1. the following about the fact of the law and the value of the law of the judgment of the statement is correct:

A. the fact of the law of the judgment of the law is concerned with the law of the adjustment of the social reality is objective; and the value of the law of the judgment of the law of the concern of the people's social needs, so with the subjective

B. the fact of the law of the judgment of the law is concerned with the actual state of the law, while the value of the law of the judgment is concerned with the law of the state of contingency

C. "Things are not in order, things are not in order. B. The factual judgment of the law is concerned with the actual state of the law, while the value judgment of the law is concerned with the law of the state of contingency

C. "Things are not in order, the feelings of the things" is the performance of the factual judgment of the law

D. The factual judgment of the law lies in the objective knowledge of the reality of the law, and then realize the subject and the object to be consistent. Therefore, the study of the law should be as value-neutral and impartial as possible, avoiding and excluding factors with value judgments

2. During the Qin Dynasty, Zhao Mou and Qian Mou were neighbors, but the two sides had a very poor relationship, and they hated each other. One day, Zhao went to the county magistrate to denounce Qian, claiming that Qian was committing adultery with his half-sister Sun* (the Qin law stipulates that half-siblings committing adultery* shall be sentenced to abandonment of the city), and asked the county magistrate to convict Qian. After the county magistrate's investigation, Zhao Mou's denunciation was pure fabrication, made up by Zhao Mou to vent his personal anger. According to the facts of the case, how to deal with this case?

A. Zhao actively reported the possible crime to the government, even if it is wrong, it does not constitute a crime

B. Zhao falsely accused Qian for the sake of personal anger, which constitutes the crime of false accusation, but because it did not cause any damage, it is less severe

C. Zhao's behavior constitutes the crime of false accusation, and he was punished with the crime of false accusation

D. Zhao's behavior constitutes the crime of false accusation, which is punished with the crime of abandonment of the city

2. Zhao's behavior constitutes the crime of false accusation, which constitutes the crime of false accusation, which is punished with the crime of abandoning the city.

3. On the provisions of the Tang Dynasty laws, the following statement is wrong:

A. "The judgment of the crime and no positive article, it should be out of the crime, it is to cite the weight of the light; it should be into the crime, it is to cite the light to the light of the heavy" This is the application of the principle of analogical reasoning of the Tang Dynasty Laws

B. "The foreigners, the same kind of each other

D. Zhao's behavior constitutes a false accusation of punishment. The foreigners, the same kind of offenders, each according to the common law; different types of offenders, to the law" This is the "Tang Law" to adjust the legal relationship between foreign

C. "Where family members steal from each other, or supervise the theft of their own, aggravating the crime of punishment", this is the punishment of theft "by the supervision of the" system

D. "Hands and feet assault and injury to a person limited to ten days, assault and injury to a person with other objects for twenty days, with the blade and soup and fire injury to a person for thirty days, broken limbs and broken bones for fifty days", this is the Tang Dynasty on the consequences of the crime can not be immediately apparent, and the victimized party is required to pay the penalty within a certain period of time, and the victim's family members can not be punished. Provides that the aggrieved party within a certain period of time on the injured party's injury changes responsible for the bail system

4. The following about the implementation of China's constitutional guarantee system in the expression, the correct option is:

A. From the implementation of the Constitution to guarantee the organs, China belongs to the legislature to implement the model of constitutional guarantees, granting the Standing Committee of the National People's Congress with the powers of the constitutional supervision, local people's congresses and their standing committees have the right to guarantee the Constitution, local people's congresses and their standing committees have the right to guarantee the Constitution. The Standing Committee of the National People's Congress and its Standing Committee have the duty to guarantee the implementation of the Constitution in their own administrative regions

B. From the viewpoint of the organ of guaranteeing the implementation of the Constitution, our country belongs to the mode of guaranteeing the implementation of the Constitution by administrative organs, and the State Council is authorized to formulate all kinds of administrative laws and regulations on economy, culture and other aspects within the scope of competence to carry out the principles of the Constitution and to guarantee the implementation of the Constitution

C. From the viewpoint of the way to guarantee the implementation of the Constitution, our country mainly adopts prior review C. From the point of view of the way to safeguard the implementation of the Constitution, China mainly adopts the way of prior review, such as the people's congresses of the autonomous regions to formulate autonomy regulations and separate regulations shall be reported to the Standing Committee of the National People's Congress for approval before they enter into force

D. From the point of view of the way to safeguard the implementation of the Constitution, China mainly adopts the way of posterior review, such as the National People's Congress has the right to change or revoke the Standing Committee of the National People's Congress inappropriate decisions; the Standing Committee of the National People's Congress has the right to revoke

5. According to the General Agreement on Tariffs and Trade and the Understanding on Rules and Procedures Governing the Settlement of Disputes, the following options regarding disputes between member states and the dispute settlement body are correct:

A. For disputes involving non-violation claims, the claimant needs to prove that the respondent party violated the terms and conditions of the agreement.

B. In disputes with breach claims, the respondent is not obliged to rescind the measure if it loses the case, but only to make reparation

C. A panel is a non-permanent body of the DSB that examines both the facts of the case and questions of law

D. An appellate body is a permanent body of the DSB that examines both the facts of the case and questions of law

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6. Chinese company A and the United States company B signed a contract for the export of steel, the contract agreed that the quality of goods for the second level, letter of credit payment. Delivery of company B due to the shortage of secondary steel in stock, so the modification of a steel, and in the invoice on the first, the payment is still calculated in accordance with the price of secondary steel. At the time of negotiation, the bank considered that the grade of the goods stated in the invoice did not conform to the quality of the second grade as stipulated in the letter of credit, and thus refused to collect the payment and release the bill. China Company A believes that the contract stipulates that the goods have a special purpose, so it cannot accept the first grade of steel delivered by Company B, and claims that Company B should bear the responsibility for not delivering the goods in accordance with the contract. The following statements are incorrect:

A. The bank can be invoiced with the letter of credit on the grounds of non-conformity refused to pay the bill

B. Although the goods delivered by the company B grade than the contract grade is also higher, but still should bear the responsibility for breach of contract

C. The bank should not refuse to pay the bill

D. The beneficiary of the letter of credit in the case of the U.S. company B

7.

7. The sovereign equality of states is one of the basic principles of international law, which is not reflected in the following options:

A. A multilateral treaty is signed in the order of the first letter of the names of the states parties in the English alphabet; the countries are listed in the alphabetical order of the characters used in the meeting

B. Unless a state expressly and voluntarily submits to the jurisdiction of a foreign court, the state enjoys sovereignty over the state. B. Unless a state expressly submits voluntarily to the jurisdiction of a foreign court, a state enjoys sovereign immunity from jurisdiction

C. The voting rights of the member states of an international fund are divided into two parts: basic voting rights and enhanced voting rights, i.e., each member state is entitled to 250 basic votes, and in addition, enhanced voting rights are calculated according to the member states' share of the fund in the manner of one vote for every $100,000 of the fund's total value. The sum of the basic and aggravated voting rights is the total voting rights of the country

D. Developed countries shall give generalized preferential treatment in import tariffs to developing countries in respect of all their exports of manufactured and semi-manufactured goods; non-discriminatory, i.e., all developing countries shall be made to enjoy the treatment of the Generalized System of Preferences (GSP) without any discrimination and without any exception; and non reciprocal, i.e., non-reciprocal, whereby the developed countries shall grant unilaterally to the developing countries special tariff concessions without requiring developing countries to grant equal concessions.

8. A and B signed a treaty on tariffs on agricultural textile imports in 2004, and the tariffs imposed by country A on country B's textile imports did not exceed 25%. In April 2005, the government of country A enacted legislation through its own legislature to raise its tariffs on country B's textile imports to 50%, resulting in a serious damage to country B's textile exports. In retaliation, State B imposed economic sanctions on State A. In June 2004, it sent troops to occupy the ports of State A and blockaded commercial vessels for half a year, and State A sent its troops to put up a strong resistance.

A. The government of State A made legislation to raise tariffs through the legislative process, which is a manifestation of a country's exercise of national sovereignty, and its practice is in line with the basic principles of international law

B. The economic sanctions imposed by State B on State A are lawful countermeasures against State A's unlawful acts, and have the legitimacy and do not bear State responsibility

B. The economic sanctions against State A are lawful countermeasures against State A's unlawful acts, and have the legitimacy and do not bear State responsibility. B. State B's economic sanctions against State A are lawful countermeasures against State A's wrongful acts and do not entail State responsibility

C. State B's occupation of State A's ports is a lawful countermeasure against State A's internationally wrongful acts and does not entail State responsibility

D. State A's act of resistance violates the principle of the non-use of force in international law, and it should be held accountable for its wrongful acts

9. A certain enterprise has signed a labor contract with a certain person Zhang. After Zhang's work, the unit found that his severe myopia, because the type of work on the eyesight has strict requirements, Zhang should not be suitable for the work. The enterprise learned that Zhang in the hiring concealed the true situation of his eyesight, so the enterprise decided to terminate the labor contract with Zhang. Which of the following statements is correct?

A. Because Zhang is not competent for the work, the labor contract should be terminated

B. Because Zhang has been assessed and hired, the enterprise does not have the right to unilaterally terminate the labor contract

C. The labor contract should not be terminated, but should be changed

D. The labor contract is invalid, since the time of conclusion of the legal effect

10. The night of September 5, 2004 and friends in the Century Building (owner of the Century Hotel Co., Ltd.) Hongda Catering Company Limited, the second floor of the private dining room. The room adjacent to the fire escape, during the meal, Li heard a cell phone rings, that is, while answering the phone out of the room, to the room diagonally across the door three or four meters from the wooden fire escape door, and then disappeared. After searching, found that Li fell downstairs, has died. Upon investigation, it was found that the works outside the wooden fire escape had not been completed and there was no danger warning sign beside it. On this case there are the following statements, which is correct:

A. Hongda Catering Company did not exhaust the obligation of safety and security, there is fault, it should be liable

B. Century Hotel Company did not exhaust the obligation of safety and security, there is fault, it should be liable

C. Hongda Catering Company and the Century Hotel Company on the death of Li Mou are at fault, it should be Li's own failure to pay attention to the duty of death, should be responsible

D. Li's own failure to pay attention to the duty of death, should be responsible for their own

Multiple choice questions (***20 points, 30 minutes to complete)

1. The following law firms do not comply with the provisions of the law:

A. Due to changes in the partners, the original " A. Due to the change of partners, the original "Yang Li Wu Law Firm" is changed to "Yang Li Hu Law Firm" so as to announce to the clients the change of the internal responsibility bearer

B. Due to the need to expand the business of the law firm, a law firm has set up a reception office in City B. After six months of successful trials, it applies to the Judicial Bureau of the same place for the establishment of a branch office

2．

C. Wang graduated with a master's degree, in a law firm practice in all aspects of outstanding performance, after one year of internship to obtain the qualification to practice law, was promoted to the firm's partners

D. A law firm in order to expand the influence and increase visibility to the name of the law firm declared to participate in the international organization of lawyers, the other side of the review was approved

2.

A. Direct elections are practiced in the precincts of municipalities directly under the central government and in the precincts of cities where the provincial people's governments are located

B. Voter registration is carried out in accordance with the constituencies into which they are divided, and voter qualifications confirmed by registration are valid for one time, and voters have to be reregistered before each election

C. Mental illness patients, because they do not have full D. Local people's congresses above the county level in the election of delegates to the higher people's congresses, representative candidates are not limited to representatives of the people's congresses at that level

3. A Department of a local public security director, his daughter B and Wang fell in love with Wang, in order to prevent his daughter's relationship with Wang from further development, A use of the convenience of the post, sent people to listen to the phone calls between B and Wang, in order to "unlawful", "illegal", "illegal", "illegal", "illegal", "illegal", "illegal", "illegal", "illegal", "illegal", "illegal". In order to prevent the further development of the relationship between his daughter and Wang, A used the convenience of his position to send someone to listen to the phone calls between B and Wang and detained Wang for "illegal intrusion into the home". Wang's father, Ding, was not satisfied with the case and complained to the local government. In a fit of anger, A dismissed Ding, who was teaching in the local elementary school, through his connections. According to China's Constitution and relevant laws, which of Wang's rights as a citizen was violated by Li A's above behavior?

A. Freedom of communication and the right to legal protection of the secrecy of communication

B. The right to personal freedom

C. The right to labor

D. The right to file a complaint

4. Regarding the historical process of modernization of China's law, the following statement is correct:

A. China's modernization in the last century is clearly an exogenous type of modernization of the law. B. From imitation of the civil law system to the establishment of a socialist legal system with Chinese characteristics, while at the same time absorbing some of the experience of the common law system, such as trial procedures

C. Because of the lack of tradition of the rule of law, and the reality of the need to legislate, the modernization of the law was initiated in the form of legislation-led

D. The modernization of law is mainly based on the legislative-led

E. The modernization of law in China has been a process of the modernization of the law.

D. In general, the legal system changes in the front, the legal concept of renewal in the back, the ideological field of struggle

5. The implementation of the law refers to the law in the social life of the people to actually comply with the following options, belonging to the implementation of the law are:

A. The county traffic police on the violation of the road safety law of the motor vehicle driver Chen Mou to give a fine

B. A year ago, Wang Mou to Li Mou, a year after the death of the police officer. A year ago, Wang Mou borrowed 10,000 yuan from Li Mou to do business, and then Wang Mou went bankrupt and was unable to repay. In order to recover the money owed, Li sued the court, requiring Wang to repay the loan and pay interest of 500 yuan

C. "Billions of" Judicial Research Center to organize the domestic authority of the civil and commercial law experts on the property law (draft) for the argumentation, and to the Standing Committee of the National People's Congress, the Working Committee of the NPC legal system to put forward expert advice

D. A people's court mediated the contract dispute between Zhang Mou and Zhao Mou in a civil case in accordance with the law

6．Country A is a member of the Berne Convention, and according to the principle of national treatment established by the Berne Convention, for which of the following works should country A give national treatment?

A. State B is not a member of the Berne Convention, and Barker, a citizen of State B, published Philosophical Reflections on Law in State A and State B 20 days apart

B. Rooney, a stateless person, published his work, The Power of Art, in State A, but Rooney has neither a domicile nor a habitual residence in State A

C. State B is not a member of the Berne Convention, and Danny, a filmmaker, was not a member of the Berne Convention. Producer Danny to country A, the country's geography and geography of people attracted, so the use of the meeting of the three-month filming completed the "A country style overview"

D. Country B is not a member of the Berne Convention, country B, sculptor Hansen to country A during a trip to country A, a square in country A inspired by the inspiration, and created sculpture works of "dancers on the square"

7. country A and country B are the United Nations Convention on Contracts for the International Sale of Goods. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is a contracting state of both states A and B. Company C, with its place of business in state A, and company D, with its place of business in state B, are engaged in the sale of goods, and the following statements are in conformity with the Convention with respect to the applicability of the Convention to the parties, as well as the applicability of the choice of law of the Convention

B. C. C and D can agree in the contract to apply other laws so as to exclude the application of the Convention

C. C and D can choose Incoterms in the contract so as to exclude the application of the Convention

D. C and D can modify the contents of the Convention without any restrictions

8. Citizen Wang mou in country A driving trip, the country's citizens JIM hit and injured, thus causing a dispute. According to China's conflict of law provisions of torts, should be applied to the law of country A (tort). However, when there are more than two jurisdictions in country A, the case should be handled in accordance with which of the following methods?

A. Since China's law provides that the law of the place of infringement applies to the infringement, the law of the place where the infringement occurs should be applied directly

B. If there is a provision in the law of State A about adjusting the conflict of domestic laws, the law should continue to be determined in accordance with the guidance of the domestic law of the State

C. If the law of State A does not have a provision about adjusting the conflict of domestic laws, the law of State A (the place where the infringement occurred) should be applied. C. If there is no provision on the adjustment of domestic conflict of laws in the laws of country A, the rules on the adjustment of domestic conflict of laws in China should be used to determine the applicable law

D. If there is no provision on the adjustment of domestic conflict of laws in the laws of country A, the law of the region with the closest connection with the infringement of the rights of the people of the country should be applied directly

9. The British company A and the Chinese company B entered into a contract with a Chinese company B, to establish a Sino-foreign equity joint venture with the Chinese company. Sino-foreign joint venture. If a dispute arises between the two companies, in accordance with the provisions of Chinese law, the following statements are correct options?

A. The case can be under the jurisdiction of the British courts, the application of British law

B. The case must be under the jurisdiction of the Chinese courts, the application of Chinese law

C. The case can be arbitrated by foreign arbitration institutions, but must be applied to the Chinese law

D. The case can be arbitrated by a foreign arbitration institution, the application of foreign law agreed by the parties

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10. The following statements about the auction, is incorrect:

A. The State Economic and Trade Commission is the national auction industry supervision and management departments; provinces, autonomous regions, municipalities directly under the Central People's Government and the people's government of the municipalities responsible for the management of the auction industry within the administrative region of the auction industry to carry out supervision and management

B. State administrative organs confiscated in accordance with law B. Articles confiscated by the state administrative organs in accordance with the law, offset taxes, fines and other articles, in accordance with the provisions of the State Council should be entrusted to the auction, the municipal people's government of the location of the property designated by the auctioneer auction

C. China's Auction Law stipulates that the auctioneer should be to the bidders to explain the defects of the subject matter of the auction. Therefore, if the auctioneer declares before the auction that he cannot guarantee the authenticity or quality of the subject of the auction, he is not liable for the defects guarantee.

D. Auction enterprises operating cultural relics auction, there should be more than 5 million yuan of registered capital, there are personnel with professional knowledge of cultural relics auction

Indefinite multiple choice questions (***8 points, 10 minutes to complete)

1. A and China are both signed in The Hague in 1965, "on the judicial instruments of civil or commercial matters and extrajudicial instruments served abroad The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, 1965. The court of State A now serves a number of judicial documents on the Nanjing-based Dongling Company in accordance with the Convention. According to the Convention and the relevant provisions of China, which of the following judgments is wrong?

A. These judicial documents should be sent directly to the Ministry of Justice of China by the embassy or consulate of State A in China

B. Upon receipt of the judicial documents transmitted by the Ministry of Justice, the People's Court executing the service shall refuse to execute the request for service by State A if it finds that the subject matter of the litigation involved in the judicial documents falls within the exclusive jurisdiction of the courts of China

C. The People's Court executing the service shall refuse to execute the request for service if it finds that the date fixed for the appearance has expired, then the People's Court shall refuse to execute the request. C. If the People's Court finds that the date set for the court appearance has expired, it should return the judicial documents and not serve them on Dongling Company

D. If Dongling Company receives the judicial documents from the People's Court and finds that the documents are only in English, it can refuse to accept them

A certain city, A and B factories are producing a kind of "Memory Enhancement Device" products. The quality of factory A's products is better than that of factory B's. The quality of factory A's products is much better than factory B's products, and therefore its market share is much higher than factory B. Wang is a technical staff of the factory. Mr. Wang is a technician of Factory A. Factory B in order to increase the factory's market share, paid Wang a large amount of "technical consulting fees", access to the factory's technical secrets provided by him. Factory B used these technologies to improve its products. At the same time, Factory B released advertisements on local TV stations, claiming that the memory enhancers produced by the factory were fast and reliable, and that the quality of similar products produced by other manufacturers was not guaranteed, and calling on consumers to beware. In addition, Factory B also lured the buyers of several large shopping malls in the city to stop purchasing Factory A's products with high rebates. The city consumer Li and others in the use of Factory B products for a period of time, not only did not enhance the memory, but also appeared neurasthenia symptoms. Li and others, with the assistance of the TV station, reflected the situation to Factory B. Factory B subsequently found that the technical information provided by Wang Mou of Factory A lacked several key technologies, resulting in quality defects in Factory B's products. Please answer the following 2-4 questions.

2. Factory B's following behavior, which constitutes unfair competition?

A. Paying bribes to the staff of Company A to obtain the technical secrets of Factory A

B. Paying bribes to the purchasing staff of large shopping malls in the city to make them purchase only Factory B's products

C. Publishing misleading and false propaganda in TV advertisements

D. Spreading false facts in TV advertisements to harm the reputation of competitors

3．Which of the following is true of Wang's behavior?

A. Wang did not provide complete technical information of factory A, but to obtain factory B, constituting fraud

B. Factory A can terminate the labor contract with Wang, and without prior notice to Wang

C. Factory A has the right to demand compensation for the loss of Wang

D. Factory B has the right to demand that Wang return the "technical consulting fee. "

4．Which of the following opinions is correct about the right of consumer Li and others to claim damages?

A. The right to claim compensation from Factory B for the losses they suffered

B. The right to claim compensation from the local TV station for the losses they suffered

C. The right to claim compensation from the shopping mall that sells Factory B's products

D. The right to claim compensation from Wang Mou for the losses they suffered

Reference Answer

Single Choice Questions 1.B 2. D 3.C 4.A 5.C 6.C 7.C 8.B 9.D 10.C

Multiple Choice 1.ABCD 2.AD 3.AB 4.