Review the procedure law and guidance

 Attached: the following review reference problem only as a review of reference, not as a test basis.


Reference question in review

A, single choice

1, to solve the crime the defendant or criminal suspect and criminal responsibility for the content of the litigation activities ().

A criminal procedure               B administrative litigation

C civil litigation               D economic litigation

2, on the application of summary procedures in the trial of criminal cases, which of the following statements are true?   )

A the defendant can not appear in court

B can be composed of people's assessors sole judge

C's Procuratorate may send its personnel to the court, also can not send its personnel to the court

D may not be subject to the criminal procedure law to listen to the last statement by defendant restrictions on

3, have the right to decide the president of the court to avoid tissue ().

A NPC Standing Committee             The B Committee of political science and law

C procuratorial committee             The D trial committee

4, in the criminal procedure of our country, the burden of proof is mainly composed of (a case of private prosecution) bear.

A people's court               B defendant

C witness                    D private prosecutor

Coercive measures under the criminal procedure law does not belong to the 5, the following is the ().

A summons                    B bail

C residential surveillance                D confinement

6, in the criminal procedure, the procedure of second instance of the first trial practice (Principle.

A comprehensive review               B thorough investigation

C written review               The D trial

7, the appraisal conclusion is ().

A testimonial evidence                B physical evidence

C witness testimony                D documentary

8, only by (arrest  The execution).

A the public security organs                B procuratorial organs

C judicial organs                D prison

9, the defendant in May 22nd received a penal sentence, he may, in the late (  Before you can appeal).

A5 month 31 days               B6 month 1 days

C6 month 2 days                D6 month 3 days

10, the criminal suspect of investigators question, should (  ).

A truthfully answer               The B statement

C kept quiet               D does not answer

11, the court should be (members  ).

A singular                   The B dual

C even                   At least one D

12, a serious injury caused by B, to collect the following evidence, which belongs to the direct evidence, which is also belongs to the original evidence? ()

A has victim blood Dagger

B witnesses saw blood a body, from the scene out of testimony

Conclusion C dagger on left fingerprints and a fingerprint of the same

D B to a hurt yourself process statement

The basic organization form 13, the people's court trial of a criminal case is ().

A single judge                     B, a collegial panel

The C trial committee                 D Criminal Tribunal

14, according to the provisions of the criminal procedure law, criminal investigation, criminal detention, arrest, pre-trial by (Be responsible for.

A the public security organs                   B people's Procuratorate

C people's court                   D prison

The ordinary criminal case 15, may be sentenced to life imprisonment, the death penalty in the first instance, by (Trial.

A the basic people's court                B intermediate people's court

C senior people's court               D, the Supreme People's court

16, () responsible for the spy case investigation work.

A the public security organs                    B a state security organ

C procuratorial organs                    D of the judicial administrative organs

17, the criminal proceedings in our country, the burden of proof in cases of public prosecution is mainly composed of () bear.

A victim                     B defendant

C witness                       D prosecution

18, the public security organs of the detainee shall, after the detention () hours of interrogation.

A 12                         B 24

C 36                         D 48

19, the public security organ or the murder scene, extracted a dagger inserted in the victim's chest. Evidence from the classification point of view, the knife belongs to which of the following? (  )

Direct evidence of the original evidence, A           B evidence passed, indirect evidence

Direct physical evidence, C evidence           D original evidence, indirect evidence

In 20, Yang was charged with murder trial, the public prosecutor to produce a deceased daughter a high (primary school, 9 years old) testimony. A high card said, Yang is the cousin, on the night of the murder, she saw Yang knife killed his father. Which of the following statements is true?   )

A because of a high young, their testimony is not presented as evidence

B for a high on the evidence of the fact that has distinguishing ability, the testimony can be presented as evidence

C a must to appear as a witness, otherwise the testimony is not presented as evidence

D a high interested, the testimony can not be taken as a basis

21, do not open the trial of the case, the judgment ().

A will not open                         B must be open

C can open                           D depending on the circumstances

22, to solve the people's Procuratorate, the public security organs and people's courts in criminal cases directly accepted the division of authority is ().

A functional jurisdiction                           The B trial jurisdiction

C area of jurisdiction                           D special jurisdiction

23, the following acts, which belongs to the necessary procedure for examination and prosecution is ().

A did the survey record                         B for the public security organs

C to the attorney general oral report                   D interrogation of criminal suspects

24, a staff of state organs Liu bribery 60000 yuan, (the case by) case.

A people's court                           B the public security organs

C people's Procuratorate                       D supervisory organs

25, 15 year old Zhang knife schoolmate Wang stabbed to death, the case shall be (  ).

A public trial                         B is not a public trial

C is generally not open trial                   D can open trial

26, a and B, suspected of common robbery. After the trial, the court of First Instance sentenced to a period of 3 years in prison, B for a period of 2 years. Procuratorate to a heavier punishment for mention counterappeal. A, B are no appeal. With regard to the case of the second instance procedure, which of the following statements are true? (  )

The A trial court only review the problem a

The court of the second instance trial can not B

C B should attend the court investigation

If D is changed, the court of second instance may aggravate B punishment

27, Wang suspicion of revenge against crime investigation, found responsible for this case investigators Liu and his neighbors, the two had a dispute, then apply for Liu to avoid. For Liu's withdrawal who should decide?   )

Director A Public Security Bureau                      B's Procuratorate

C, the president of the court                   D procuratorial committee

28, the people's court within the system between the upper and lower levels, is a kind of processing cases ().

A administrative relation                     The B trial supervision relationship

C led the relationship                   D independent relationship

29, the suspect, the defendant's fundamental rights is ().

A's right of appeal                               B defense right

C is a right of appeal                               D the right to sue

30, Lee lived in a county, in the county B after the theft fled to C, Ding County, robbery, and the victim will be killed. Ding county public security organs cracked the case, and Li Mou arrested. The case shall be made by the () trial.

A a county court                             B B County Court

C C City Intermediate People's court                             D Ding County Court

31, the parties and their legal representatives called (avoidance).

The A instruction to avoid                             B voluntarily withdraw

C application for withdrawal                             D forced withdrawal

32, the harm behavior, unless the parties, there are 4 people present, not 4 people witness is ().

A is a blind                             B B is a deaf mute

C C 10 years old students

D Ding is schizophrenia, shortly before the injury of others, but the court verdict does not bear criminal responsibility

33, the people's court in a case of public prosecution review belongs to ().

A set after the first trial                             B sentence first

The C entity review                             D program review

34, which of the following proofs belong to direct evidence? (  )

A Han a murder case, to prove the defendant to the scene of the testimony of witness

B Ma theft, the victim Chen statements about crime to cause material damage

C high an arson case, that the fire department due to electrical short circuit video

D Wu poisonings, proof of identification conclusion fingerprint and field to extract the defendant with a fingerprint

35, the people's court cases, the ().

A four at three levels                          B three level court system

C four level court system                          D two-tier trial system

36, for handling the cases of bribery investigation personnel shall apply for withdrawal, (  Decision.

A Public Security Bureau                            B attorney

C, the president of the court                            D procuratorial committee

37, bail shall not exceed (  ).

A 6 months                              B 8 months

C 12 months                             D 18 months

The 38, which one of the following options do not belong to the physical evidence? ( )

A murder on-the-spot examination transcripts

The books that embezzles corruption case in B

Proof of identification conclusion the mental state of C rape case

Prove the injury surveillance video process of D in the case of injury

39, on the lower level people's Procuratorate, the working relationship is (in).

The relationship between A instruction and guidance                  B the relationship between supervision and being supervised

C led the relationship                  D independent relationship

40, the following cases, does not belong to the jurisdiction of the intermediate people's court has ().

A cases endangering State Security                    B may be sentenced to life imprisonment, the death penalty cases

C Chinese foreigner crime            D alien crime

In the acceptance of criminal cases of first instance scope of the division between the 41, several people's courts at the same level, called ().

A area of jurisdiction                             B jurisdiction  

C special jurisdiction                            D functional jurisdiction

42, the people's Procuratorate in the review itself has concluded its investigation of a case, if a crime suspect should not be investigated for criminal liability, it shall ().

A immunity from prosecution                            B not to prosecute

C acquitted                            D to withdraw the case

By 43, China (The prosecution mechanism).

A the right to sue the state monopoly                     B no tell also trial

C public prosecution, private prosecution as supplementary                   D private prosecution, public prosecution as supplement

The 44, which one of the following cases should not be performed by the people's Procuratorate to direct investigation? (  )

A export tax rebate fraud case                       B bribery case

C dividing the state-owned assets                       D play favouritism and commit irregularities did not sign, less tax case

45, city people's Procuratorate in handling major cases of corruption in the process, the decision to arrest suspect gao. Responsible for the implementation of the security personnel carrying out the arrest and found a high has fled, the people's Procuratorate decides wanted a high. In this case, have the right to arrest warrant issued what authority? (  )

A City People's Procuratorate                         B City People's court
C, the state security organs                       D municipal public security organs

46, the victim in the dying to save his doctor Weimou tells suffered criminals fact, in the process of lawsuit on doctor Weimou testimony to the judicial organ. According to the theory of criminal evidence, the doctor Weimou testimony belongs to what type of evidence? (  )
A verbal evidence, the original evidence, direct evidence, evidence of guilt
B verbal evidence, evidence passed, direct evidence, evidence of guilt
C verbal evidence, the original evidence, indirect evidence, evidence of innocence
D physical evidence, evidence passed, direct evidence, evidence of guilt

47, the compulsory summon time shall not exceed (   ) hours.

A 6              B 12               C 24                  D 48

48, the Zhao sisters because of property disputes to the court, the sudden death of litigation Zhao suffer from heart disease, I do not know whether the heir to participate in litigation, litigation should ( ).
A the end           B extension              C stop                D re registration

49, the court in the review of civil prosecution, the prosecution that has exceeded the limitation of action, in this case, the people's court shall (   ).

A notify the parties concerned have exceeded the limitation of action, will not be accepted

The B ruled inadmissible

The C shall accept the application, after hearing that exceeded the limitation of action, decision rejecting the petition

The D shall accept the application, after hearing that exceed the limitation of action, the court rejected the prosecution

50, the following cases may apply summary procedure is (  ).

A Wang sues Zhao debt dispute case, sued Zhao disappear without a trace

B Lee Mousu Wang infringement dispute case, find the facts of the case are clear, clear in the ordinary procedure process, less controversial

C Liu Mousu Kwak return owed rent 400 yuan, are ious for it

D Chen v. Luomou contract dispute case, has been the application of simple procedure in the end, we remand

51, in the civil litigation principles, from the criminal procedure is the most important symbol of (    ).

The A parties disposition                      B the parties dispute the importance of mediation

C the equal right of action                        D stressed that the circuit court, in situ cases

52, the court of second instance trial, the defendant files a counterclaim, the court mediation is not a counterclaim, judgement. The court of second instance of the violation of civil litigation in the (   ).

A open trial system                        B debate system     

C mediation system                             D two-tier appellate system

53, Qi a died, his seven sons by inheritance disputes to the court. Little son Qi seven told the son Qi Da violated his right of inheritance. After court, notify the other five sons to the Qi three, Qi four clear and waiver of substantive rights, not to participate in the proceedings; Qi two and five not stand Qi; Qi six willing to participate in litigation. Should be listed in this case (excuse me   ) for the plaintiff.

A Qi seven                   B Qi seven, Qi six

C Qi seven, Qi six, Qi two, Qi Wu  D Qi seven, Qi six, Qi two, Qi five, Qi three, Qi Si

54, Zhou and Lawyer Zhang entered into a principal-agent contract, contract, by Zhang sole agent. The lawyer has the right (   ).

A acknowledges that the litigant request        B filed a counterclaim

C and the other for reconciliation          D application of witness

55, in the dispute of tort compensation, the victim was damaged tape, which belongs to the (in lawsuit evidence    ).

A documentary                    B evidence

C audio-visual materials                D witness testimony

In civil cases of first instance in 56, apply the ordinary procedure of trial, the trial organization should take the form of (  ).

A judges sole judge

B can take a single system, can also take the collegial system

C must be in the collegiate system, and completely by a collegial panel of judges

D must be in the collegiate system, the collegial panel may have jurors participate in

57, one is a Hunan company staff, 2007 for the account from Hunan Changsha to Shanghai during the procedure, a man once lived in Nanjing for 10 months, in Hefei is ill in hospital for 1 years and 2 months. The B to a defendant to a lawsuit in the people's court shall, (  The jurisdiction of the court).

A Hunan Changsha                 B Shanghai

C Nanjing                     D Hefei

58, 2000 May, live in A city Tongcheng County man to B main office is located in Chaoyang District, the people's court sued B, Chaoyang District court accepted the case. 2000 October, approved by the B company, located in Shunchang district. In 2000 November, a household from Tongcheng County in C city. In this case, the people's court shall (a city in Chaoyang District  ).

A transferred to the city of Shunchang District People's court    B went on trial

C transferred to the city of C                  D by the city intermediate people's court for the designation of jurisdiction

The provisions of 59, in accordance with the law, civil litigation rights ability (   ).
Started when A was born                 B eighteen years old at the start of 

C since the ten year start             Start D from adult

60, of Book Agreement court mediation applicable service mode (  ).

A direct service                     B delivered to       

C served notice                    The D client service

61, according to the law, not as a witness who is (  ).

A persons deprived of political rights          B minor

Have a stake in C and the case of people        D cannot correct expression of the will and can not distinguish between right and wrong

62, because the tort lawsuit, by (   ).

A infringed parties under the jurisdiction of the people's court at the domicile
The jurisdiction of B infringement or the people's court at the domicile of the defendant
Under the jurisdiction of the people's court at the domicile of the C
Under the jurisdiction of the people's court for D

63, a from B to buy a cow. C that a purchase of cattle is the day before yesterday lost, to a demanding fail circumstances, request the court to order a cow. In the lawsuit, court notice B to participate in the proceedings. B is (   )

A co litigants                   B litigation representative  

C has the right to request an independent third party         D the third party without independent claim

64, if the parties apply for property preservation before litigation (  ).
A shall provide guaranty                 B can provide a guarantee 

C by the courts to decide whether to provide guarantee        D does not guarantee

65, Zhang San and Li Si are neighbors. In 1998 May, Zhang San sued to the court, asked Li four the loan 6000 yuan. After court, for summary trial by judge Wang Er. During the trial, Wang Er found that the case is complex, not simple loan disputes, but because the partnership to buy the machine caused by the dispute, the need for further investigation and documentary handwriting identification. In this case, how to handle a case? (   )

The A report to the dean is approved to extend the trial period

B the end of the summary procedure, inform the parties about the ordinary procedure of V.

C simple procedure directly to the ordinary procedure, the trial period shall be calculated separately

D simple procedure directly to the ordinary procedure, the trial period is calculated from the date of initiation

66, the driver Zhang Mou is the trade limited liability company drove on the way, He Lin bruises, Lin for medical expenses not if really, to the court, the plaintiff, the defendant in this case are respectively (  ).

A Zhang as the defendant, the plaintiff Lin

B geodetic trade limited liability company as a defendant, Lin for the plaintiff

C Zhang and Land Trading Co. Ltd. as a joint defendant, Lin for the plaintiff

D Zhang as the defendant, the land trade limited liability company and Lin co plaintiffs

67, Zhao Linsu Zhao Sen inheritance disputes case, Zhao Yong to the third party with independent claim to participate in litigation. The court of first instance shall make the decision, the parties to the judgment in the service, Zhao Lin was verbally expressed that does not appeal, but in the appeal period to the trial court submitted a petition; Zhao Sen was verbally appeal, but in the appeal period, not directly to the court of first instance to submit the petition, and in the first day the appeal to the post office before the expiry of the petition by registered way to the court of first instance, the court received the appeal, the appeal period has passed two days; Zhao Yong was spoken to appeal, but has not filed the petition. In this case, from a legal perspective, the decision appealed people (  ).

A Zhao Lin, Zhao Sen, Zhao Yong                    B Zhao Sen, Zhao Yong

C Zhao Lin, Zhao Sen                          D Zhao Lin, Zhao Yong

68, Wang and Zhao mediation by the Court reached the divorce agreement, mediation to Wang Mou after receipt, Wang Mou mediation relating to property in the book back, only to the court (   ).

A appeal             B be prosecuted        The C complaint             D re mediation

69, the following (  ) the case, the people's court shall not open trial.

A A and B of divorce cases, the parties do not apply for an open trial

B in a state security organ of the plaintiff's property dispute case

C John Doe v. B commercial secret infringement compensation dispute

Paternity disputes D a star child case

70, our country civil case jurisdiction by (     ).
A judges to exercise                           B collegiate exercise

C Civil Tribunal exercise                       D people's court

71, a people's court mediation of civil disputes between a and B to make processing, and in April 3, 2001 made a mediation agreement. In April 6th the same year the mediation to a sign; the next day mediation to B. In this case the mediation book (effective date  ).

A 2001 year in April 3rd                      B April 6, 2001 

C 2001 year in April 7th                      D April 21, 2001

72, because the real estate dispute lawsuit, by (     ).
A does not move the seat of the court jurisdiction                 B the location of the jurisdiction of the court
Under the jurisdiction of the courts in the location of C                   The D agreement of the parties to determine the jurisdiction of the court

73, Zhang Yi, two brothers since five in downtown housing ownership disputes, to the court, their cousin Liu Yu asked to participate in the proceedings, think that five rooms should be all to all, Liu Yu is the case (  ).
A co plaintiff                             B co defendant 

C has the right to request an independent third party                 D the third party without independent claim

The occurrence of medical disputes, 74 patients a and a hospital. A think because the hospital diagnosis, cause the disease did not receive timely treatment, causing mental or property damage, reason to forensic to lodge a complaint, hospital should bear corresponding civil liability. A proposed chart and the X optical film preservation in the hospital, as long as the hospital show medical history and X ray can prove that the hospital was responsible. Put forward a hypothesis hospital records and other relevant data because the hospital staff safekeeping lost, unable to provide, the following (  Correct.

A the plaintiff can not provide other evidence that the hospital has the responsibility, the plaintiff should bear the consequences of the losing

B court without considering the medical record and other relevant data of the evidence, according to the facts of other relevant evidence

C due to the medical record and other relevant data stored in the hospital, in the hospital refuses to provide the information, the court can view the establishment of presumption

D court judgment in ascertaining the facts, only based on the case, if the data is lost, leading to the main facts of cases is not clear, the court shall adjourn

75, the defendant by the people's court with a legal summons, refuses to appear in court or withdraw from the (   ).
A court to summon                     B court shall adjourn

C court may make a judgment by default                     D court should be considered as withdrawn

Two, multiple choice questions

1, the following organs have the criminal investigation power is (      ).

A people's Procuratorate                B the security departments of the army

C prison                      D people's court

2, the following case, belonging to the jurisdiction of the intermediate people's court cases (      ).

A cases endangering State Security

Ordinary criminal cases B may be sentenced to life imprisonment, the death penalty

C Chinese foreigner crime

D alien crime

3, avoid the reason (      ).

A is a party to the case             B is a party to the case of close relatives

C I have interest in the case       D served as the case of the witnesses, authenticators, Defender

4, China's local people's courts at various levels are divided into (      ).

A senior people's court                 B intermediate people's court

C the basic people's court                  D military court

5, any of the following circumstances judges, procurators and investigators, should be avoided (       ).

A meet the defendant, in violation of the provisions of the criminal suspect       

B meet the defendant, criminal suspects commissioned in violation of the provisions of the people

C met with the victim, in violation of the provisions of private prosecution or the entrusted person

D accepts the victim, private prosecutor or the entrusted people treat or gift

Type 6, not to prosecute a (       ).

A legal non prosecution                  B nonprosecution

C authorization not to prosecute                  D discretionary non prosecution

The people's Court of first instance trial of 7, in violation of the legal procedures, the people's Court of second instance trial shall rescind the original judgment, the people's court has sent new trial (       ).

A open trial over 14 criminal cases of minors under the age of 16

B violating the withdrawal system

C trial organization is illegal

D violating the legal procedure, which may affect the fair trial

8, the people's court directly accept cases (    ).

A victim has evidence to prove that they are minor criminal cases

B tell just processing case

C people's court found it necessary to accept the case

D victim has evidence to prove that the infringement of their personal rights, property rights of the defendant's conduct should be investigated for criminal responsibility according to the law, and the public security organ or the people's Procuratorate shall not be investigated for criminal responsibility in the defendant's case

Characteristics of 9, evidence of a (    ).

A objectivity                               B timeliness

The C legitimacy                               D Association

10, applicable to appeal not infliction principle, (      ).

A joint crime, only the part of the defendants appeal, can aggravate other criminal punishment on the defendant

B joint crime, only the part of the defendants appeal, not can aggravate other co accused penalty

C facts are clear, the evidence, but the lighter case, shall not be remanded to unclear facts or grounds of insufficient evidence, covert aggravating the punishment

Case D the private prosecutor proposed, not subject to appeal not infliction restrictions

11, the crime (including      ).

The implementation of A crime                       B crime prepared

C the result of crime occurrence                       The D property

13, the case facts are clear, evidence really fully means (      ).

A according to the verdict evidence has been verified

B the facts of the case are the necessary evidence to prove it

The contradiction between the C evidence, evidence and the facts of the case are reasonably excluded

D proof of the facts of the case is the only, excluding other possibilities

12, the people's Procuratorate believes that the suspect (     ), shall make a decision to initiate a prosecution.

A criminal facts have been ascertained                   There is ample evidence of B

C shall be investigated for criminal responsibility according to law               D has paid for the victim's loss

14, our court criminal trial organization (      ).

A single judge                             B, a collegial panel

The C trial committee                         D Criminal Tribunal

15, the following cases by the people's Procuratorate, the case on file for investigation is (      ).

A corruption and bribery cases                   

B national staff malfeasance case

C state functionary violate the civil rights case

D state functionary encroaches upon the citizen personal rights

16, applicable to avoid litigation participants (      ).

A witness                                B defender

C identification                              The D translator

17, the public security organ arrest should also have (      ).

A major criminal facts have been ascertained                B has evidence to prove the facts of the crime

C may be sentenced penalty above            D after committing a crime to risk Dutch act, escape or fugitive

18, which of the following circumstances, which belongs to the violation of legal procedures, may influence the justice of the case judgment, the people's Court of second instance shall rescind the original judgment, back to the trial court for a retrial? (    )

A this trial judge, the court clerk shall avoid but not inevitable

B without trial and judgement

C is suitable for the common procedure of a party to the case without the summons and default judgement

D without a court debate

19, about the civil action proxy, which of the following statements is not true (    ).

A in all cases, the principal agent ad litem, can appear alone litigation by agent

The B delegate made the right agent, by the client to submit to the people's court authorization can be personally signed or sealed by the principal

C client based on the original general authorization, adding some authorization, shall inform the people's court in writing, and the withdrawal of some authorized, only verbally inform the people's court

D litigation agent change, the parties may inform the people's court in writing, can also be oral inform the people's court

20, the correct implementation of the civil litigation court conciliation principle, requirement (    ).

Are voluntary A the mediation activities and accept the mediation results

B parties to the mediation is voluntary, but after a mediation agreement is reached, the parties can not go in any case

C mediation must according to legal procedures

The D content of the mediation agreement may not violate the provisions of the law prohibited

21, embody the principle of civil litigation (    ).

The A client's civil rights and interests are violated, decided to go to court to resolve

After the start of B proceedings, the defendant to refute the claims of the plaintiff

C a party against the mediation

D after the first trial, the defendants appeal

22, in accordance with the relevant provisions of the civil procedure law, the people's court in the trial of the following (    ), may apply summary procedure.

A Zhang v. new development company disputes of patent right

B Qi sues Cai Mou loan dispute case remanded the case

C Lee Mousu Chen because of compensation for the infringement dispute case 150 yuan of damage the bicycle should be

D Zhao Mousu One's whereabouts is a mystery. Liu to return borrowed 1000 yuan case

23, the preservation of property Limited (    ).

A request                     The B property related to the case

C the only possessions                D accused of possession of the property

24, the intermediate people's courts shall have jurisdiction over the following civil cases of first instance (       ).

A maritime safety, maritime cases                 The B client is a major civil cases of foreigners

C relates to Hong Kong and Macao compatriots economic dispute cases

Determination of D by the Supreme People's court jurisdiction of the intermediate people's court case

25, according to the provisions of China's "civil law", the following (    ) are eligible to become a party to a civil action.

A psychiatric patients and children under the age of 10  B at least 10 years of age but minors under the age of 16

C at least 16 years of age and labor income citizens  D at least 18 years of age and normal citizens

26, song Chu and Sun Hua divorce mediation by the court, L County of K City, the parties reach an agreement on divorce, agreed to lift the relationship of marriage, and the receipt of the court mediation. In this case, the mediation book binding to both parties for (    ).

Lift the A parties marriage

B any of the parties shall go to court and Sue divorce problem

C neither party may appeal  

D any of the parties shall apply for a retrial divorce problem

27, a and B, two companies in the debt disputes, a company for preservation before litigation to the people's court. The people's court, with the seizure of the B company warehouse. But a company within the statutory time limit not to the people's court for company B. Company B for warehouse was closed and caused economic losses of 100000 yuan. On the case, the right way to have (    ).

A take the people's court shall cancel the seizure of property preservation 

B B to take pre litigation preservation of court to rescind

C to take the pre litigation preservation of the court to require a compensation

The people's court where the D to a company's filed a lawsuit to a compensation

28, Lin Department of psychiatric patients, one day will be Zhang wounded. Zhang to the people's court, Lin Lin Lin was the father of agency action. Litigation status on the following link isn't correct (     ).

A Lim is a party to the case                     B Lim authorized agency Lin for all actions

C if Lim accidental death, the court shall terminate the action    D if Lim accidental death, the court shall suspend litigation

29, in the trial practice, the following are classified as simple civil cases in which summary procedure applies to cases (    ).

A both parties marriage time short, property dispute cases of divorce

B change the adoptive relationship, the two sides dispute not the case

C heritage and heirs scope clearly, dispute of inheritance cases small

D facts are clear, clear responsibility, the amount of compensation for the damage compensation cases

30, the following (     ) cases mediation agreement, the court can not mediation

A accused in the payment of 100000 yuan, the two sides to reach an agreement, the defendant within a month, the plaintiff does not require the defendant to pay default payments of interest during the

B in the case of compensation for the defendant in foreign countries, to reach a compensation agreement with the plaintiff, agreed to pay in 3 months

The C support in the case of the two sides to reach an agreement, the plaintiff applies for withdrawal of the case

D adoption in the case of an agreement between the two parties, maintaining the adoptive relationship

31, the plaintiff to provide the court with the defendant to the plaintiff a written loan 5000 yuan, belong to in lawsuit evidence (    ).

A direct evidence           B documentary            C evidence               D this credit

32, according to the provisions of China's "civil law", can include withdrawal treatment conditions (      ).
A the defendant did not appear in court or withdraw from the                B. the third party without independent claim not to appear in court
C plaintiff having been served with a summons, refuses to appear in court without justified reasons D the plaintiffs have to appear in court, but midway without permission by the court court
33, the civil litigant parties equality means (  ).

A civil litigant parties litigation status of the same

B civil litigation rights and obligations of both parties of the same

C civil litigant parties litigation rights are different, but the equal legal status

D civil procedural rights and obligations of both parties have a relative

34, in civil proceedings, judges avoidance mode (   ).

A collegiate bench to request him to withdraw                   B judges offered to avoid

C the parties apply for his withdrawal                  D agent ad litem apply for his withdrawal

35, a people's court, requirement company B to pay the purchase price 600000 yuan, according to the case, in the (  ) case, the people's court shall make a judgment by default.

A B company by the court summons, refuses to appear in court without justified reasons

B is a company approved by the people's court summons, refuses to appear in court without justified reasons

C in the trial process, company B without justifiable reasons, withdraw from

D a company applies for withdrawal

 

 


 

Three, question and answer:

1, criminal proceedings which features?

2, in the criminal procedure, witness testimony characteristics?

3, how to understand "the case facts are clear, the standard of proof, evidence to determine the full"?

4, legal non prosecution what circumstances?

5, the "appeal not infliction" principle content and shall comply with the provisions in the specific application.

6, in civil proceedings, parties to own the entity right of the mainly reflected in what areas?

7, please brief in civil litigation, the main content of the principle of equality.

Exception 8, please describe the civil public trial system.

9, please brief "Civil Procedure Law" provisions of the avoidance methods and conditions.

10, please brief summary procedure of civil litigation.

 

Four, case:

1, criminal litigation jurisdiction, level jurisdiction, appeal not infliction, the death penalty approval.

2, the criminal trial, the defendant could also questioned more than, witness can court to hear the case, on the comprehensive review of the order, ask the second principle.

3, criminal detention time, criminal litigation jurisdiction (to determine the unit), the scope of the trial court, juvenile cannot be sentenced to death, a public hearing (minors)

4, the summary procedure in civil litigation to the general procedures of how to change? How to calculate the trial program transformation? The plaintiff by subpoena do not appear in court can default judgment?

Jurisdiction 5, inheritance disputes, joint action in this type of cases additional, legal representatives to participate in the litigation status should belong to the legal agent instead of the parties, the jurisdiction of the court of tort.


The radio reference answer questions:

 

1, ACDDD

6, AAABA

11, ADBAB

16, BDBDB

21, BADCB

26, CBBBC

31, CDDCD

36, BCCCC

41, ADCBD

46, BBCCC

51, ADCDB

56, DABAA

61, DBDAD

66, CCCAD

71, CACCC

 

Multiple-choice answers:

1, ABCABDABCDABCABCD

6, ABDABCDABDACDBCD

11, ABCDABCDABCDABCABCD

16, CDBCDABCDACDACD

21, ABCDABDABABCDABCD

26, ABCACBDABCDCD

31, ABDCDCDBCDAC