A. In China, guiding cases are a formal source of law
B. The judgment is a normative legal document
C. The judge used analogical reasoning in the case
D. In China, the Supreme Court and all levels of the courts can issue guiding cases
Test Answer
C
Test Solution
A is wrong. p>
Option A is wrong. China's formal sources of law include the Constitution, laws and international treaties, guiding cases are not formal sources of law.
B option error. Normative legal documents for an unspecified class of people or things, can be repeatedly applied. The judgment is directed to a specific person or thing, can not be repeatedly applied, is a non-normative legal document.
C option is correct. In this question, the judge referred to the guiding case, from the guiding case and the existence of contract disputes in the trial of the similarity, deduced in the trial of the case can be applied to the guiding case of the "legal personality of the mixed" standard, which is the process of analogical reasoning.
D option error. In China, only the Supreme People's Court can issue guiding cases.
12. "When a legal person chooses a legal norm, he must base himself on the whole legal system of the country, that is to say, he must have an overall understanding and mastery of the law of the country, and more importantly, he has to choose a legal norm that is pertinent to the facts of the case as he determines them to be, and he must not only understand and grasp the literal meaning of the law, but also understand and grasp the meaning behind the law." Which of the following understandings is false with respect to the statement?
A. The application of law must face the problem of norms and facts
B. When the literal meaning of the law is not clear, the meaning can be understood through the legal system
C. The legal system consists of a country's existing law and the law that was once effective in history
D. The literal meaning of the law is sometimes inconsistent with the meaning behind the law
Answers to the test questions
C
C
D. The law is not the only thing that is relevant to the legal norms, but also the meaning behind the law. /p>
C
Test Answer
Option A is correct. In order to apply certain norms to a particular case, a legal person must transform the pure facts of life, as related to him by the parties, into "legal facts", which do not appear to the judge from the beginning, but rather must be taken into account, on the one hand, by the known facts and, on the other hand, by the individual facts. Rather, the facts of the case must be formed on the basis of the known facts on the one hand, and the legal significance of the individual facts on the other. Therefore, the application of law is a process of cyclic examination between facts and norms.
Option B is correct. "He must choose legal norms on the basis of the entire legal system of the country", the norms to the entire legal system to understand its meaning, which is the use of legal interpretation methods of system interpretation.
Option C is wrong. The legal system is composed of a country's current legal system in force, excluding the historical laws that were once in force.
D is correct. Any legal term has a literal meaning which can be obtained by applying the method of textual interpretation of law. But when a legal man chooses a legal norm that is relevant to the facts of the case as determined by him, he has to understand and grasp not only the literal meaning of the law but also the meaning behind the law. With the development of society, in some cases, the literal meaning of the law is not consistent with the meaning behind it, it is necessary to use the system of interpretation, historical interpretation or the purpose of the interpretation of the method to obtain the applicable legal norms.
13. Some scholars explain the emergence of law in this way: the initial dispute resolution may be the two sides to find a *** with the trust of the elders, to him to tell the original story and by him to make a decision; but when the dispute is so many that need to take up a hundred elders all the time, a kind of institutionalized dispute resolution mechanism became necessary, which is the original law. Which of the following statements is correct in this regard?
A. Reflects the law of social adjustment from individual adjustment to normative adjustment
B. Explains that law is always the primary tool of social adjustment
C. Sees the role of economic and political factors in the process of the emergence of the law
D. Emphasizes the difference between the law and other social norms
Test Answers
A <
Test Answer
A option is correct. The emergence of law has gone through a process of development from individual adjustment to normative adjustment and general normative adjustment to the adjustment of law. In the early stage of primitive society, social adjustment is often individual adjustment, that is, for specific people, specific behavior of the adjustment only once. When certain social relations develop into a regular, more stable phenomenon, people in order to improve efficiency, cost saving and provide behavioral patterns for this type of social relations, so the individual adjustment is developed into normative adjustment, that is, uniform, repeated application of the adjustment.
B option is wrong. Law as the primary tool of social adjustment is the result of modern practice of the rule of law countries. The social norms of primitive society are customary, melting the law, morality, religion and other social norms in one. With the development of society, the law began to separate from morality, religion, play an important role in social adjustment. Law has not been the primary instrument of social adjustment from the beginning.
C is wrong. The question only reflects the primitive society's adjustment from individual adjustment to the general adjustment of the development of the process, does not show the influence of economic and political factors, and does not reflect the difference between the law and other social norms such as religion and morality, so option D is wrong.
14. Which of the following statements is true about the modernization of law?
A. The modernization of endogenous law is dependent, with obvious instrumental coloring
B. The modernization of exogenous law was conceived and developed in the specific historical background of Western civilization
C. The modernization of exogenous law is passive, and foreign factors are the initial impetus
D. The initiation of the modernization of Chinese law is in the form of judicial dominant type
Test Answer
C
Test Answer
Test Answer
Option A is wrong. According to the source of the driving force of the modernization of the law, the process of modernization of the law can be roughly divided into the modernization of the endogenous type of law and the modernization of the exogenous type of law. The modernization of exogenous law refers to the impact of external forces on society under the influence of the external environment, causing changes in the ideological, political and economic fields, and ultimately leading to innovation in the field of legal culture. The modernization of exogenous law is passive, dependent and repetitive, and the learned men of the nation hope to change the law in order to make the nation strong, with obvious instrumental color.
B option is wrong. The modernization of endogenous law refers to the internal innovation of law produced by the force of a particular society itself. This modernization is a spontaneous, bottom-up, slow, gradual change process, which was conceived and developed in the specific socio-historical context of Western civilization.
Option C is correct. The modernization of exogenous law refers to the external environment, the social impact of external forces, caused by the ideological, political and economic changes, ultimately leading to innovation in the field of legal culture. The modernization of exogenous law is passive and dependent, and external factors are the initial driving force.
D option is wrong. The modernization of law in contemporary China is legislative-led, and it is easier to promote work in the legislative field, so the modernization of law in China is developing faster at the institutional level.
15. The Book of Han? Chen favor biography" on the Western Zhou rites and punishments relationship description said: "the rites of the go, the punishment of the take, the loss of the rites into the punishment, and each other for the table." Which of the following options is correct regarding the understanding of Western Zhou rites and punishments?
Which of the following options is correct?
A. The Zhou rituals were divided into five rituals, the core of which was "pro pro" and "zunzun", which stipulated the hierarchy of political relations
B. The five punishments of the Western Zhou period, namely, ink, wakes, amputation of limbs, palaces, and dapai, were applicable to the common people but not to the nobles.
C. "Rites" do not have the nature of law, lack of state coercion, the need for "punishment" as a supplement
D. Violation of the rites is illegal, in the maintenance of the means of rule "rites", "punishment", "punishment", "punishment", and so on. "
Test Answers
D
Test Answers
Test Answers
A option is correct. There are five aspects of Western Zhou rituals, commonly known as "five rituals": auspicious and bad military guests Jia. The core of this is the pro and pro-respect, which includes both the hierarchy of political relations and the hierarchy of blood relatives.
B option error. The five pre-Qin punishments usually included ink, wakes, amputation of limbs, palaces, and large pikes, which were equally applicable to the aristocratic bureaucrats, only that they enjoyed certain privileges in applying the punishments.
C is wrong. During the Western Zhou period, the rites already had the nature of law.
D is correct. During the Western Zhou Dynasty, "if you go out of the rites, you go into the punishment", and the punishment was for all the behaviors that violated the rites.
16. The Qin rulers summarized the experience of the previous generation in the implementation of the law, combined with the characteristics of the dynasty, formed some principles of application of penalties. Which of the following is true about the principles of Qin law?
A. With regard to the determination of the capacity for criminal responsibility, height was used as a criterion, and men and women who were six feet two inches tall or taller were adults who should be held criminally liable for their crimes
B. Attention was paid to the state of subjective consciousness of the person, and intentional acts were held criminally liable, while negligent acts were considered to be free of consciousness of the crime and not to be held criminally liable
C. Aggravated penalties were imposed on *** offenders, recidivism and so forth. D. Whether abetting adults and minors to commit crimes, the abettor is subject to the same crime and aggravated punishment
Test Answers
C
Test Answers
Test Answers
A option is wrong. The Qin law used height as a criterion for determining whether a person was of age or not, and those below six feet five inches were considered minors.
B is wrong. Qin law attaches importance to the distinction between intentional and negligent crimes, intentional false accusation of the implementation of the counter-sitting, subjective no intention, according to the accusation of not trial from the light treatment.
C is correct. Qin law on *** offender, recidivism aggravated punishment, the surrender of mitigated punishment, the crime after the initiative to eliminate the consequences of the crime can be reduced or exempted from punishment.
D option is wrong. Abetting a minor to commit a crime to increase the penalty, is not anti-sitting abetting crime
17. The Tang Dynasty litigation system continues to improve, and has the characteristics of the former and the latter. Which of the following options reflects the principle of conviction on the basis of evidence of the Tang law?
A. Tang law provides that the trial "must be first to the situation, the examination of the rhetoric, repeated reference to the test, but not decided, the matter must be tortured, the case with the judge, and then tortured, violators of the cane sixty"
B. "break the law of the prison," said: "If the stolen goods show test, the reason is not doubtful, although not a citation, that is based on the evidence to determine"
B.
C. The Tang Law stipulates that people who should be discussed, requested, reduced, and disabled are "not subject to interrogation"
D. The Prison Law says: "(Prison breaks) must be cited in the text of the law, the order, the grid, the style, violators flogged thirty! "
Test Answers
B
Test Answers
Test Answers
A option is wrong. This is the Tang law interrogation of prisoners when the legal provisions of the conditions and number of torture, and has nothing to do with the principle of conviction on the basis of evidence.
B option is correct, this option is to test the evidence of stolen crime, if there is no doubt, can be invoked to conclude the case.
Option C is wrong. The article refers to the enjoyment of a certain status, and the old and young people with disabilities, in line with the principle of compassionate punishment without torture, and has nothing to do with the principle of conviction on the basis of evidence.
D is wrong. The article quoted refers to the trial of cases must be cited law, order, grid, style of the text, reflecting the principle of conviction based on evidence, but the standardization of the trial of cases, is the Tang law on the principle of legality of crime and punishment.
18. With the prosperity of the commodity economy, the two Song period of buying and selling, lending, leasing, mortgaging, selling, hiring and other forms of contract have developed. Accordingly, which of the following statements is wrong?
A. The conclusion of the contract must be out of the two sides of the agreement, to force the signing of the parties against their will, to be "heavy" alliance constitution "
B. The sale of the contract in the" live sale "means that the first credit to obtain the object of sale, and then pay the price. C. Interest-paying consumer lending is known as the loan, and there is "(the loaner) shall not return to the interest for the principal" to prevent usury exploitation
D. In the Song Dynasty tenant land contracts, fixed rent can be implemented, tenant farmers do not pay rent, the landlord can sue the government to obtain
The landlord can also be used to pay the rent, and the landlord can be used to pay the rent for the official
The landlord can also be used to pay the rent for the official
The landlord can also use the landlord to pay the rent for the official
D. >
Test Answers
B
Test Answers
Test Answers
A is correct. The Song Dynasty emphasized the consensual nature of the debt of sale, the forced signing against the will of the parties, to be "rewired".
B option is wrong. Song Dynasty "canon" in the "live sale", through the transfer of the right to use the object to receive part of the benefits and retain the right of redemption of a transaction.
C is correct. The Song lending contract will pay interest on consumer loans called out of the lift, lift interest, also known as "out of interest", the provisions of: "out of the lift shall not return to the interest for the principal", shall not be more than the legal provisions of the charge usury exploitation.
D option is correct. The landlord and tenant farmers signed a tenant land contract, can be implemented fixed rent, if the tenant farmers do not pay the rent, the landlord can be in the beginning of October 1 to the first 30 days of the year to the government complaints, the government on behalf of the demand.
19. After the Eastern Roman Emperor Justinian, Roman law was not emphasized for a long time. After a long period of history, Western European countries have appeared in the study and adoption of Roman law boom, known as the revival of Roman law. Which of the following statements is correct about the revival of Roman law?
A. Roman law can meet the needs of the development of general property and contractual relations in Western European countries at the time of the revival of
B. The revival of the movement began in the 10th century
C. Commentary on the law of the school of law in the revival of the movement, played a pioneering role
D. The school of law of the school of law of the commentary is committed to the integration of the Roman law and the practice of the judiciary of the Western European society to promote the research and application of Roman law
D. The school of law of the commentary is dedicated to the combination of Roman law and Western European social justice practice, to promote The study and application of Roman law
Test Answer
A
Test Answer
Test Answer
A option is correct. The fundamental reason for the revival of Roman law is that the legal situation in Western Europe at that time with the development of the commodity economy and social life is extremely unsuitable, and Roman law is the most complete pre-capitalist society to adjust the relationship between commodity producers, this legal heritage can meet the needs of the development of general property and contractual relations of the countries of Western Europe at that time.
B option error. The revival of Roman law began with the discovery of the original manuscript of the Compendium of the Doctrines of Justinian in northern Italy in 1135 AD and began in the 12th century.
C is wrong. The exegetical school of law played a pioneering role in the movement to revive Roman law.
D is wrong. The school of commentarial law was dedicated to the integration of Roman law with the judicial practice of medieval Western European societies, which led to new developments in the study and application of Roman law.
20. about the Anglo-American, civil law system features: ① case law as the main source; ② to the enactment of law as the main source; ③ Germanic law as the historical source; ④ judges play a pivotal role in the development of law; ⑤ inductive as the main reasoning method; ⑥ deductive as the main reasoning method; ⑦ litigation process traditionally tends to be ex officio, the judge to play a proactive role. The role of the judge is proactive. Which of the following is correct?
A. belonging to the characteristics of the common law system: ① ③ ⑥ ⑦
B. belonging to the characteristics of the civil law system: ② ④ ⑤ ⑦
C. belonging to the characteristics of the common law system: ① ③ ④ ⑤
D. belonging to the characteristics of the civil law system: ② ③ ⑤ ⑦
Test Answer
C
Test Solution
Option A is wrong. ③⑥⑦ belongs to the characteristics of civil law system, not common law system.
B is wrong. ④ ⑤ belongs to the characteristics of the common law system, not the civil law system.
C is correct.
D is wrong. ⑤ is a characteristic of the common law system.