The judicial exam (legal theory, constitution)

In 2006 the first volume
2 concerning the law relationship with religion, which of the following statement is wrong?
A. law and religion in a certain sense are a cultural phenomenon
B. law and religion to a certain extent, reflect the specific populations of world outlook and outlook on life
C. law and religion in the history once was All blend into one harmonious whole., but law and religion in modern countries are separated
D. law and religion are the social norms, constraints on people's behavior, but also the spirit of religion
 
4 about the relationship between law and society in which of the following statements is not established?
A. according to Marx's view, nature and function of law is determined by the society, law and social interdependence, mutual prerequisite and foundation
B. in order to realize the effective adjustment of the society, must make the law to cooperate with other resource allocation system
C. to construct the harmonious society, must emphasize the organic connection of rationality, justice and the rule of law among the three
D. construction of a conservation oriented society, the needs of a variety of comprehensive use of economic, legal, administrative, technology and education and other means

7 the following about legal interpretation which statement is correct?
A. interpretation of the law as a legal occupation technology core in any legal occupation in the country, the rules and standards are not different
B. legal interpretation methods are diverse, explain a method often only use one of the
C. interpretation of the law is not essential, but must exist in the application
D. interpretation of the law has certain value orientation, therefore, it is a purely subjective activity, does not have the objectivity
8 in general, effective protection of the provisions of the state authority to act and civil rights should be the two aspects of basic content of the constitution. Which of the following constitution does not specify the basic rights of citizens?
A.1918 years of "Soviet Russia constitution" B.1789 year "USA constitution" C.1791 year "the French constitution"
D.1923 years of the "constitution of the Republic of China"
9 in accordance with the constitution of the theory, the subject is different from the constitutional authority. Which statement about the constitution of our country the main constituent or constitutional authority is correct?
A. the National People's Congress and the local people's congresses at all levels in China is the main constituent
B. of the National People's Congress is China's main constituent, the Standing Committee of the National People's Congress is China's constitutional authority
C. of the National People's Congress is China's constitutional authority, the constitution Drafting Committee is the concrete working organs it
The first plenary meeting of the first session of the National People's Congress D. is our country's constitutional authority
10 according to the constitution authority is different, can be divided into civil constitution, constitution set the imperial constitution and constitutional agreement. Which of the following is the Constitution Constitution agreement?
A.1830 B.1779 American French constitution "articles of Confederation" C.1889 year the Japanese Constitution
D.1919 Germany Weimar constitution
11 "where rights without guarantee and decentralization is not established society has no constitution" judgment is expressly by which of the following constitution document?
A.1789 years of French "human rights and civil rights declaration" B.1776 years of North America "Declaration of independence"
C.1688 British "bill of rights" years D.1918 years of Soviet Russia "exploited" Declaration of the rights of working people
12 the provisions of the constitution, the residents' committee, villagers' committee relations with government by law. Which of the following does not belong to the category of political power at the grass-roots level?
The people's governments of townships, nationality townships, the town of A., the people's Government of the B. city not divided into districts, municipal districts
Agencies of the peoples government area city, city not divided into districts of C. D. County People's Government
13 "people's Republic of China government and the government of the United Kingdom of Great Britain and Northern Ireland Joint Declaration on the question of Hongkong" is the effective approved by which authority?
A. B. C. of the State Council of the National People's Congress Standing Committee of National People's Congress D. president
14 which of the following is our Constitution defines citizenship based on?
A. was born in principle B. lineage C. D. principle of nationality to jus sanguinis based, supplemented by the principle of righteousness to birth the landlord
61 according to China's "constitution" and the provisions of the law, the following questions about the local people's congresses at various levels which statement is true?
A. a local people's Congress each session of the preparatory meeting, the preparatory meeting presided over by the people's Congress Standing Committee
B. Township, nationality township, Town People's Congress is in session, to elect a presidium. The township, nationality township, Town People's Congress president, vice chairman for the members of the Presidium
C. local people's congresses of the first meeting, presided over by the Standing Committee of the people's Congress or the township, nationality township, town chairman of the people's Congress delegation
D. local people's congresses meeting at least once a year
>1. A2. C 3 D 4 A 7 C 8 B 9 D 10 A 11 A 12 D 13 C 14. C
61.BD
 
In 2005 the first volume
8 according to the provisions of our constitution and relevant laws, the special committee of the National People's Congress expression which one is correct?
The special committee of the National People's Congress is A. very body of the highest organ of state power
The special committee of the National People's Congress is responsible for the B. draft law review and the terms of the
For the special committee composed of C. of the National People's Congress, nominated by the presidium from among the representatives, adopted by the general assembly
The special committee of the National People's Congress can only consider D. presidium of the National People's Congress delivery bill
9 according to the provisions of our constitution, which of the following statements is not true?
A. city of the land belongs to the state, land in rural areas and the outskirts of the city, in addition to the law all belong to the outside of the country, belong to the collective
B. homestead, plots, hilly land belongs to the collective
C. countries in need of public interest, can be levied or expropriation of land
Ownership of D. land may be transferred according to law
10 according to the current constitution, as the following personnel which position, by the president of the National People's Congress and the Standing Committee of National People's Congress shall be decided?
A. vice president B. National Military Commission Vice Premier of state council vice president D. C. vice president of the Supreme People's court

The 11 constitution is the fundamental law of the state, has the highest legal effect. Which statement about the legal effect of the constitution is correct?
A. in the unwritten constitution in the country, the constitution of the legal effectiveness than other legal
B. in China, any legal regulations may contravene the constitution, the basic constitutional principles and the constitutional spirit
C. constitutional legal effect mainly for behavior constraints of citizens
D. constitutional legal effect does not have any mandatory
12 people's deputies shall attend the meeting of the people's Congress, representative shall exercise the powers of. According to the "Regulations" representation of National People's Congress of the people's Republic of China and the local people's congresses at various levels, which of the following statements is true?
A. is not approved by the two meeting of the representatives of the people's Congress not to attend the meeting, termination of representative qualification
Representative B. detained by criminal cases are subject to investigation, prosecution, trial, termination of representative qualification
C. due to illegal by the labor punishment represents more than a year, to temporarily stop the representative qualification
Not a year D. who attended the meeting of people's Congress at the corresponding level, to temporarily stop the representative qualification

51 of the written law and unwritten law formulation, which is not correct?
A. unwritten mostly used methodB. case law despite the written expression, but not as a statute
C. unwritten never constitute formal source countries
D. Chinese is a written law country, not unwritten law
52 the following relevant legal consequences, legal liability, legal sanctions and legal provisions and other issues statements, which can set up?
A. any legal responsibilities set must be the realization of Justice
B. legal consequences may not be the legal sanctions
C. bear legal responsibility means to accept legal sanctions
D. not every law has the legal responsibility
53 the following relevant legal effect, legal concepts statement which is right?
A. "law is the Bible of the people", which shows that the law is the guarantee of freedom
B. "evil law is also the law" perspective emphasizes the authority of law from the law itself, independent factors and outside the law
C. "the law alone is not enough", therefore the law is not a panacea
D. "rule, no treatment", reflects the China ancient "rule by law" theory
The effectiveness of the 55 following the law of human expression which is right?
A. national laws on the subject of human rights as a person and as a subject of civil rights are the same as in effect rules
B. law to take "protectionism" principle in the effectiveness of people, mainly in order to protect the human rights of foreigners and stateless persons
There are provisions on "protectionism" principle of C. Chinese law
There are certain differences in the effectiveness of D. law in different space activities of the people
The Standing Committee of the 59 people's Congress for deliberation in the following matters in a meeting, according to the provisions of the constitution, which of the following matters in accordance with the Committee of jurisdiction?
A. to cancel an inappropriate decisions of the Municipal People's Government
B. to cancel an inappropriate decisions of the District People's Congress
C. responsibility cost, the people's court to reopen with significant social impact of criminal cases
Provincial People's Congress D. recall committed the crime of acceptance of bribes his qualification
93 according to the "Regulations" legislative law, under any of the following circumstances under which the law, by the Standing Committee of the National People's Congress to explain?
The regulations of the A. law requires further specific meaning
New circumstances B. laws, need a clear basis for application of the law
The conflict between the C. law, the validity of the arbitration priority needs
Problems in the process of law enforcement, the specific application of law of D. 8 C 9 D10. D 11 B 12 A 13 C 14 D 51 CD 52 BD 53. ABC54 BC55. CD57 BCD 58 CD 59. ABD  92 D 93. AB

In 2004 the first volume

1 according to the basic viewpoints of Marx law, the following statements which one is correct?

A. method is a member of society reflected B. public will perform both political function in essence, also perform public functions
C. eventually decided to historical traditions, customs and habits, the national structure, international environmental conditions such as the D. method is not influenced by objective law

2 the following about the law and the moral statements which one is correct?
A. School of natural law thought, law is not a law
B. analytical positivist jurisprudence, law and moral are not necessarily linked in essence
Think C. Chinese ancient Confucian, the governance of the country can only rely on moral, can not use the law
D. modern jurists generally tend to deny the "law is the lowest morality"

The difference between laws and codification of understanding 3, can have a variety of angles. Which of the following statements accurately reveal the difference between the two?
A. legal assembly can be carried by individuals, can also be carried out by the social organizations and state organs; compilation of code can only be carried out by national legislation, law enforcement and judicial organs
B. codification is to normative legal documents to form a new unity; codification is different time code compilation
C. legal assembly can organs and different social relationship involving content published by time, appropriate, compilation of legal change; codification can't change the original content of legal norm
Legislative activities D. laws not belonging to the state organs; codification is a kind of clean up the existing legislation files based on legislative activities

1 B 2 B 3 D 4 C 5 A 6 C 7 C 8 D 9 D 10 A 11 C 12. A
51 the following on the rule of law and legal representation which is not appropriate?
A. rule of law requires a comprehensive, all-round participation in social life, which means that the law was replaced by other means of social adjustment
The fundamental difference between B. law and legal system is the social importance of law degree
C. implementation of the law, will not be at the expense of substantive justice of the case
The core D. of the rule of law is the protection of the rights and power restriction

52 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

54 the following effect on China's legal representation which is right?
The effectiveness of A. local regulations is higher than the lower local government regulations but not higher than the local government at the same level rules
Between the B. local laws and regulations inconsistent provisions of the same matter, by the State Council Award
C. in accordance with China's "legislative law" provisions, in order to better protect the rights and interests of citizens, especially certain provisions of administrative regulations can be retroactive
D. regulations of the special economic zones according to the authorization of administrative regulation, the NPC and its Standing Committee to formulate laws, the provisions of this special economic zone applicable regulations of special economic zones

57 the following related to our country citizen rights expression which conform to the Constitution?
A. citizens for any state organ or functionary, have the right to criticize and make suggestions
Illegal B. citizens of any state organ or functionary of dereliction of duty, complaints, charges or complaints rights
C. any state organ to citizen complaints, charges or report, must ascertain the facts, responsible for handling
D. staff of state organs and civil rights violations caused by the loss, the victim has the right to claim for compensation according to law

58 China is a unified multi-ethnic country. Which of the following statements about the form of state structure in China which is right?
A. China is a unitary state B. our national structure form is decided by China's historical tradition and national conditions
C. ethnic regional autonomy in minority areas as the basis, implement the National Autonomy  Organs of self-government are established in D. in national autonomous areas, the exercise of the right of autonomy

51 ABC 52 ABD 53 ABC57 ABD 58 ABD

3 according to China's "legislative law" provisions, which of the following is a matter of local laws and regulations can be set?
A. of the administrative district of city, county, township government, organization and authority of the provisions of
The construction of the administrative area economy, culture and public utility B.
C. on the patients with infectious diseases of compulsory isolation measures
The D. property ownership system of state owned industrial enterprises

11 according to the Constitution and laws of our country, the following options which one is right?
A. at or above the county level people's court at the same level people's Congress election president, Dean of the superior people's court shall be reported to the NPC Standing Committee for approval
B. above the county level people's congresses at all levels from the people's Procuratorate at the same level shall be reported to the chief procurators of long, a superior people's Procuratorate to the Standing Committee of National People's Congress approved the
C. at or above the county level people's government at the same level people's Congress recall shall be reported to the chief executive, the higher people's government for approval of the executive heads of the NPC Standing Committee
D. at or above the county level people's government at the corresponding level people's Congress election chief administrative officer, shall be reported to the higher Party committees for approval

3.B 10.D 11.B

 

40 of China's 1993 constitutional amendment relates to which of the following aspects of content?
A. specifically to "adhere to the reform and opening up" was written into the Constitution
B. added provisions "land use rights can be transferred according to law"
C. made it clear that the "China will stay in the primary stage of socialism" was written into the Constitution
D. the county people's Congress of the term from 3 years to 5 years

The provisions of the 44 China's electoral law, directly elected by the voters, the candidates for deputies, by which of the following ways nominated?
More than 10 people have recommended B. A. voters and political parties and people's organizations, individual nominated
Representatives of the C. people, more than 5 joint recommendationD. all political parties, people's organizations jointly nominated

45 of the Constitution and constitutional interpretations, which is right?
A. constitution is the precondition of Constitutionalism
The Constitution and constitutionalism in modern B. to limit state power, the protection of human rights for the purpose of
C. establish the supreme authority of the constitution is the embodiment of constitutional government
The Constitution and constitutional D. modern is the product of the development of commodity economy

46 of our third article of the Constitution stipulates: "the state organs of the people's Republic of China shall apply the principle of democratic centralism." This principle is mainly embodied in the following aspects?
A. in the relationship between national institutions and the people, reflecting the state power comes from the people, by the people's national institutions
B. in the state organs, organs of state power is dominant
C. relationship in the central and local agencies, to implement the "division of national institutions and functions and powers of the central and local, followed in the unified leadership of the central government, give full play to the initiative, enthusiasm of the local principle"
D. all state organs carry out the collective in the exercise of authority responsibility system

32.AD 40.AD 41.AD 43.ABD 44.ABD 45.ABCD 46.ABC

74 in our country, which belongs to the improper conduct prohibited by the judge occupation moral standard?
A. was asked about the other judges to trial
B. the requirements of a judge on trial period
C. and the case of free judge litigation reason book to undertake the judge in the case
Judge D. to inform the parties to the case submitted to the judicial committee for discussion

The provisions of the 75 Chinese lawyers law and other relevant laws, lawyers in the practice activities should be what are the secrets of conservative?
A. the relationship between national security and interests of informationCommercial secret B. parties
C. relationship between the privacy of the partiesD. the members of the collegial panel 81 which of the following statements do not belong to the list of rules?
Capability of rights of A. citizens are equalB. civil activities should be voluntary, fair, making compensation for equal value, honesty and credit
The C. contract shall, in accordance with the contract, fulfill their obligations
The D. activities of the party must be within the range of constitution and law

Which of the following statements 83 general relations conforms to the rights and obligations?
A. legal rights and obligations of interdependenceThe differences between the B. has certain rights and obligations
C. in any historical period, the right is always first, compulsory always secondaryD. rights obligations, obligations and rights

The 84 interpretation of the law, there is a close relationship between legal reasoning and legal occupation, legal thinking, law school classmate a and B have been discussed. A thought: the unique legal thinking of the law occupation and the particular are inseparable; the legal thinking is a kind of relying solely on the discretion of judge thinking; the legal interpretation and legal reasoning is abstract, it is embodied in the legal thinking. B is found: the legal thinking is a just form of logic thinking; the legal interpretation and legal reasoning, to develop and deepen the legal thinking, helps to keep self-discipline and autonomous legal occupation. Which of the following options view is correct?
A view of the A.View the B. a view and view the C. B a view, and B
View D. a view, and ethylene 74.ACD 75ABC 83.AB 84.B

In 2002 the first volume

1 legal system is an important legal concept, people can from different angles, different side to understand, interpret and apply the concept, basic characteristics but must accurately grasp this concept. The basic features of the concept which statement failed to accurately grasp the following statements about the legal system in China?
The legal system of A. research in China must be based on China's current domestic law as the basis
B. in China, legal system in the modern sense is Shen Jiaben at the end of Qing Dynasty after the revision of laws
Although C. legal system of legal system and the mainland of Hongkong has a bigger difference, but the legal system China is unified
D. law of ancient China is "combination of all laws", divide without law, there is no legal system

2 the contents of legal relationship is legal rights and obligations between the subject of legal relations, there is a close relationship between the two. The relationship between the relevant legal rights and legal obligations and expression, which statement did not reveal this relationship?
The main, secondary status A. the rights and obligations in legal relation
B. enjoys the rights in order to better fulfill their obligations
C. the rights and obligations of the existence, development must be conditional on the existence and development of the other party
Sets the destination D. duties to protect the realization of right

From 3 elements of illegal behavior, what is the key factor to judge whether a violation?
A. the act legally recognized as illegalB. this behavior is intentional or negligent fault
C. this behavior by subject has the responsibility to make the D. the act in violation of the law to protect certain social relations and social interests

4 ethics and law belong to the category of social norms, has a normative, mandatory and effectiveness, morality and law have differences and connections. Several of the law and moral statement, which statement is false?
A. law has both rights and obligations of the "two sides", heavy duty "one moral has"
B. moral coercion is a spiritual force
Think C. Marx School of law, the one-sided emphasis on the stability of law priority is wrong
The D. morality of law is abstract

5 according to the regulations, the current constitution of our country and the relevant laws of the administrative division, administrative area boundary dispute processing department in charge of the formulation, which statement is true?
A. administrative area boundary dispute departments have no right to administrative division
B. has the right to administrative department, also is the administrative region boundary dispute Department
C. administrative area boundary dispute department, also have the right to handle administrative regionalization
D. administrative area boundary dispute processing department, and administrative area boundary dispute the decision authority

6 Zhang Jia Cun to Li Jia Cun, Li Jia Cun Zhang Jia Cun, the water from flowing through the river, for years the two villages often because of water problems in conflict. The spring of 2001, as the root of the problem, the county government decided to keep the river water to unified deployment to township water station. The villagers think: history of Zhang Jia Cun River belongs to all, the county government has no right to the river flow into Xiang stand pipes unified deployment, then the county government on the court. Ask: according to the current constitution and law, which of the following statements is true?
A. Zhang Jia Cun to rational, because the flow belongs to the village collective, the government has no right to nationalize
B. Zhang Cun Gao was very rational, because the river bed belongs to Zhang Jia Cun collective all, the river water of course also belong to the collective control
C. county government decision method, because the current is owned by the state, the government of course have the right to allocate water supply
D. county government decision method, because the current although the Zhang Jia Cun Li Jia Cun all, but people should also enjoy drinking water rights to solve the water problem, Li Jia Cun, the government can water supply unified deployment

8 according to the provisions of our constitution, which are not citizens right to material assistance conditions the following options?
A. citizens in the old B. citizens in disease C. citizens in natural disasters at D. citizens lost the ability to work when the 31 from the perspective of jurisprudence, which of the following statements cannot be established?
In modern A., legal responsibilities and rights, obligations can be mutually transfer
B. legal sanction is a way to undertake the legal liability
C. legislation is the first distribution activities on social resources, social benefits
D. administrative law enforcement process is also the process of law enforcement right of 1 D 2 B 3 A 4 D 5 A 6 C 7.D8 C

The 32 method guidance can be divided into definite direction and selection guidelines, which of the following statements are selection guidelines?
The A. constitution, the personal dignity of citizens are not violated B. the provisions of the contract law, the agreement of the parties, the contract can be modified
C. the provisions of the criminal law, the murderer, sentenced to death, life imprisonment or for more than ten years in prison
D. the general principles of the civil law, citizens of their inventions or other scientific and technological achievements, has the right to apply for the certificate of honor, bonuses or other incentive

33 legal order is the people in the social life in accordance with the law and the formation of the behavior rules and in an orderly state. The factors influencing the legal order is in many aspects, include which of the following statements?
Factor C. environmental factors B. personal A. legal aspects of the factors of D. law itself

34 according to the "legislative law" requirements, which of the following matters only by the National People's Congress and its Standing Committee law? A. the labor dispute arbitration system B. education system of C. on private enterprise property expropriation system D. residents' committee, villagers' committee system

The 35 law is a very complicated work, should pay attention to which of the following?
The system of B. A. legal system appropriate lead C. common D. time between donor and recipient sequence

36 the interpretation of law can be divided into legislative interpretation, judicial interpretation and theoretical interpretation, different legal interpretation of the effect is not the same. According to China's "legislative law" provisions, which of the following situation belongs to the scope of the NPC Standing Committee legal interpretation?
The regulations of the A. law requires further specific meaning
B. law has revised need to re define the related content
New circumstances C. laws, need a clear basis for application of the law
The conflict between the D. law, the validity of the arbitration priority needs

The major difference between the 37 continental law system and Anglo American law system in what aspects?
Classification of C. codification D. procedure and decision program A. legal sources of B. law

38, the constitution has the highest legal effect. The highest legal effect of constitution include which of the following aspects of meaning?
A. the constitution is to enact common legal basis, any common law, regulations may contravene the Constitution
B. constitution is the highest standards of behavior all state organs, social organizations and citizens
C. in the formulation and revision of the constitution procedure, legal requirements more stringent than the other
D. in the content, the provisions of the constitution of the most fundamental, the country's most important  32 BCD 33 ABCD 34 ACD 35 ABC 36 AC 37 ABCD 38 AB