20 17 summary of legal knowledge and constitutional knowledge in national examination
Common sense of civil servants' examination is one of the compulsory examination points. I summed up the summary of constitutional knowledge points, hoping that the majority of candidates will know more about the basic knowledge of law when preparing for the exam, and strive not to let these contents lose points during the exam.
1. the status of the constitution
Constitution is the fundamental law of the country, occupies the highest position in the national legal system, is the basis of governing the country according to law, and is the highest code of conduct for all state organs, social organizations and citizens.
2. National system
The state system is the nature of the country and refers to the status of all social classes in the country. The nature of the country is the core of the national system.
Article 1 of the Constitution stipulates: "People's Republic of China (PRC) is a socialist country under the people's democratic dictatorship led by the working class and based on the alliance of workers and peasants." This confirms that China's national nature is the people's democratic dictatorship.
3. regime
Regime, that is, the form of political power organization, refers to the form of state power, that is, the ruling class of a particular society is composed according to certain principles and systematically exercises power on behalf of the state.
Article 2 of the Constitution stipulates: "All power of the people and the state of China belongs to the people." The organs where the people exercise state power are the National People's Congress and local people's congresses at various levels.
Article 3, paragraph 1, stipulates: "The state organs in People's Republic of China (PRC) practice the principle of democratic centralism." These provisions show that the people's congress system is the political organization form of the people's democratic dictatorship in China.
4. Basic rights of citizens
Citizen is a legal concept, which usually refers to an individual with the nationality of a certain country. Article 33, paragraph 1 of the Constitution stipulates: "A person with China nationality is a citizen of China." Having China nationality is the only qualification to become a citizen of China. The basic rights of citizens include: (1) the right to equality; (2) Political rights and freedoms; (3) Freedom of religious belief; (4) personal freedom; (5) supervision; (6) Social, economic and cultural rights; (7) Protecting the rights of specific subjects.
5. State organs of power
(1) National People's Congress
The National People's Congress is the highest organ of state power in China, and it is also the organ that exercises state legislative power. The National People's Congress is composed of representatives elected by provinces, autonomous regions, municipalities directly under the Central Government and the armed forces. The term of office is five years. The National People's Congress is convened once a year, convened by the NPC Standing Committee. If the NPC Standing Committee thinks it is necessary, or at the suggestion of more than 1/5 deputies to the National People's Congress, a meeting of the National People's Congress may be convened temporarily.
The functions and powers of the National People's Congress can be summarized into the following six categories: ① amending the Constitution and supervising its implementation; (2) Formulating and amending basic laws; (three) the appointment and removal of the leaders of the highest state organs; (4) the right to decide on major national issues; (5) the highest supervisory power; ⑥ Other functions and powers that should be exercised by the highest organ of state power.
(2)NPC Standing Committee
The NPC Standing Committee is the permanent organ of the National People's Congress, which exercises the highest state power when the National People's Congress is not in session, and is the legislature of the country. It is subordinate to the National People's Congress in status.
The NPC Standing Committee's functions and powers are: ① to interpret the Constitution and laws and supervise the implementation of the Constitution; (2) National legislative power; (3) the right to decide on major national issues; (4) the right to appoint and remove personnel; ⑤ Supervision right; ⑥ Other functions and powers granted by the National People's Congress.
6. State administrative organs
(1) The highest state administrative organ
The State Council, the Central People's Government, is the executive organ of the highest organ of state power and the highest administrative organ of the state. It is responsible and reports to the National People's Congress and the NPC Standing Committee. The State Council is composed of the Prime Minister, several deputy prime ministers, several State Councillors, ministers of ministries, directors of committees, auditors-general and secretary-general. Its term of office is the same as that of the National People's Congress. The Prime Minister, Vice-Premiers and State Councillors shall not serve for more than two consecutive terms. The State Council implements the responsibility system of the Prime Minister. The State Council's institutional setup includes ministries, committees, offices, directly affiliated institutions and offices.
(2) Local state administrative organs
Local people's governments at all levels are the executive organs of local state power organs at all levels and the local state administrative organs at all levels. As an executive organ, it is subordinate to the state power organs at the same level, and is responsible and reports to the people's congresses and their standing committees at the same level; As a local state administrative organ, it is responsible and reports to the state administrative organ at the next higher level, and obeys the unified leadership of the State Council. The local people's governments at all levels implement the responsibility system of governors, mayors, county heads, district heads, townships and mayors. The term of office is the same as that of the people's congress at the corresponding level. Local people's governments at all levels shall set up necessary working departments according to the needs of work and the principle of being lean.
7. China People's Political Consultative Conference.
China People's Political Consultative Conference (CPPCC) is a patriotic United front organization of the people of China, an important institution for multi-party cooperation and political consultation under the leadership of the Chinese Production Party, and an important form of promoting socialist democracy in China's political life. China People's Political Consultative Conference (CPPCC) was established on the eve of the founding of New China by China Producers' Party, democratic parties, Democrats without party affiliation, people's organizations and patriots from all walks of life after a long revolutionary struggle. In accordance with the principle of "long-term existence, mutual supervision, treating each other with all sincerity and sharing weal and woe", the China * * * production party conducts political consultations on major national policies and important issues in people's lives, and through suggestions and criticisms, it plays the role of participating in the discussion of state affairs and democratic supervision. This is conducive to upholding and improving the leadership of the * * * production party, and is also conducive to more extensive contact and unity with people from all walks of life.
20 17 summary of legal knowledge and administrative law knowledge points in national examination
Common sense of civil servants' examination is one of the compulsory examination points. I summed up the administrative knowledge points, hoping that the majority of candidates will know more about some basic legal knowledge during the preparation for the exam, and strive to prevent these contents from losing points in the exam.
1. Administrative subject and relative person
(1) administrative entity
Administrative subject refers to an organization that has independent administrative authority according to law, can represent the country, exercise administrative authority in its own name, participate in administrative litigation independently, and independently undertake the effectiveness of administrative actions and administrative litigation.
(2) Administrative counterpart
The administrative counterpart, referred to as the counterpart for short, refers to the other party corresponding to the administrative subject in the specific administrative legal relationship, that is, the organizations and individuals in the managed position.
In China, organizations and individuals that can become administrative counterparts include state organizations, social organizations, citizens, foreign organizations and foreigners.
2. Abstract administrative acts and specific administrative acts
Administrative behavior refers to the administrative behavior with universal binding force made by the administrative subject, which is generally manifested as the act of formulating various administrative rules, such as the State Council, the provincial people's government, and the county people's government.
Specific administrative act refers to the specific treatment made by the administrative subject to a specific event or a specific person. Such as making a punishment decision on citizens and ruling reconsideration cases.
3. Administrative punishment
Administrative punishment refers to the administrative punishment given by a specific administrative subject to the administrative counterpart (that is, citizen, legal person or other organization) who violates the administrative order and does not constitute a crime.
Administrative punishment is divided into seven categories: (1) warning; (2) a fine; (three) the confiscation of illegal income and illegal property; (four) ordered to suspend production or business; (five) withholding or revoking the license, withholding or revoking the license; (6) Administrative detention; (seven) other administrative penalties prescribed by laws and administrative regulations.
4. Administrative compulsion
(1) Administrative coercive measures
Administrative coercive measures refer to the acts that administrative organs temporarily restrict citizens' personal freedom or temporarily control the property of citizens, legal persons or other organizations in the process of administrative management in order to stop illegal acts, prevent evidence from being damaged, avoid harm and control the expansion of danger.
Article 9 of the Administrative Compulsory Law stipulates that the types of administrative compulsory measures include: ① restricting citizens' personal freedom; (2) sealing up places, facilities or property; 3. Seizure of property; (4) Freezing deposits and remittances; ⑤ Other administrative compulsory measures.
(2) Administrative law enforcement
Administrative enforcement refers to the act of an administrative organ or an administrative organ applying to a people's court to enforce the obligations of a citizen, legal person or other organization that fails to perform an administrative decision.
Article 12 of the Administrative Enforcement Law stipulates that the ways of administrative enforcement include: ① additional fines or late fees; ② Transfer deposits and remittances; (three) auction or disposal of places, facilities or property sealed up or detained according to law; (4) remove obstacles and restore to the original state; (5) Power generation performance; ⑥ Other coercive methods.
5. Administrative reconsideration
(1) Scope of administrative reconsideration
According to Article 6 of the Administrative Reconsideration Law, citizens, legal persons or other organizations may apply for administrative reconsideration under any of the following circumstances:
(a) refuses to accept the administrative punishment decisions made by the administrative organ, such as warning, fine, confiscation of illegal income, confiscation of illegal property, order to suspend production or business, temporary suspension or revocation of license, temporary suspension or revocation of license, administrative detention, etc. ;
(2) Refusing to accept administrative compulsory measures such as restricting personal freedom or sealing up, distraining or freezing property made by administrative organs;
(three) refuses to accept the decision made by the administrative organ to change, suspend or revoke the license, license, qualification certificate and other documents;
(4) Refusing to accept the decision of the administrative organ to confirm the ownership or use right of natural resources such as land, mineral deposits, water, forests, mountains, grasslands, wasteland, beaches and sea areas;
(five) that the administrative organ violates the legitimate right to operate independently;
⑥ think that the administrative organ's alteration or cancellation of the agricultural contract infringes upon its legitimate rights and interests;
All landowners think that administrative organs illegally raise funds, collect property, apportion expenses or illegally require other obligations;
(eight) that meet the statutory conditions, do not apply for administrative organs to issue permits, licenses, qualification certificates and other documents, or do not apply for administrative organs to examine and approve and register related matters;
Pet-name ruby applies to an administrative organ to perform legal duties such as protecting personal rights, property rights and the right to education, but the administrative organ fails to perform them according to law;
Attending to apply for the administrative organ to issue pension, social insurance premium or minimum living allowance according to law, but the administrative organ fails to issue it according to law;
1 1。 That other specific administrative acts of administrative organs infringe upon their legitimate rights and interests.
(2) the administrative reconsideration organ and its jurisdiction
According to the provisions of Article 3 of the Administrative Reconsideration Law, the administrative organ that performs the duties of administrative reconsideration in accordance with this Law is the administrative reconsideration organ, and the institution responsible for legal affairs of the administrative reconsideration organ specifically handles administrative reconsideration matters.
According to the Administrative Reconsideration Law, the administrative reconsideration jurisdiction system is as follows:
(1) the applicant refuses to accept the specific administrative act of the working department of the local people's government at or above the county level, and may choose to apply for administrative reconsideration to the people's government at the corresponding level or the competent department at the next higher level. If they are dissatisfied with the specific administrative acts of the administrative organs or state security organs that implement vertical leadership, such as customs, finance, national tax and foreign exchange management, they shall apply to the competent department at the next higher level for administrative reconsideration.
Those who are dissatisfied with the specific administrative acts of local people's governments at all levels shall apply to the local people's government at the next higher level for administrative reconsideration. If a local people's government at the county level refuses to accept a specific administrative act and belongs to an agency established by the people's government of a province or autonomous region according to law, it shall apply for administrative reconsideration to the agency.
(3) To apply for administrative reconsideration to the department of the State Council or the people's government of a province, autonomous region or municipality directly under the Central Government who refuses to accept the specific administrative act of the department of the State Council. If he refuses to accept the decision of administrative reconsideration, he may bring an administrative lawsuit to the people's court; You can also apply to the State Council for an award, and the State Council will make a final award in accordance with the provisions of this Law.
(4) If you are dissatisfied with the specific administrative actions of other administrative organs and organizations other than the above 1 ~ 3 points, you shall apply for administrative reconsideration in accordance with the following provisions:
If a local people's government at or above the county level refuses to accept the specific administrative act of the dispatched office established according to law, it shall apply for administrative reconsideration to the people's government that established the dispatched office; To apply for administrative reconsideration to the department that established the agency or the local people's government at the corresponding level if it refuses to accept the specific administrative act made in its own name by the agency established by the government working department according to laws, regulations or rules; If he refuses to accept the specific administrative act of an organization authorized by laws and regulations, he shall apply for administrative reconsideration to the local people's government, the working department of the local people's government or the department directly in charge of the organization in the State Council; Refuses to accept a specific administrative act made by two or more administrative organs in the same name and applies for administrative reconsideration to an administrative organ at the next higher level; If the revoked administrative organ refuses to accept the specific administrative act made before revocation, it shall apply for administrative reconsideration to the administrative organ at the next higher level that continues to exercise its functions and powers.
In any of the above circumstances, the applicant may also apply for administrative reconsideration to the people's government at the county level where the specific administrative act occurred.
20 17 summary of legal knowledge and criminal law knowledge points in national examination
Common sense of civil servants' examination is one of the compulsory examination points. I summed up the summary of constitutional knowledge points, hoping that the majority of candidates will know more about the basic knowledge of law when preparing for the exam, and strive not to let these contents lose points during the exam.
1. Basic principles of criminal law
Articles 3 to 5 of the Criminal Law stipulate three basic principles, namely, the principle of a legally prescribed punishment for a crime, the principle of equality in the application of criminal law and the principle of adaptation between crime and punishment.
2. Elements of crime
Any crime includes four elements, namely, the object of crime, the objective aspect of crime, the subject of crime and the subjective aspect of crime.
(1) criminal object
The object of crime refers to the social relations protected by China's criminal law and violated by criminal acts. For example, the object of intentional homicide is the right to life of others, and the object of theft is the ownership of public and private property.
The object of crime can be divided into three categories according to its scope, namely, general object, similar object and direct object.
(2) the objective aspect of crime
The objective aspect of crime refers to the objective external manifestations of criminal activities, including harmful behavior, harmful results and the time, place and method of crime. Among them, harmful behavior is a necessary condition for all crimes to constitute an objective aspect.
Harmful behavior refers to the behavior that endangers society under the control of human consciousness and will. There are two forms of harmful behavior: action and inaction.
(3) Subject of crime
The subject of a crime refers to a person who has committed acts that seriously endanger society and should bear criminal responsibility according to law. The "person" in the subject of crime includes natural persons and units.
If a natural person wants to be the subject of crime, he must reach the age of criminal responsibility and have the ability of criminal responsibility. The age of criminal responsibility refers to the age at which the perpetrator must bear criminal responsibility for the harmful acts he has committed.
According to Article 17 of the Criminal Law, the age of criminal responsibility is divided into the following three stages:
First, the age of full criminal responsibility. People under the age of 65-438+04 when committing dangerous acts are not criminally responsible at all.
Second, the relative age of criminal responsibility. People who have reached the age of 14 and under the age of 16 are only criminally responsible for intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion and poisoning (the crime of poisoning is changed to the crime of throwing dangerous substances).
Third, the age of full criminal responsibility. People who have reached the age of 16 should bear criminal responsibility for all crimes.
If a person who has reached the age of 75 intentionally commits a crime, he may be given a lighter or mitigated punishment; Whoever commits a crime negligently shall be given a lighter or mitigated punishment. If a person who has reached the age of 14 and is under the age of 18 commits a crime, he shall be given a lighter or mitigated punishment.
The ability of criminal responsibility refers to the ability of the actor to identify and control his own behavior. That is, a person has the ability to understand the nature, significance and consequences of his actions, and consciously control and be responsible for his actions. Only when a person has the ability to identify and control his own behavior can he be required to bear criminal responsibility. If he doesn't have this ability, he can't be asked to bear criminal responsibility.
Article 18 of the Criminal Law stipulates: "If a mental patient causes harmful results when he cannot identify or control his behavior and is confirmed by legal procedures, he shall not bear criminal responsibility, but his family members or guardians shall be ordered to take strict care and medical treatment; When necessary, the government forces medical treatment. Intermittent mental patients who commit crimes when they are mentally normal should bear criminal responsibility. If a mental patient who has not completely lost the ability to identify or control his own behavior commits a crime, he shall bear criminal responsibility, but he may be given a lighter or mitigated punishment. A drunken person who commits a crime shall bear criminal responsibility. "
Article 19 of the Criminal Law stipulates: "Deaf-mute and blind people who commit crimes may be given a lighter, mitigated or exempted punishment."
(4) Subjective aspects of crime
The subjective aspect of crime refers to the psychological attitude of the criminal subject to the harmful behavior and its harmful consequences. Including crime (criminal intent or criminal negligence), as well as the purpose and motivation of the crime.
Intention of crime refers to a kind of psychological attitude that the actor knows that his behavior will produce harmful results to society, and hopes or lets this result happen. Crimes committed under the control of this psychological attitude belong to intentional crimes. There are two kinds of criminal intent: one is direct intent, and the other is indirect intent.
Negligent crime refers to a psychological attitude that a person should have foreseen the possible consequences of his actions that endanger society, but failed to foresee them due to negligence, or had foreseen and thought that such consequences could be avoided. Crimes under the control of this psychological attitude belong to negligent crimes. There are two kinds of negligent crimes: one is negligence and the other is overconfidence.
3. Self-defense and emergency avoidance
(1) Self-defense
Self-defense refers to an act that is not obviously beyond the necessary limit and does not cause significant damage to the infringer in order to protect the national and public interests and the personal, property and other rights of oneself or others from ongoing illegal infringement.
Self-defense is a right given to citizens by law. When legal rights are illegally violated, citizens have the right to fight back against illegal infringers. Self-defense not only does not constitute a crime, but also is protected by law.
Excessive defense refers to the behavior that the defensive behavior obviously exceeds the necessary limit and causes great damage. Article 20 of the Criminal Law stipulates that excessive defense should bear criminal responsibility, but the punishment should be mitigated or exempted.
In addition, the third paragraph of Article 20 of the Criminal Law also specifically stipulates: "Taking defensive actions against violent crimes such as assault, murder, robbery, rape and kidnapping that seriously endanger personal safety, resulting in unlawful infringement of human casualties, is not excessive defense and does not bear criminal responsibility." This situation is called the right of special defense.
(2) Emergency avoidance
Emergency avoidance refers to the act of harming the legal rights of another minor in order to protect the state, public interests, the person, property and other rights of oneself or others from the ongoing danger.
Paragraph 2 of Article 2 1 of the Criminal Law stipulates: "If the emergency avoidance exceeds the necessary limit and causes undue damage, it shall bear criminal responsibility, but the punishment shall be mitigated or exempted."
4. Principal punishment
(1) control
Control is a penalty method that does not detain criminals but restricts their freedom. For criminals with minor crimes, control can be applied, and fewer people can be detained to avoid possible cross-infection caused by prison detention. The control period is more than 3 months and less than 2 years. Controlled sentencing can be based on the circumstances of the crime, and criminals are prohibited from engaging in specific activities, entering specific areas, places and contacting specific people during execution. For criminals sentenced to public surveillance, community correction should be carried out according to law. Violation of the above prohibition order shall be punished by the public security organ in accordance with the provisions of the Law of People's Republic of China (PRC) Municipality on Public Security Administration Punishment.
Article 40 of the Criminal Law stipulates: "When a criminal sentenced to public surveillance expires, the executing organ shall immediately announce the lifting of public surveillance to himself and the people in his unit or residence."
Article 4 1 of the Criminal Law stipulates: "The period of control shall be counted from the date of execution of the judgment; If you are detained before the execution of the judgment, the detention 1 day is reduced to 2 days. "
(2) Criminal detention
Criminal detention is a short-term deprivation of personal freedom of criminals, which is executed by public security organs nearby. Criminal detention is different from detention. Criminal detention is a method of punishment. Public security detention belongs to public security administrative punishment, which is applicable to those who violate public security management but have not yet reached the level of crime. Criminal detention is a compulsory measure in criminal proceedings. The term of criminal detention is 1 month to 6 months. A criminal sentenced to criminal detention shall be executed by the public security organ nearby. During the execution, criminals sentenced to criminal detention can go home for one or two days a month; Those who take part in labor may be paid as appropriate.
Article 44 of the Criminal Law stipulates: "The term of criminal detention shall be counted from the date of execution of the judgment; If you are detained before the execution of the judgment, the detention 1 day will be reduced to 1 day. "
(3) fixed-term imprisonment
Fixed-term imprisonment is a penalty method that deprives criminals of personal freedom for a certain period of time and implements compulsory labor and educational reform. The term of fixed-term imprisonment is generally more than 6 months and less than 15 years. When he committed only one crime, he was sentenced to fixed-term imprisonment, and the longest sentence could only be 15 years. When several crimes are punished together, the fixed-term imprisonment can exceed 15 years, but the longest can not exceed 25 years.
Article 47 of the Criminal Law stipulates: "The term of fixed-term imprisonment shall be counted from the date of execution of the judgment; If you are detained before the execution of the judgment, the detention 1 day will be reduced to 1 day. "
Criminals sentenced to fixed-term imprisonment shall be executed in prisons or other places of execution; Anyone who has the ability to work should take part in labor, receive education and reform.
(4) Life imprisonment
Life imprisonment is a penalty method of depriving criminals of their freedom of life and carrying out compulsory labor education and reform. Life imprisonment is essentially depriving criminals of their freedom for life, and there is no time limit for detention. However, in practice, if a prisoner conscientiously abides by prison regulations, receives education and reform, and truly repents or makes meritorious deeds, he can try his best to commute his sentence to fixed-term imprisonment or get parole instead of life imprisonment.
(5) Death penalty
The death penalty is a penalty method to deprive criminals of their lives. This is the most severe punishment. Article 48 of the Criminal Law stipulates that the death penalty is only applicable to criminals who commit extremely serious crimes. In addition, the Criminal Law Amendment (VIII) stipulates that the death penalty is not applicable to people who are under the age of 18 at the time of committing the crime and women who are pregnant at the time of trial. The death penalty does not apply to people who have reached the age of 75 at the time of trial, except those who cause death by particularly cruel means. There are two execution systems of the death penalty, one is immediate execution of the death penalty, and the other is a two-year suspension of execution of the death penalty. If the death penalty is suspended, if there is no intentional crime during the suspended period, it will be commuted to life imprisonment after the expiration of two years; If there is indeed a significant meritorious service, after the expiration of 2 years, it will be reduced to 25 years in prison; If the crime is intentional and verified, the Supreme People's Court will approve the execution of the death penalty.
5. Additional punishment
(1) fine
Fines are a penalty method that the court sentences criminals to pay a certain amount of money to the state. Fines are different from administrative fines. Fine is a penalty method, which can only be applied by the court to individuals or units that constitute crimes according to the provisions of the criminal law; A fine is an administrative punishment that the public security organs and other relevant administrative organs apply to people or units that only commit ordinary illegal acts (which do not constitute a crime).
(2) Deprivation of political rights
Deprivation of political rights is a penalty method to deprive criminals of the right to participate in state management and political activities.
Deprivation of political rights as an additional punishment can be applied independently or additionally.
Paragraph 1 of Article 58 of the Criminal Law stipulates: "The period of additional deprivation of political rights shall be counted from the date of completion of fixed-term imprisonment or criminal detention or the date of parole; The effect of deprivation of political rights is of course applicable during the execution of the principal punishment. " In other words, criminals who are additionally deprived of political rights naturally do not enjoy political rights during the execution of the principal punishment.
(3) Confiscation of property
Confiscation of property refers to the penalty method of forcibly nationalizing part or all of a criminal's personal property for free. If all property is confiscated, necessary living expenses shall be reserved for criminals and their families. When sentenced to confiscation of property, the property owned or deserved by the criminal's family members shall not be confiscated.
(4) Deportation
Deportation is a punishment method to force criminals to leave the border of China. Expulsion can be applied independently or additionally to foreigners who commit crimes.