The Open University of China 2006 a 2007 the first semester of the academic year "Open College" the final exam

Legal and other professional constitutional questions

2007 January

 

First, fill in the blanks (each 1 points, a total of 20 points)

 The 1 constitution interpretation refers to the legal authority of constitution, meaning and      The legal explanation.

2 of China's current constitution       Set in the year.

3 the provisions of the constitution, the people's Republic of China is          Leadership, to            As the foundation of the socialist countries.

To supervise the implementation of the 4 constitution are the main methods of preventive review,           ,The incidental review and         .

The United Front in China in 5         Based.

Do not implement the socialist 6 Chinese Special Administrative Region           , will retain the current capitalist system and      In 50 years.

7 the provisions of the constitution, the state in the primary stage of socialism, the public ownership as the main body,           The basic economic system and common development, adhere to the     As the main body,      The distribution system.

The 8 party is a backbone of a certain class, class or group, and to reflect or realize its political and economic interests, political programme,      ,      The struggle of political organization.

9 of the State Council of the people's Republic of China, or the Central People's government, is the       The executive organ, is      Organ.

10, the unitary state is made       To exercise unified state sovereignty.

11, according to the provisions of China's current "constitution", the State Council is        Organ.

 

Two, single choice (a correct choice in the alternative answer each of the following. Points for each question, 10 in total)

1 the following about the validity of constitution statement is correct ().

A. The constitution has the general legal validity, have direct legal effect

B. The constitution has the general legal validity, with indirect legal effect

C. The constitution has the highest legal effect, have direct legal effect

D. The constitution has the highest legal effect, with indirect legal effect

2 the world's first written constitution is (Country.

 The British A        B . America

The French C        D . Germany

Is about the constitution sanctions and punitive correct 3 the following options ().

 A. Has a sanction, but no specific punitive

B. Do not have sanction, but there are specific punitive

C. With sanctions, there are specific punitive

 D. Do not have sanction, no punitive

4 after the people's Republic of China promulgated ().

    A. The two constitution    B. The three constitution

    C. The four constitution    D. The five constitution

(5), first put forward the basic political system of China is the people's Congress system.

    A. "Provisional constitution" China in B. "China people's Political Consultative Conference common program"

    C 1954 "constitution"       D1j982 "constitution"

 On behalf of 6 directly elected by the voters of the electoral districts, after ( ) can be removed by the voters.

 AMore than 2/3       More than half of B

 C. 1/3       More than 1/4 of D

 7 of the people s Republic of China ().

    The right A    Obligations of B

Responsible for C    The rights and obligations of D

The 8 National People's Congress ().

 A 3 years    B . 5 years

C 6 years    D . 8 years

Methods 9 NPC deputies and representatives shall be prescribed by the electoral law "" , does not exceed a maximum of (name)

 A 2500        B. 3 000

  C 3500        D . 5000

 10 according to the provisions of paragraph second of our current "constitution" article 136 , the people's Republic of China

And the national anthem is ( )

A "red flag song "       B "Ode to the motherland"

C "my motherland"       D "March of the volunteers"

 

Three, multiple choice questions (choose 2 to 4 correct measures can't score in the alternative answer each of the following. 2 points for each question, 20 in total)

 To supervise the implementation of the constitution are the main method (1 ).

 A . preventive review    B. After the examination

C the case review     D Constitutional complaint

2 the provisions of the constitution, the highest organ of state power ().

 A . the Central People's Government    Local people's governments at various levels of B

C. The National People's Congress and local people's congresses at various levels of D

3 the following options belong to our present constitution amendment content is: ( ).

 A. Perfect the provisions on the protection of private property

B. Increasing respect the regulations and the protection of human rights

 C . is a state of emergency provisions  

 D. established the important thought of "Three Represents" the directive position in the country's political and social life

4 according to the provisions of China's current "constitution" , nature of China's democratic parties is ().

A simple class party    B. has the form of a party political organization

The C property is a political unionInterest group D

5 according to the provisions of the electoral law, the right to vote are: ().

 A serious mental disease   B . is being re education through labor

C was sentenced to life imprisonment and deprived of political rights  D. was sentenced to prison

6 . implements the local administrative system according to different regions, our local system can be divided into ().

A . ordinary local system      B. special economic zone system

C. The system of regional ethnic autonomy  System D . Special Administrative Region

7 . the provisions of the constitution, the state in the public interest needs, can be imposed on land in accordance with the law ( )

A confiscated      B . collection

C . requisition       D and compensated

8 "the fundamental rights and duties of citizens" position in China's current "constitution" in the ( ).

 Master after A     Before the B . national institutions

C national institutions  Before the D . flag, emblem, the capital

The following option 9 is correct understanding of the rights and obligations of the citizens of equal characteristics ( ).

 A law-abiding equality  B . legislation equality

 C . judicial equality   D . enjoys the rights and obligations of equality

10 . according to the provisions of China's current "constitution", the implementation of which of the following organs have the right to supervise the ( )

 A. of the National People's Congress 

The chairman of the National People's Congress group B.

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

 D Legal Committee of the National People's Congress

 

 Four, four, short answer questions (8 points per day, a total of 24 points)

  1 . describes the constitution of social role.

 2, the special administrative region which powers.

3, the citizen's constitutional freedom mainly include?

 

 

Five, to discuss the problem (every day 13 points, a total of 26 points)

 

       1, the constitution features.

2, the constitution of our country the nature of the state provisions of the people's democratic dictatorship.

 

 Answer

 

First, fill in the blanks (each 1 points, a total of 20 points)

The 1 content  Scope of application

2 1982

3 of the working class The alliance of workers and peasantsPeople's democratic dictatorship

4 post review Constitutional complaint

5 the alliance of workers and peasants

6 institutional and policyWay of life

7 kinds of ownership economy Distribution according to work A variety of modes of distribution

8 political line Political opinions

9 the Supreme National Authority The highest state administrative

10 Central

The 11 highest state administrative

 

Two, multiple choice questions (every day 1 points, a total of 10 points)

 1 C  2 B  3. C   4. C  5B

6 B  7. D   8 B  9 B  IO. D

Three, multiple choice questions (every day 2 points, a total of 20 points)

 1 ABCD 2 . CD    3 ABCD 4. BC   5. ABD

6 ACD   7 . BCD  8. AB     9 ACD 10. AC

 

Four, short answer questions (8 points per day, a total of 24 points)

 1.1) science of constitution; (3 points)

2) the completeness of constitutional norms; (3 points):

3) external social environment suitable. (2 points)

 

2.1) to formulate and implement policies; (2 points)

 2) to conduct administrative affairs; (2 points):

3) to handle foreign affairs authorized by the Central People's government according to the basic law; (L

4) prepare and present financial budget, final accounts; (L)

5) develop and put forward a bill, bill, drafted administrative rules and regulations; (L)

6) appoint officials to attend the meetings of the Legislative Council to listen or speak on behalf of the government. (1 )

 

3.1) the citizen personal freedom shall be inviolable; (2 points)

2) the personal dignity of citizens are not violated; (2 points)

3) citizens of the inviolability of the residence; (2 points)

4) civil communication freedom and communication secret protected by the law. (2 points)

 

Five, to discuss the problem (every day 13 points, a total of 26 points)

 

 The 1 constitution has the following characteristics:

First, is the highest standard of legal norms. This characteristic is decided by the supreme status in law and constitutional law. All regulations of the constitution is the highest law. ( 3)

Second, the constitution of inclusive and broad. The constitution of inclusive, is refers to the scope of the constitution content is very wide, and it holds the power of all classes and interest groups. This is decided by the characteristic of the adjustment of social relations in the. The general characteristics of inclusive and principle characteristics and constitutional norms associated. The constitution as the fundamental law of the state, since the content is extensive, inclusive characteristics, and more rules, principles and thus be concise and to the point, generality. ( 4)

Third, the sanctions of constitutional norms with special form. Mainly for the:

 (L) of citizen supervision to the political process.

 (2 ) on the staff of state organs especially the unconstitutional act the leaders of the provisions shall be investigated for responsibility and recall power.

(3 ) implement the constitutional review of legislation system. To uphold the constitution should rely on legal means, strengthen more dependent on politicians and political moral and civic consciousness of constitution. ( 6)

 

 2.1.

The people's democratic dictatorship to reflect the characteristics of our country's regime construction, suitable for China's national conditions. The history and reality have proved, only the people's democratic dictatorship is suitable for the situation of our country, we must bear this in mind. ( 6)  

2 ) the people's democratic dictatorship formulation show exactly what our class status, the current regime on the basis and nature of democracy. China's 1982 to determine the nature of our constitution is a people's democratic dictatorship, this is not the simple recovery 1954 constitution formulation, because:

First of all, from the development and change of class relations, first of all is the growing strength of the working class, their position has changed.

Secondly, the burden from our people's democratic dictatorship of the task has changed.

Finally, the use of the people's democratic dictatorship formulation can more directly reflect the two aspects of people's democracy and dictatorship, can more clearly, more show exactly what the nature of our regime, in order to prevent it from being misunderstood and misrepresented. ( 7)