The constitution of formative assessment. Reference answer  

 

             

A, determine the title (2 points for each question, a total of 20 points   

 1, in essence, the constitution is the concentrated expression of the will and interests of the broad masses of the people. (error)             

2, the constitution refers to the adjustment of constitutional relation, has the legal effect of constitution. The constitution as a legal norm, and other legal norms in function is not consistent, that is on the other kinds of social relations adjustment. (error

 3, in the implementation of the statute law countries, according to the principle of "stare decisis", the court's constitutional cases, especially the Supreme Court case, has the role of norms for the lower court. (error

4, the implementation of the system origin of judicial supervision in American constitution, and reference to other countries. Correct.

 5, the socialist countries due to the implementation of the principle of democratic centralism, general provisions of the highest organ of state power has not only the legislative functions, and shall supervise the implementation of the constitution of the responsibility system. Correct.

 6, the British constitution is written law constitution, this is the development of progressive decision. (error)

7, "provisional constitution of the Republic of China" is Xin Hai revolution victory, Chinese constitutional history is only a bourgeois constitutional documents, but also China brilliant crystallization of bourgeois constitutionalism movement. Correct.

 8, 1931 at the first National Congress of the Soviet Jiangxi held in Ruijin, through the "outline of China Soviet republic constitution", and later by the 1934 January meeting of the second congress made some changes, has promulgated. This is the first China from the history of the people's Congress formally adopted and promulgated the implementation of constitutional documents. Correct.

9, the nature of the state is the abstract generalization of the nature of a country, the core problem is the right of state ownership. (error)

 10, at the present stage of China's patriotic united front includes two range political alliance: an alliance of the workers and the peasants; another is composed of workers all socialist and support socialism to workers, farmers, intellectuals as the main body of the Patriot political alliance. (error)

Two, choice

1, the implementation of the constitution supervision includes the following contents (A, B, D) A, review the constitutionality of laws, regulations and normative legal documents. B, review the constitutionality of state organs and their staff behavior. Constitutional review of C, citizenship behavior. The constitutionality review D, political parties, social organizations and other behavior.

The people's democratic dictatorship in China, 2, (C) the dictatorship of the proletariat. A, B, C, the form is essentially D, not

3, after the people's Republic of China promulgated a (C) A, two B, three C the Constitution Constitution, the four constitution, the five constitution of D

4, according to the procedures of effect of constitution and modification of different, can be divided into: the Constitution (B) A, a written constitution and the unwritten constitution B, rigid constitution and flexible constitution C, version of the Constitution and the Civil Constitution made D, ideal and reality the Constitution Constitution

 5, China history promulgated the first constitutional law is (A) A, "imperial constitution outline" B, "" C, "Nineteen creeds provisional constitution of the Republic of China" D, "Republic of China Constitution"

The main functions of the 6, China people's Political Consultative Conference (A, C, D is A), political consultation and supervision, legislation, B C D, democratic supervision and participation

7, the history of France's first constitutional law is (B) A, "Declaration of independence" B, "Declaration of human rights," C, "Great Charter of liberties" D ", in 1791 the French constitution"

 8, (ABCD) belongs to the constitutional documents. A "," B "compulsory education law, the law on the protection of minors" C, "" D, "nationality law authorizing the State Council on economic reform and opening up can develop Interim Provisions or regulations", by the monarch and decision 9 people or elected parliament to negotiate common constitution, known as the agreement on the constitution. Judging by this definition, (B, D) the Constitution Constitution belongs to the agreement. A, 1889 "constitution" empire of Japan B, in 1689 the British "bill of rights" C, Italy constitution of 1848 D, 1830 the French constitution.

The interim government of Nanjing constitution document 10, led by Sun Zhongshan (B) is. A, "Republic of China Constitution" B, "provisional constitution of the Republic of China" C, "the constitution of the Republic of China" D "charter", five five

Three, small paper: the main function of constitution. Reference book P20 -- 23 is mainly from the following aspects of. The Constitution for the organization and norms of state power function. Role of law to protect the basic rights of citizens. The role of constitutional rule of law. The constitution to safeguard national unity.

 

Judgment questions (2 points for each question, 20 in total)

 1, the United Front has the same form and content in different historical periods. It is the working class (the Communist Party) for the leadership, and based on the worker peasant alliance includes all can be united under the different historical condition forces broad political alliance. (error)

2, overall, political parties and party system have a close relationship with the democratic constitutionalism, is a product of modern democratic constitutional development; on the other hand, promoted the development of modern democratic constitutionalism. Correct.

 3, human democratic election system pioneered by the bourgeoisie, and to the development of the socialism stage. Correct.

 4, many of the country's constitution and electoral law have established universal suffrage, universal suffrage is refers to the citizen is not especially restricted to participate in the election, the election is to a certain extent the electoral system. (error)

 5, China's electoral law shall be deprived of political rights of the people also enjoy the right to vote and be elected for right, this is decided by the nature of the state of our people's democratic dictatorship. (error)

 The provisions of 6, the electoral law of the National People's Congress: chaired the Standing Committee of the National People's Congress election. 7 (error), the classification of administrative regions in China is more complex, the existing administrative division under the constitution basically is "three", namely the province (autonomous region, municipality directly under the central government), county (Autonomous County, city), Xiang (nationality township, town). Correct.

8, administrative division in China by the end of 2002, a total of 32 provinces, autonomous regions, municipalities directly under the central government; the 656 city (except the municipality directly under the central government, 275 prefecture level cities, county-level city of 381); County, 1594 autonomous counties, autonomous banner flag, 52. National autonomous areas have the 5 autonomous regions, 30 autonomous prefectures, 116 autonomous counties, Autonomous Banner 3. The other 22 regions, 5 cities. Correct.

 9, if is the autonomous region, the organs of self-government should be autonomous regional people's Congress and its Standing Committee and the people's government. The autonomous region under the city, county people's Congress and the people's government is not autonomous organs. Correct.

10, the Special Administrative Region and general administrative regions, special. But in abiding by the constitution, is consistent with the general administrative region. (error)

Two, choice

1, according to the national power, political power organization form in modern countries is mainly (A, C) A, B, constitutional monarchy parliamentary constitutional monarchy, Republic of C D, the presidential system

2, the provisions of law of our country, the main rights of central government of the Special Administrative Region of: (A, B, C) A, the Central People's Government shall be responsible for the management of Special Administrative Region defense B, the NPC Standing Committee to amend, interpretation of the basic law of the Special Administrative Region right C, National People's Congress Standing Committee will have the right to decide special area a state of emergency, the Supreme People's Court on D enjoy the Special Administrative Region of the judicial power of final adjudication

3, the provisions of the constitution, the people exercise state power organs is (C, D) A, the Central People's government, the local government B people at all levels of C, D, National People's Congress and local people's congresses at various levels

 4, according to the provisions of the electoral law, (A, B, D) A, serious mental disease in patients with B, of being re education through labor C, was sentenced to life imprisonment and deprived of political rights for D, were sentenced to prison

 5, in accordance with the administrative domain for local system different, our local system can be divided into (A, C, D) A, ordinary local system B, C special economic zone system, the system of regional ethnic autonomy, the system of Special Administrative Region D

6, the National People's Congress is elected for a term of (B) A, 3 B, 5 C, 6 D, 8 years

7, our country "law of regional national autonomy" provisions, the ethnic autonomous areas are divided into (A, B, C, A, B) autonomous region, autonomous prefecture, county, autonomous C D townships

 8, China's Special Administrative Region, the Special Administrative Region (A, B, C, D) A, B, does not implement the system of socialism does not implement the socialist policies of C, maintain the capitalist system D, keeping the capitalist way of life

9, the provisions of the constitution is responsible to the National People's Congress has (B, C, D) A, President B, the State Council and the Central Military Commission, D C, the Supreme People's court and the Supreme People's

10, in A constituency in the elections of people's Congress, should participate in the election of the registered voters of 25000 people, the actual election voters in the constituency for 12350 people, three candidates Huang, Zhu and Wang finally obtain actual votes were 6250 votes, 3500 votes and 2600 votes. In accordance with the provisions of the electoral law of our country, who can be elected as deputies to the people's congresses ? (D) A, Huang B, Zhu C, Wang D, three person shall

Three, the small paper (60 points, more than 1200 words) theory basis and the legal basis on the establishment of a special administrative region of china. Reference materials P132 -- 133 content.

 

Homework three reference answer a constitution,

Judge a problem (every day 2 points, a total of 20 points)

 1, the public ownership of land is an important part of China's public ownership of the means of production. No organization or individual may encroach upon, the sale, lease or transfer in other forms. (error)

 One of the characteristics of the 2, private enterprises are private enterprises assets belong to private ownership. This is the essential difference between him and the state-owned enterprises and collective enterprises. Here said the private, is the number of people, rather than one. (error)

 3, according to the constitution, in December 29, 2001, the Ninth NPC Standing Committee passed the "the people's Republic of China family planning law". The law on September 1, 2002. This law is the fundamental law of our country the first to population and family planning work as the main content. Correct.

 4, pollution prevention, Protect environment is a part of the provisions of the constitution, as early as in 1978 China "constitution" had stipulated: "the state Protect environment and natural resources, prevent pollution and other public hazards." The constitution of 1982 to further improve the relevant content. Correct.

 In 5, the nationality law in various countries, there are usually two kinds of acquisition of the nationality of the ways: one is the birth of nationality, namely by birth and citizenship; another is the nationality, is due to the addition of the acquisition of nationality. Correct.

 6, one of the world's first human rights mentioned programmatic document and fundamental position is American "Declaration of human rights" of 1776, Marx called it "the first universal declaration of human rights", in the form of law affirms the bourgeois concept of human rights. (error)

 7, speech, publication, assembly, association, parade, demonstration of freedom includes the personal freedom and human dignity is not violated. (error)

8, according to the provisions of the constitution, our country citizen's personal freedom includes the personal freedom and human dignity is not violated. (error)

 9, "city residents committee organization law" and the "Village Committee Organization Law" the basic mass autonomous organization and the basic level people's Government of the relationship between the provisions. Correct.

10, China's national flag is the first plenary session of the Chinese people's Political Consultative Conference in September 27, 1949 Chinese by determined. Correct.

 Two, choice

1, the provisions of the constitution, shall serve no more than two consecutive with (A, C, D) A, President, vice president B, chairman of the Central Military Commission, vice president C, prime minister, Deputy Prime Minister D, chairman of the NPC Standing Committee, vice chairman

2, the citizen of the people's Republic of China Labor (D) A, B C, right, obligation of responsibility, rights and obligations of D

3, citizens of the people's Republic of China the inviolability of human dignity, the citizens are prohibited by any means (A, B, D) A, B, C, insult libel, slander and false accusations D

 4, the provisions of the constitution, the legal provisions in the range of (A, B) and other non-public sectors of the economy, is an important component part of the socialist market economy. A, the individual economy, private economy, B C D, mixed economy collective economy

5, people's Republic of China citizen education (D) A, B C, right, obligations, rights and obligations of the responsibility of D 6, the provisions of the constitution to the National People's Congress shall be responsible and report of (A, B, D) A, standing committee of National People's Congress, the State Council B C, the Central Military Commission D, the Supreme People's court and the Supreme People's Procuratorate

 7, the provisions of the constitution, state protects the lawful rights and interests of individual economy, private economy and other non-public sectors of the economy. And the State shall encourage the development, support and guide non-public economy of non-public economy a (B, C) A, B, C, help, guidance supervision management D

8, the law, except for the needs of state security or of criminal investigation, by (A, C) to examine communication in accordance with legal procedures, no organization or individual may, for any reason, infringe upon the freedom and privacy of communication. A, the public security organ, the state security organs of B C, the procuratorial organs, judicial organs of D

9, in our country, (A, C) of the seal shall have the design of the national emblem of the people's Republic of China? A, the people's courts at all levels and the people's Procuratorate B, township, nationality township, Town People's Congress Standing Committee and the people's government, the state of C, D, prison embassy Embassy

 During the period of the 10 National People's Congress, the Standing Committee of National People's Congress meeting, according to President of the Supreme People's court, can be (A, C, D) A, the Supreme People's court vice president B C, President of the higher people's court, the president of the military court in D, the Supreme People's court judges and judicial committee

Three, the small paper (60 points. The words above 1200) On human rights protection of the constitution. Reference materials P181 -- 184.

 

Job four the Constitution

 First, fill in the blanks (every day 1 points, a total of 14 points)

Form 1, the British unwritten constitution mainly works constitutional documents, constitutional conventions, constitutional law, authority of the scholars.

2, China's form of government is the people's Congress system.

3, each constituency can choose several electoral system called more constituencies or election district system.

4, the provisions of the constitution, the people's Republic of China is led by the working class and based on the worker peasant alliance, the socialist countries. 5, constitutional monarchy under king monarch or right restricted size different, generally can be divided into two binary system of constitutional monarchy and parliamentary constitutional monarchy system two.

6, the provisions of the constitution, any citizen except with the approval or by decision of a people's Procuratorate or the people's court decision, and executed by a public security organ shall not be liable to arrest.

Each term of office of 7, chairman, vice-chairman of people's Republic of China for five years, shall serve no more than two consecutive.

Two, choice

1, China's new period patriotic united front led by Chinese Communist Party, the democratic parties participate, including (A, B, C, D) broad patriotic united front. A, all socialist laborers B, builders of the socialist cause C, patriots supporting socialism, D, who support the reunification of the motherland

2, the world famous (D) is the first modern constitution, established the principle of federalism and two yuan a parliamentary republic. A B, the British constitution, American constitution C, French constitution, the constitution of Weimar D

To supervise the implementation of the constitution of 3, mainly in A (A B C D), preventive review B, C, D post review case review, constitutional complaint

4, the provisions of the constitution, the state in the public interest needs, can be imposed on land in accordance with the law (BCD) A, B, C, confiscated collection D, expropriation and compensation

5, the provisions of the constitution, the people's Republic of China, is led by the working class and based on the worker peasant Alliance (D). A B, the Communist countries, socialist countries C, the dictatorship of the proletariat socialist country D, the people's democratic dictatorship socialist country

6, in the state of slavery, once practiced three kinds of political power organization form, namely (A, C, D). A, B, C monarchy constitutional monarchy, the nobility of the Republic, the Democratic Republic of D

7, the provisions of the constitution, the people's court, the people's procuratorates and the public security organs to handle criminal cases, should be (A, B, C), in order to ensure the correct and effective enforcement of the law. A, the division responsible for B, C, D cooperate with each other mutual restraint, mutual supervision

8, in the presidential system in the country, (A, B, C). A, the president is the head of state, the president is president of C B, the head of the government is directly responsible to the voters, President of the parliament for D

Three, short answer questions (6 points for each question, a total of 30 points) 1, the modern constitution produce conditions? P30 -- 32 answer: (1) the modern bourgeois constitution is the inevitable result of the development of capitalist commodity economy, the commodity economy is the economic conditions of the constitution. (2) the bourgeois revolution and the victory of the bourgeois democratic system was established bourgeois constitutional politics. (3) to "natural rights", "separation of the three powers" and "rule of law" as the content of the bourgeois Enlightenment thinkers is the modern constitution produce theory. (4) increased the legal department, legal form of differentiation and the various legal departments at a higher level and unified legal constitution can be produced.

2, the equality of our civil rights and obligations in what aspects? P203 answer: (1) the citizens have the rights and obligations of equality, namely our country citizens regardless of nationality, race, sex, occupation, family background, religious belief, education, property status, living life, all enjoy equal rights under the Constitution and the law, are equal to fulfill the provisions of the Constitution and the law of obligations. (2) state organs in the application of the law on citizens are equal, any legitimate rights of citizens, is equal to. (3) the state does not allow any organizations and individuals beyond the Constitution and the law on the privilege, everyone must be in the range of constitution and law.

3, the principle of democratic centralism in China's people's Congress System in what aspects? P97 answer: (1) from the people's congresses of relations with the people's point of view, the people are the masters of the country, the people's congresses at various levels in China by the people through the direct election of deputies or indirectly elected consisting of. (2) from the representative of the people's Congress and other organs of state power relations, the National People's Congress and the local people's congresses unity constitutes our power state organs. (3) the relationship between the central state organs and the local state organs at the central and local state organs, division of powers, followed in the unified leadership of the central government, give full play to local initiative, enthusiasm principle.

4, the Special Administrative Region of China which enjoyed a high degree of autonomy? P135 answer: (1) the existing political system unchanged in fixed time period, not the socialist system and policies, also do not change in the form of political organization. (2) the original economic system and way of life in a certain period of time. "Hongkong Special Administrative Region shall protect the right of private property", the private ownership and market economy. (3) have the administrative and legislative powers, an independent judiciary, financial independence. (4) Special Administrative Region of the Central People's Government in accordance with the scope of authority, responsible for the foreign affairs relating to the basic law. (5) in addition to fly the national flag, national emblem, can use a special administrative region of the regional flag, emblem. (6) the other powers of the National People's Congress and its Standing Committee and the Central People's government granted.

What are the original Principle 5, the electoral system of China? P109 -- 114 answer: (1) the principle of universality of the right to vote (2) the principle of equality and the right to vote (3) direct and indirect election and with the principle of (4) the secret ballot principle (5) shall supervise and dismiss voters on behalf of the principle (6) election material guarantee and legal protection principle. Four, the small paper (40 points, more than 1200 words). On supervising the implementation of constitution. Reference materials P24 -- 29