is no legal requirement that the person renting the venue should be responsible for compensation to consumers, so Company E has no responsibility.

III. Noun explanation questions (this big question is ***6 small questions, with 3 points for each small question and ***18 points)

31. Substantive examination

A: Substantive examination refers to the examination of novelty, creativity and practicality of inventions and creations.

32. Collective contract

Answer: A collective contract refers to a written contract reached between an employee and an enterprise on matters such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare on the basis of equal consultation.

33. Liability for breach of contract

A: Liability for breach of contract refers to the civil liability that a party should bear for breach of contract obligations.

34. Concentration of business operators

A: Concentration of business operators, also known as business combination and business concentration, means that two or more independent enterprises are merged into one enterprise, or one enterprise can directly or indirectly control another enterprise by acquiring equity or assets or through contracts.

35. Foreign-invested enterprises

A: Foreign-invested enterprises refer to Chinese-foreign joint ventures, Chinese-foreign cooperative ventures and foreign-funded enterprises.

36. Independent directors of listed companies

Answer: Independent directors of listed companies, also known as external directors, refer to part-time working directors who are independent of the management of the company and do not have any transactions or relationships with the company that may seriously affect their independent judgment.

IV. Short answer questions (this big question is ***4 small questions, with 5 points for each small question and 21 points for * * *)

37. What are the basic principles of China's natural resources law?

A: The basic principles of China's natural resources law are:

① the principle of public ownership of important natural resources;

② the principle of comprehensive utilization and multi-objective development;

③ the principle of unified planning and adapting to local conditions and times;

④ the principle of unifying economic benefits, ecological benefits and social benefits;

⑤ adhere to the principle of combining open source with throttling.

38. Briefly describe the types of invalid contracts.

A: The types of invalid contracts are:

① contracts that harm national interests by means of fraud or coercion;

② contracts that maliciously collude and harm the interests of the state, the collective or a third party;

③ contracts that cover up illegal purposes in a legal form;

④ contracts that harm the interests of the public;

⑤ contracts that violate the prohibitive or mandatory provisions of laws and administrative regulations.

39. Briefly describe the obligations of business operators stipulated in China's consumer protection law.

A: The obligations of operators stipulated in China's Consumer Protection Law include:

① The obligation to provide goods or services is determined or agreed according to law;

② the obligation to accept consumer supervision;

③ security obligation;

④ obligation to provide true information;

⑤ the obligation to indicate the real name and mark;

⑥ obligation to issue purchase vouchers or service documents;

⑦ the obligation to ensure the quality of goods or services meets the requirements;

⑧ the obligation to fulfill the "three guarantees" or other corresponding responsibilities;

pet-name ruby fair trade obligation;

attending the obligation to respect the personal rights of consumers.

41. Briefly describe the scope of debtor's property stipulated in China's bankruptcy law.

A: The scope of the debtor's property stipulated in China's bankruptcy law includes:

① all the property belonging to the debtor at the time of bankruptcy application;

② the property acquired by the debtor from the acceptance of the bankruptcy application to the end of the bankruptcy proceedings;

③ the collateral whose price exceeds the amount of secured debt;

④ other property rights that should be exercised by the debtor.

v. Case topic (this big topic is ***2 small topics, with 8 points for each small topic and ***16 points)

41. Case:

In October p>2119, Party A, Party B and Party C initiated the establishment of A limited liability company. The registered capital of the company is RMB 511,111.11 Yuan, of which RMB 41,111.11 Yuan is contributed by Party A, RMB 61,111.11 Yuan is contributed by Party B in cash, and RMB 3 is appraised in kind.