15 Under theApproval authority column options which does not belong to the Autonomous County set?

A. State Council

B. of the National People's Congress

The Standing Committee of the National People's Congress on C.

The D. Provincial People's Congress

Answer.BCD

Venue: the authority

Analytical:According to the "constitution" article eighty-ninth (fifteen) regulation, the authority of approval: regional division of provinces, autonomous regions, municipalities directly under the central government, approve the establishment and geographic division of Autonomous Prefecture, county, Autonomous County, city.

16 The "Corpus Juris Civilis" to describe the error is?

A. will be the 535 year of the reign of Char J Martin Ni ~ 565 years promulgated the edict together and formed "Char J Martin Ni code"

B. was officially designated as "private law" is the "law" textbook compilation

C. "law" is the Rome state assembly by the first official statutes

D. "Corpus Juris Civilis" also known as the "Corpus Juris Civilis"

Answer.ABC

D: "Corpus Juris Civilis"

Analytical:(1) 535 ～ 565 year of the reign of Char J Martin Ni during the promulgation of decree from the pool is "Char J Martin Ni law"; (2) "institutiones" was officially designated as "private" textbook; (3) "Corpus Juris Civilis method" is Rome's master, but the first statute is "Twelve table. The D error, ABC was elected.

17 Which of the following does not belong to the legal norms under quasi use specification?

A. is not provided in the present regulation, application of the general principles of the civil law "the relevant provisions of the"

B. a party to the contract fails to perform the contract obligations in accordance with the contract, shall bear the liability for breach of contract

C. citizens shall enjoy the right of labor and rest

Measures for the registration administration of overseas state assets D. forces and sector specific, with reference to the present Measures shall be formulated by the relevant departments

Answer.BCD

D: apply rules

Analytical:According to the rule of law determine the content of the different, can be divided into deterministic rules, legal rules commission rules and apply rules. Apply rules refers to itself does not specify a specific contents of rules, but clearly defined can or should be in accordance with the, quote, reference other rules to the rules of the content to clear rules. So, only the A belongs to apply rules. BC is a deterministic rules, D is the Commission rules. Therefore, BCD was elected.

18 According to the Constitution and laws, which of the following acts constitute a violation of the Constitution?

A. National People's Congress authorized the Committee of civil codification

B. National People's Congress has authorized the State Council to make mandatory measures and penalties restricting personal freedom

To enact military rules and regulations C. Military Commission of the CPC Central Committee

The D. Standing Committee of National People's Congress changes made by the State Council, conflict with the Constitution and laws, administrative rules and regulations

Answer.ABCD

Venue: the legislative related

Analytical:"Legislative law" article eighth, the following matters can only make the law: (five) deprivation of the political rights of citizens, restriction of personal freedom of the mandatory measures and penalties; (seven) civil basic system; Ninth rules: the eighth article of this law matters not yet law, the National People's Congress and its Standing Committee have the right to make a decision to authorize the State Council may, according to actual needs, which, on some matters to the formulation of administrative regulations, but about crime and punishment, right of citizen political deprivation and restriction of personal freedom of the mandatory measures and penalties, judicial system etc.. "The constitution" of sixty-seventh, the National People's Congress Standing Committee shall exercise the following powers: (seven) revocation formulated by the State Council with the constitution, in contravention of the laws of administrative regulations, decisions and orders.

 

19 The system of inheritance in the Rome law description is correct?

A. includes statutory succession, testate succession two

B. Rome method inheritance experienced from the succession to the limited succession transition

C. testamentary succession, legal inheritance can also be used, but the conflict will inherit priority

Statutory succession D. statutory succession including civil law legal succession and the magistrate, and the former dominant

Answer.AB

D: Rome law system of inheritance

Analytical:C error will in Rome law inheritance and succession and not; statutory succession D fault in Rome law ruling, dominant.

20 The Nanjing National Government1947Years promulgated and implemented the "constitution of the Republic of China". Which of the following is the correct interpretation of the Constitution?

A. the law provides for election, recall, initiative, referendum system

The basic spirit of the law to follow the "B. law" the period of political tutelage and the five five constitution ""

C. the law embodies the principle of legislation to suppress war mobilization "Temporary Provisions"

D. the act established the regime is not the cabinet system, nor the president system

Answer.ABD

Point: "the constitution of the Republic of China"

Analytical:"The constitution of the Republic of China" a total of 14 chapters, provides the election, recall, initiative, referendum system; the basic spirit and the "constitution" and "the period of political tutelage the five five constitution" come down in one continuous line, but also has specific provisions on the change in the political system; neither fish nor fowl, namely non country system, cabinet system, and non presidential system; period of Communist Rebellion "Temporary Provisions" was enacted in 1948, the C error, ABD correctly.

21 The following are exempted from duties shall be requested to be?

A. three, engaged in attorney working for 3 years, the annual assessment in sequence for one year, a year, a good year for incompetence

B. Li Si, an area formerly the Deputy procurator general, later transferred to the Provincial Bureau deputy director

C. Wang Wu, due to the European Union training needs, learning for 6 months

D. sun six, voluntary resignation

Answer.ABD

Venue: the prosecutor to exempt from duties case

Analytical:Our country "prosecutor law" in article fourteenth should draw released from duty situation clearly stipulates: (a) lose the nationality of China; (two) out of the procuratorate; (three) job changes do not need to retain the original position; (four) after examination to determine the incompetent (five) due to health reasons not to perform their duties (six) Retired; (seven) the resignation or dismissal; (eight) because violate discipline, illegal crime cannot be. Therefore, the prosecutor with the above situation, we should draw from the office. Because in these cases, prosecutors and position, the work will have a negative effect or incompetent, leading the masses or other cadres do not trust the same. But, our country law also stipulates, procuratorate has the function of legal supervision, the procuratorial organs of the central task is through the exercise of prosecutorial power, security, and promoting the reform and opening up and modernization construction going smoothly. Strengthening legal supervision, concentrate on investigating corruption, malfeasance and the duty crime cases, in-depth development of anti-corruption struggle. If these shall be exempted from duty under the circumstances, do not apply for exemption, will affect the seriousness of the correct implementation and enforcement of the law, and also affect the process of the rule by law. so for option A annual assessment results, Zhang San a year as incompetent, should draw from its. This is with the procuratorial work of the sacred and seriousness of the match. for option B, Li Siyuan as deputy chief procurators, after transferred to the judicial authority, which belongs to the article fourteenth (two) of the Convention, is out of the procuratorate. for option D, sun six voluntary resignation application, according to the "prosecutor law" article fourteenth (seven) and the provisions of article forty-second can be obtained, the prosecutor asked to resign, should according to the procedures prescribed by law, to waive the. for option C, Wang five go abroad for training and learning, the work of a normal training plan within the scope of things, do not belong to the legal to exempt from duty. So the problem should be ABD.

22 According to the provisions of our constitution, which of the following statements about the constitutional supervision system, which is right?

The Standing Committee of the National People's Congress revoke A. on local regulations formulated by the provincial people's Congress to supervise afterwards

B. China's constitutional supervision system to the incidental review

The C. Standing Committee of the National People's Congress has the power to revoke the formulated by the State Council with the constitution, in contravention of the laws of administrative regulations

An autonomous decree approved by the Standing Committee of the National People's Congress of the D. belonging to the prior supervision

Answer.ACD

Venue: the constitutional supervision system

Analytical:To supervise, refers to the formulation in the laws, regulations and legal documents in the process or has not yet formally promulgated before, by the relevant authorities of the constitutional review; post supervision, refers to the implementation of laws, regulations and promulgated in legal documents, by the relevant authorities of the constitutional review. According to China's "legislative law" the provisions of Article 63, local laws and regulations formulated by the provincial people's Congress without the approval of the NPC Standing Committee, and the autonomous regulations require the approval of the NPC Standing committee. Therefore, A.D. The incidental review refers to the judicial authorities in the process of hearing a case, because of the laws and regulations, the applicable legal file is unconstitutional, the laws, regulations and legal documents for review of constitutionality. Chinese courts in adjudicating cases is not the power, therefore, the option B error. According to the "constitution" of sixty-seventh and "provisions of the legislation law" in article eighty-eighth, the Standing Committee of the National People's Congress has the power to revoke the formulated by the State Council with the constitution, in contravention of the laws of administrative regulations. Therefore, D.

23 China's constitution stipulates the subs president, description of the backup system of the following options which is right?

The chairman of the A. when the absence of the vice president agent

The chairman of the B. when the absence of the vice president succeeds

C. vice president by the National People's Congress election

The D. chair and vice chair of the election and not by the chairman of the National People's Congress agent

Answer.BCD

D: President subs

Analytical:"The constitution" stipulates that the eighty-fourth, when the people's Republic of China president, the vice president succeeds to the office. The vice president of the people's Republic of China falls vacant, the National People's Congress election. The vice president of the people's Republic of China, chairman of, from National People's Congress; prior to such election, the chairman of the Standing Committee of the National People's Congress long temporarily act as the president.

24 A district of Beijing city to hold direct election of people's deputies, which of the following subjects have the right to put forward candidates?
A. in the area of the Communist Party of China
B. in the area of the democratic parties
C. in the area of women's organizations
D.10 or more voters joint

Answer.ABCD

D: the proposed candidate

Analytical:"Election law" twenty-ninth specific requirements. Have the right to nominate candidates are: political parties; the people's organizations; voters or representatives of more than 10 joint. So the answer isABCD.

25 Student a and student B to discuss the concept of law, legal norms. Student a is the argument:1The concept of law and legal norms of the same, because the constituent elements of the law is equal to the components of legal norms;②All the law and the legal norms are expressed by the law;③The contents and the legal norms of the file called"Normative legal documents". Student B's argument:1Cannot factor method is equivalent to the components of legal norms;②Not all of the method showed the form of legal provisions, but the law is all expressed by the law;③The same legal norms can be described by a legal provision, can also be expressed through the plurality of legal provisions.
On the above analysis, the following options which is right?
    A. student a argument and the argument    

The argument to B. student a argument, and student B
Argument C. student B            

Argument D. student B

Answer.BCD
Point: the concept of legal norms

Analytical:(1) the elements of law is a law overall and interaction of the basic elements, including the rule of law, the legal concept and legal rules. So the argument the student a is wrong, the option A is not correct; the argument of student B is correct, the correct option C. (2) normative legal documents usually is the aggregate of many legal norms, is about a kind of or similar to several kinds of social relations shall focus on a generic name, through the common principles of legal texts, these have a strict logical relationship in this text. Normative legal documents in addition to the legal norms mainly in vitro, also include provisions of law principles, concepts, technical regulations and other content of non normative provisions. So the argument the student a is correct. (3) law is the behavior rule itself or the law, and the law is the external form of expression of legal norms, legal norms sometimes go through several legal provision is complete. So the students b argument is correct, the correct option B. (4) some of the customary law and not to the legal provisions of the form, so the argument student B II right, option D is correct.

26 According to the provisions of the Constitution and the law on regional ethnic autonomy, the system of regional ethnic autonomy mainly include the following contents:
A. all national autonomous areas are the people's Republic of China can not be separated parts
B. regional national autonomy to minority inhabit a region based
C. set up organs of self-government in the national autonomous areas
D. national autonomous government leaders are elected directly by minority people
    Answer.ABC
    Venue: the system of regional ethnic autonomy
    AnalyticalAccording to the relevant provisions of the law: the Constitution and the law on regional ethnic autonomy, the system of regional ethnic autonomy includes the following main contents: first, all national autonomous areas are the people's Republic of China can not be separated, the organs of self-government of the national organization of local are united under the leadership of the local organs of political power; second, the ethnic regional autonomous to minority areas as the basis, is a combination of ethnic autonomy and regional autonomy; third, establish the organ of self-government in the national autonomous areas, autonomous organs in addition to the organs of state power to exercise the constitutional authority, you can also exercise the wide autonomy in accordance with the law. Autonomous organs D item in the leader election should also follow the relevant provisions of the "election law", there is no special provisions. Therefore, ABC was elected.

27 According to the basic law of the Macao Special Administrative Region, which the court the following options to enjoy the right to interpret the basic law?
A. Macao court of Final Appeal  

B. Macao intermediate court  

C. Macao High Court  

D. Macao administrative court

Answer.ABCD
    Point: the power of interpretation of the basic law of the Macao Special Administrative Region

AnalyticalSee also: "the people's Republic of China" the basic law of the Macao Special Administrative Region of the 143rd: "the power of interpretation of this law which belongs to the National People's Congress Standing committee. The Standing Committee of the National People's Congress authorized the courts of the Macao Special Administrative Region to explain the provisions of this Law on scope of autonomy within the Macao Special Administrative Region in the course of the proceedings. Court of the Macao Special Administrative Region to other provisions of this Law in the hearing of cases can be used to explain the. But if the courts of the Macao special administrative region need to explain the provisions of this Law on the management of the Central People's government affairs or the relationship between central and the Macao Special Administrative Region in the course of the proceedings, and the interpretation of terms and affects the decision, make not the final ruling on the case, the court of final appeal for Macao Special Administrative Region to the National People's Congress Standing Committee to explain the relevant provisions. If the Standing Committee of the National People's Congress to explain, court of the Macao Special Administrative Region in reference to the provision, should be based on the Standing Committee of the National People's Congress and interpretation shall prevail. But before this decision is not affected. The National People's Congress Standing Committee before giving an interpretation of this law, for the basic law of Macao Special Administrative Region committee.

28 According to the provisions of the Constitution and laws of our country, which of the following statements is not true?

A. in order to collect "third party" evidence, citizens can be entrusted to private investigators to "third" for tracking in various forms
 B. in order to collect criminal evidence, citizens can monitor the communication commission of criminal suspects
 C. mall security personnel have the right according to the provisions of the shopping malls, on the spot inspection of the "theft suspects" search
 D. mall security personnel have the right to refuse to search customers take measures limiting personal freedom

Answer.ABCD

Test:The rights of citizens

Analytical:"People's Republic of China Constitution" thirty-seventh stipulates: "citizens of the people's Republic of China enjoy freedom of the people. Any citizen, except with the approval or by decision of a people's Procuratorate or by decision of a people's court, and executed by the public security organ, shall not be liable to arrest. Unlawful detention or deprivation or restriction of citizens in other illegal ways of personal freedom, unlawful search of the body of citizens." Article fortieth stipulates: "the freedom and privacy of correspondence of citizens of the people's Republic of China shall be protected by law. Except for the needs of state security or of criminal investigation, inspection of communication by the public security organ or the procuratorial organs in accordance with legal procedures, no organization or individual may, for any reason, violations of freedom and privacy of correspondence of citizens." Therefore, the option ABCD is wrong.

29 Which of the following does not belong to the complex constitution is?

A. constitution of the Third Republic of France

B. the constitution of the United States

C. constitution of people's Republic of China

D. UK in 1701 "law of succession to the throne"

Answer.BCD

D: classification of constitution

Analytical:Classification of constitution, refers to the division and summarized according to certain criteria of the constitution, the constitution has the standard is generally one or several attributes, the attribute, depending on the purpose of classification. From the logic classification method, the classification method and three points method with two other, written constitution and unwritten constitutions, rigid constitution and flexible constitution classification model is the dichotomy, and the people made constitution, imperial constitution and constitutional model agreement is three points method. The constitution is divided into a written constitution and the unwritten constitution, the British constitution classification method is first put forward by Bryce. According to Bryce's theory, the so-called law, also called the written constitution, is defined by one or several documents show the constitution; and the unwritten constitution, also called "common law constitution", the Constitution does not appear to be a written document written constitution, but scattered in the common law, custom and tradition. In 1875 enacted the constitution of the Third Republic of France, is composed of "organization", "the political organization law" and "power law" the three law which, unlike "the constitution of the United States", "people's Republic of China Constitution" code of constitution, constitution which is composed of several written file, called Double written constitution. The British constitution is generally considered a paradigm of unwritten constitution, the Constitution does not have the legal form of the fundamental law significance, effect of constitutional law and the general law is almost the same, the origin of statute law, common law, constitutional convention and constitutional scholars authoritative advice. The succession to the throne in 1701 "law" is the origin of law, is the constitutional document, but apparently not the so-called "double written constitution". Therefore, the correct option is BCD.

30 Which of the following errors which?
The Lawyer Liu is the National People's Congress, he at various meetings and voting, will not be investigated by law. ② Zhang this year 18 years old people's representative, he shall have the right to attend as voters autonomy the state Congress election. ③ local regulations refers to the people's congresses at various levels of local congress and its Standing Committee in accordance with the constitution, laws and administrative regulations, combined with the specific circumstances of the area, the standard of effective.

The A. II

The B. 1

C. II

The D. II

Answer.A

Test:Statutory authority, the right to vote, the local people's Congress

Analytical:"The National People's Congress of the people's Republic of China Law" forty-third article: members of the National People's Congress, the Standing Committee of the National People's Congress, speeches or votes at various meetings of the Standing Committee of the National People's Congress and the National People's Congress, will not be investigated by law, the error. Local regulations formulated subject is autonomous regions, municipalities directly under the central government of the people's Congress and its Standing Committee, the city people's Congress and its Standing Committee, so the error. Autonomous Prefecture of the election is the indirect election, Xiao Zhang is not necessarily right, so the error.

31 The Nanjing National Government1947Years promulgated and implemented the "constitution of the Republic of China". Which of the following is the correct interpretation of the Constitution?

A. the law provides for election, recall, initiative, referendum system

The basic spirit of the law to follow the "B. law" the period of political tutelage and the five five constitution ""

C. the law embodies the principle of legislation to suppress war mobilization "Temporary Provisions"

D. the act established the regime is not the cabinet system, nor the president system

Answer.ABD

Point: "the constitution of the Republic of China"

Analytical:"The constitution of the Republic of China" a total of 14 chapters, provides the election, recall, initiative, referendum system; the basic spirit and the "constitution" and "the period of political tutelage the five five constitution" come down in one continuous line, but also has specific provisions on the change in the political system; neither fish nor fowl, namely non country system, cabinet system, and non presidential system; period of Communist Rebellion "Temporary Provisions" was enacted in 1948, the C error, ABD correctly.

32 The relevant judicial official malfeasance crime in law have which of the following?

A. "is known not for" crime

B. "is not straight" crime

C. "vertical prison" crime

D. "punishment" crime

Answer.ABC

Venue: the law of Qin Dynasty of malfeasance crime

Analytical:Qin law prohibited the judicial officials favoritism or dereliction of duty. When a crime occurs, the officials must be prosecuted for criminal litigation, or constitute a "known" not for sin. According to the "tiger sleeping in the tomb of the Qin Bamboo Slips" contained, judicial officials in the trial of cases, the crime should be heavy and deliberately sets or crime should be light and deliberately sentenced, "not straight" crime; crime and penalty shall not deliberately, and try to reduce the criminal case, deliberately not up to the standard of conviction, to sentence the guilty, which belongs to the "vertical prison" crime negligence and sentencing; arising from improper, belonging to the "penalty" crime.

33 Error processing of prosecutor sanction or, shall timely correct. The following provisions of the correct way to prosecutors is?

A. causing mental harm, shall make compensation for mental damage

B. damages the reputation, reputation, eliminate the effect should be restored, apology

C. caused economic losses, shall be liable for

D. the person directly responsible to take revenge, shall be investigated for criminal responsibility according to law

Answer.BCD

D: sanctions on prosecutors error correction mode

Analytical:See "prosecutor law" fiftieth article: "the prosecutor sanction or handling errors, should be corrected promptly; damages the reputation, reputation, eliminate the effect should be restored, an apology; caused economic losses, shall be liable for. The directly responsible personnel to take revenge, shall be investigated for responsibility according to law." The law does not stipulate the spirit damage problem. Therefore, BCD was elected.

34 Following the Rome marriage and family law understanding is correct?

A. implementation of the patriarchal family system of monogamy

B. ancient Rome called home or family including my father, wife, children, however, the slave is not included in the family

Characteristics of the C. family is based in the patriarchal family

D. in the Empire period, mainly in the "civil marriage marriage without authority of the husband"

Answer.ACD

Venue: Rome marriage and family law

Analytical:Rome implemented the patriarchal family system of monogamy; ancient Rome called home or family refers to the patriarchal family dominated by all the people and things and the total, including my father, wife, children, slaves and land. Company is based on the characteristics of the patriarchal family based. The late Republic, the father's authority gradually restricted. Rome law marriage has two kinds, namely the husband and marriage without authority of the husband, also known as the civil law of marriage and the marriage law of peoples. According to the former wife belongs to the husband, the latter married, husband and wife are equal. Late Republic, the marriage without authority of the husband develops, to the Empire, has been abolished patriarchal marriage, marriage without authority of the husband to become the only form of marriage a popular folk. So the B ACD was elected the wrong.

35 Which of the following statements is true?

Local regulations the people's Government of A. Provincial People's government has the right to review the provinces and autonomous regions where the Municipal People's government and large cities approved by the State Council enacted

The local people's government at the provincial level B. according to local laws, administrative regulations and the province, autonomous region, municipality directly under the central government, formulate local regulations, reported to the NPC Standing Committee at the corresponding level and the National People's Congress Standing Committee for the record

The local people's government at the provincial level by C. under the unified leadership, comply with the State Council, responsible and report on their work to the State Council

The local people's government at the provincial level shall be responsible for the D. at the same level people's Congress and its Standing Committee, and shall report to the National People's Congress and its Standing Committee work

Answer.ABD

The people's governments at various levels shall be responsible for the examination site: difference and report on the work of the object

Analytical:See the "constitution" of 110th, the local people's governments at various levels shall be responsible and report on their work to people's congresses at the corresponding levels. During the period of the local people's governments at or above the county level is when the people's Congress, the Standing Committee of the people's Congress shall be responsible and report. Local people's governments at all levels of administrative organs at the next higher level are responsible and report on the work of national. Local people's governments at various levels throughout the country are state administrative organs under the unified leadership of the State Council, obey. The C error, ABD was elected.

36 People describe the early British equity law proceedings said "equity is' size judge feet ', can be large or small", its meaning is the most accurate?

A. equity is created by judge, dominated by the judge free

B. equity is an important supplement to the common law, but have greater autonomy than ordinary method

C. is one of the origins of the British equity law, one is the case law

D. the procedures simple, no need to strictly follow the precedent, the judge has discretion in the great

Answer.D

Point: the equitable understand

Analytical:Equity law in the modern sense refers to the case law of Anglo American law independent of the common law origin in another form, the court of Chancery, namely the court trial activities, to judge the "conscience" and "justice" as the basis of development. The procedure is simple, flexible, judges have the discretion, great therefore, equity is called "the foot", can be large or small, has a great flexibility.

37 According to the judge's occupation morals, under what circumstances the judge should be avoided?

Judge A. I was the rapist's victims, and now bear the rape trial work

Judge B. I feel sure legal issues related to the case are not allowed

Private C. judges hearing appeals from the trial judge close

D. believed his trial may cause the public to deal with the case of doubt

Answer.D

Point: a judge's recusal

Analytical:The judge in the trial activities, besides should consciously abide by the legal challenge system, if that may cause the public to the case justice reasonably doubt their trial of a case shall be proposed for the trial of the case, the request. ABC does not belong to the legal should be avoided. Therefore, D was elected.

38. 1979Years of the "PRC Criminal Law" article158Regulation: "forbid anyone to disturb public order by any means, disturbing social order and if the circumstances are serious, resulting in work, production, business, scientific research and teaching can not be, the state and society suffer serious losses, the ringleaders is less than five years imprisonment, criminal detention, control or deprivation of political rights." From a structural point of view, what is a lack of the rule of law?

A. assumption

B. treatment

C. legal consequences

The behavior model of D.

Answer.A

Venue: the rule of law elements

Analytical:The rule of law in accordance with the "three elements" is assumed conditions, patterns of behavior, the legal consequences of three elements. Assumptions, the conditions and the scope of applicable laws and regulations; behavior refers to the legal requirements of the rules of the act and omission; legal consequences that make with or against the law norms of behavior, the legal consequences should take positive or negative. The rule of law in the question stem with the behavior mode and legal consequences of two elements, is the lack of assumptions. Therefore, A was elected.

39 The following relevant law enforcement and law-abiding difference is what is not true?

The main A. enforcement includes not only the state organs, including all legal persons; law-abiding subject not only include state organs, including legal and natural persons all
B. administrative initiative, civil law is passive
C. is the main law enforcement law enforcement activities in other agencies, law enforcement groups or individuals, the law is all government organs, groups or individuals to law enforcement activities
D. law enforcement must follow the procedural requirements, law-abiding need not follow the procedural requirements

Answer.ABD
Test:Enforcement of the law and the  

Analytical:To answer the need for law enforcement concept and its difference and have a certain understanding. Law enforcement is the enforcement of the law, or law enforcement and law enforcement, refers to the state organs and their functionaries in accordance with the statutory authority and procedures, implementation, law enforcement activities. Abide by the law, abide by the called method, is refers to the people in accordance with the law, the right to exercise legal rights, earnestly fulfill their legal obligations activities. Two in the main body, content, methods and other aspects of the larger differences. The enforcement of the main restricted to state organs and their staff, law-abiding consists of all members of society. Law enforcement is the content of implementing the law, abiding by the law is the content of the exercise of the rights in accordance with the law, perform the obligation. Law enforcement should take an examination of state organs take the initiative to conduct, law-abiding members of society is not illegal, is a passive form, but also a positive active law form. Procedural law enforcement requirements higher than procedural law.
Law enforcement main body includes only the state organs and their functionaries, but does not include all the legal person, the option A error. Administrative law enforcement has the initiative, but civil law also has a positive exercise their rights, active law case, the B error. According to the concept of law enforcement and law-abiding, we can know the C statement is correct. D error will follow the procedural requirements on positive law. Therefore, ABD was elected.

40 Lin Tao is a court assistant judges, following his statement is correct?

A. if the annual assessment were identified as incompetent, he would be fired

B. the people's court streamlined body, short period cannot arrange to send the court for 1 years, was rejected, should respect the opinion of

C. if he in 1 years have accumulated more than 30 days, the people's court shall have the right to dismiss its

D. he resigned from the president of the court, submitted to the NPC Standing Committee from its position

Answer.C

D: judge dismissed conditions

Analytical:"The judges law" provisions of article fortieth: be the judge in any of the following circumstances, dismissed: (a) in the annual assessment, for two consecutive years as incompetent; (two) unfit to work, and do not accept other arrangements; (three) trial for restructuring or reduced staffing needs adjustment of working, I reject reasonable arrangements; (four) within or without proper absent over leave continuously for more than fifteen days, or a year of more than thirty days; (five) not to perform a judge's duty, the. Therefore, C was elected.