A. In China, guiding cases are the source of formal law.
B. The judgment is a normative legal document.
C. The judge used analogical reasoning in this case.
In China, the Supreme Court and courts at all levels can issue guiding cases.
Test answer
C
Test analysis
Option a is wrong. The formal sources of law in China include the Constitution, laws and international treaties, while the guiding cases are not.
Option b is wrong. Normative legal documents can be repeatedly applied to an unspecified class of people or things. The judgment is aimed at specific people and things and cannot be applied repeatedly. This is a non-normative legal document.
C option is correct. In this topic, the judge refers to the guiding case, starting from the similarity between the guiding case and the contract dispute being tried, and deduces that the guiding case can apply the standard of "confusion of legal personality", which is the process of analogical reasoning.
Wrong d option. In China, only the Supreme People's Court can issue guiding cases.
12. "When choosing a legal norm, a legal person must be based on the whole legal system of the country, that is, he must have an overall understanding and mastery of the laws of the country. More importantly, he must choose a legal norm that conforms to the facts of the case he believes. He must not only understand and master the literal meaning of the law, but also understand and master the meaning behind the law. " Which of the following understandings is wrong about this statement?
A. the application of law must face the problems of norms and facts.
B when the literal meaning of the law is not clear, we can understand its meaning through the legal system.
C. The legal system consists of a country's existing laws and laws that were once effective in history.
The literal meaning of the law is sometimes inconsistent with the meaning behind the law.
Test answer
C
Test analysis
Option a is correct. If a legal person wants to apply certain norms to a specific case, he must turn the pure facts of life described to him by the parties into "legal facts", which are not always presented to the judge. Instead, he must consider the known facts on the one hand and the legal importance of individual facts on the other, and only on the basis of these two can he form the facts of the case. Therefore, the application of law is a process of shuttling back and forth between facts and norms.
B option is correct. "He must choose legal norms on the basis of the whole legal system of the country" and put the norms into the whole legal system to understand its meaning, which is the systematic interpretation in the method of legal interpretation.
C option is wrong. The legal system consists of a country's current effective legal system, excluding laws that have come into effect in history.
The d option is correct. Any legal term has its literal meaning, which can be obtained by literal interpretation of law. However, when a legal person chooses a legal norm that is consistent with the facts of his own case, he should not only understand and master the literal meaning of the law, but also understand and master the meaning behind the law. With the development of society, in some cases, the literal meaning of law is not consistent with the meaning behind it, and it is necessary to use the methods of system interpretation, historical interpretation or purpose interpretation to obtain applicable legal norms.
13. Some scholars have explained the emergence of the law as follows: the initial dispute resolution method may be that both parties find an elder who is trusted by both parties, tell him what happened and let him make a ruling; But when there are too many disputes, which occupy all the time of one hundred elders, an institutionalized dispute resolution mechanism becomes necessary, and this is the original law. Which of the following statements is true?
A reflects the law of social adjustment from individual adjustment to normative adjustment.
B. Explain that law is always the primary tool for social adjustment.
C. see the role of economic factors and political factors in the legal process.
D. emphasize the difference between law and other social norms.
Test answer
A
Test analysis
Option a is correct. The emergence of law has experienced the development process from individual adjustment to normative adjustment, and from general normative adjustment to legal adjustment. The early social adjustment in primitive society is often individual adjustment, that is, adjustment that is only applied once to specific people and behaviors. When some social relations develop into regular and stable phenomena, people provide behavior patterns for such social relations in order to improve efficiency and save costs, so individual adjustment develops into normative adjustment, that is, unified and repeated adjustment.
Option b is wrong. As the primary tool of social adjustment, law is the result of the practice of modern countries ruled by law. The social norm of primitive society is habit, which combines social norms such as law, morality and religion. With the development of society, law began to separate from morality and religion, and played an important role in social adjustment. Law was not the main tool of social adjustment from the beginning.
C option is wrong. This question only reflects the process of the adjustment mode of primitive society from individual adjustment to universal adjustment, and does not show the influence of economic and political factors, nor does it reflect the difference between law and religious and moral social norms, so option D is wrong.
14. Which of the following statements is correct about legal modernization?
A. The modernization of internal hairstyle method is dependent and has obvious tool color.
The modernization of exogenous law was conceived and developed under the specific historical background of western civilization.
C. the modernization of exogenous law is passive, and external factors are the initial driving force.
D the initial form of legal modernization in China is judicial leadership.
Test answer
C
Test analysis
Option a is wrong. According to the power source of legal modernization, the process of legal modernization can be roughly divided into endogenous legal modernization and exogenous legal modernization. The modernization of exogenous law means that under the influence of external environment, society is impacted by external forces, which causes changes in ideological, political and economic fields, and finally leads to innovations in legal and cultural fields. The modernization of exogenous law is passive, dependent and repetitive, and people of insight in this nation hope to make the nation strong through reform, which is obviously instrumental.
Option b is wrong. The modernization of endogenous law refers to the internal innovation of law produced by the power of a specific society. This modernization is a spontaneous, bottom-up, slow and gradual change process, which was conceived and developed under the specific social and historical background of western civilization.
C option is correct. The modernization of exogenous law means that under the influence of external environment, society is impacted by external forces, which causes changes in ideological, political and economic fields, and finally leads to innovations in legal and cultural fields. The modernization of exogenous law is passive and dependent, and external factors are the initial driving force.
Wrong d option. Contemporary China's legal modernization is dominated by legislation, and the work in the legislative field is relatively easy to advance, so China's legal modernization has developed rapidly at the institutional level.
15. Hanshu? The Biography of Chen Chong describes the relationship between ceremony and punishment in the Western Zhou Dynasty: "When the ceremony comes, the punishment is taken, and the rudeness is punished." Which of the following options is correct about the understanding of ritual punishment in the Western Zhou Dynasty?
List which option is correct?
A. Zhou Li is divided into five rites, the core of which is "pro" and "respect", which stipulates the level of political relations.
B. The five punishments of the Western Zhou Dynasty, Jimo, Mo, Mo, Gong and Da Bi, were applicable to ordinary people, not to nobles.
C. "Rite" has no legal nature, and lacks national coercive power, so it needs "punishment" as a supplement.
D. It is illegal to violate the ceremony, and both "ceremony" and "punishment" are indispensable for maintaining the rules.
Test answer
D
Test analysis
Option a is correct. There are five aspects of rites in the Western Zhou Dynasty, which are generally called "Five Rites": Jia Bing, an army of good and bad luck. Its core is mutual respect, including both political relations and blood relations.
Option b is wrong. The five punishments in pre-Qin usually include Mo, Mo, Mo, Gong and Da Bi. These five punishments are also applicable to aristocratic bureaucrats, but they enjoy certain privileges in applying punishments.
C option is wrong. Rites in the Western Zhou Dynasty have the nature of law.
The d option is correct. In the Western Zhou Dynasty, "gifts must be punished", and punishment is to punish all behaviors that violate the ceremony.
16. The rulers of Qin summarized the experience of the previous generation in law enforcement, and combined with the characteristics of the current dynasty, formed some principles of penalty application. Which of the following options is correct about the statement about the principle of Qin law?
A regarding the determination of criminal responsibility, according to height, both men and women who are more than six feet two inches tall are adults, and they should bear criminal responsibility for committing crimes.
B attach importance to people's subjective consciousness, investigate criminal responsibility for intentional acts, and dismiss negligent acts as having no criminal consciousness.
C. Increase the punishment for * * * offenders and recidivists, and reduce the punishment for surrendering after committing a crime and actively eliminating the consequences of the crime.
Whoever instigates an adult or a minor to commit a crime shall be given a heavier punishment for the same crime.
Test answer
C
Test analysis
Option a is wrong. Qin law takes height as the standard to judge whether you are an adult or not, and minors under six feet and five inches.
Option b is wrong. Qin law attaches great importance to the difference between intentional and negligent crimes, deliberately falsely accuses and frames people, subjectively without intention, and punishes them lightly according to the charges without trial.
C option is correct. Qin Law imposes heavier punishment on * * * offenders and recidivists, and alleviates the punishment by surrendering. If the consequences of the crime are eliminated voluntarily after the crime, the punishment may be mitigated or exempted.
Wrong d option. Instigating a minor to commit a crime is not the crime of abetting.
17. The litigation system in the Tang Dynasty was constantly improved, with the characteristics of connecting the past with the future. Which of the following options embodies the evidence-based conviction principle of Tang law?
A "Tang Law" stipulates that in the process of trial, "you must first judge the arguments with feelings and take the exam repeatedly. If you can't decide yet, put those who must be tortured on file, sentence them together, and then interrogate you, and offenders will be beaten by a stick. "
B. The Prison Break Law says: "The stolen goods are exposed, and the reason is not suspicious. Although it is not quoted, it must be broken according to the facts. "
C According to the law of the Tang Dynasty, it is "not suitable for interrogation" to discuss, demand, reduce or prohibit people of all ages.
D "Prison Break Law" says: "(Prison Break) must have a text introducing the law, order, style and style, and offenders will be fined 30."
Test answer
B
Test analysis
Option a is wrong. This is the legal provision of the Tang law when interrogating prisoners, which stipulates the conditions and quantity of torture, and has nothing to do with the principle of conviction by evidence.
Option b is correct. In this option, the evidence of theft is examined. If there is nothing suspicious, you can cite a case.
C option is wrong. This article means that people who enjoy a certain status, the disabled, the old and the young, are not tortured, which is based on the principle of punishment with compassion and has nothing to do with the principle of proving guilt.
Wrong d option. This article means that laws, decrees, models and forms must be cited in the trial of cases, which embodies the standardization of the trial of cases, rather than the conviction principle based on evidence. It is the provision of the Tang law on the principle of a legally prescribed punishment for a specified crime.
18. With the prosperity of commodity economy, various contract forms such as buying and selling, lending, leasing, mortgage, pawn and employment appeared in the Song Dynasty. Accordingly, which of the following statements is wrong?
A. the contract must be signed with the consent of both parties. If the contract is signed against the will of the parties, it should be "renewed".
B "live sale" in the sales contract means that the seller is obtained by credit first, and then the price is paid, and a written contract must be concluded.
C. Interest-bearing consumer loans are called loans, and there is a provision that "(the lender) shall not return profits" to prevent usury.
D in the land lease contract of the song dynasty, fixed rent can be implemented. If the tenant fails to pay the rent within the time limit, the landlord can complain to the government for it.
Test answer
B
Test analysis
Option a is correct. The Song Dynasty emphasized the agreement between the buyer and the seller, and it was necessary to "re-establish the constitution" for those who signed the contract against the will of the parties.
Option b is wrong. The "live sale" in Dian Lun of Song Dynasty is a transaction in which the right to use property is transferred to collect some benefits and the right of redemption is reserved.
C option is correct. The loan contract in Song Dynasty called the interest-bearing consumer loan a loan, and the interest-bearing loan was also called a "promise", which stipulated that "the borrower shall not make a rebate" and shall not charge usury and exploitation other than those stipulated by law.
The d option is correct. Landlords and tenants can sign land lease contracts and can implement fixed rents. If the tenant fails to pay the rent within the time limit, the landlord can complain to the government from the first day of October to the thirtieth day of the first month every year, and the government will recover it on his behalf.
19. Roman law has been neglected for a long time after Justinian, the emperor of East Rome. After a long historical period, there has been an upsurge of learning and adopting Roman law in western European countries, which is called the revival of Roman law in history. Which of the following statements is correct about the revival of Roman law?
A Roman law can meet the needs of the development and change of general property and contractual relations in western European countries at that time, and then it can be revived.
B. the revival movement began in about 10 century.
C. critical law school played a pioneering role in the revival movement.
D. Annotation school of law is committed to the combination of Roman law and judicial practice in western Europe, which promotes the research and application of Roman law.
Test answer
A
Test analysis
Option a is correct. The fundamental reason for the revival of Roman law was that the legal situation in western Europe at that time was extremely unsuitable for the development of commodity economy and social life. Roman law was the most complete law to adjust the relationship between commodity producers before capitalist society. This kind of legal heritage can meet the needs of the development and change of general property and contractual relations in western European countries at that time.
Option b is wrong. The revival of Roman law began with the discovery of the manuscript of Justinian theory in northern Italy in A.D. 1 135, and began in A.D.12nd century.
C option is wrong. Annotation school of law played a pioneering role in the revival of Roman law movement.
Wrong d option. The school of critical law is committed to the combination of Roman law and judicial practice in medieval western Europe, which has made new progress in the research and application of Roman law.
20. The characteristics of common law system and civil law system are as follows: ① Case law is the main source; (2) Take statute law as the main source; (3) Taking Germanic law as its historical origin; ④ Judges play an important role in the development of law; ⑤ Induction is the main reasoning method; ⑥ Deduction is the main reasoning method; ⑦ Litigation procedure tends to authoritarianism traditionally, and judges play an active role. Which of the following generalizations is correct?
A. The characteristics of common law system are: ① ③ ⑥ ⑦.
B. the characteristics of civil law system are: 2457.
C. The characteristics of the Anglo-American legal system are: ① ③ ④ ⑤.
D. The characteristics of civil law system are: ② ③ ⑤.
Test answer
C
Test analysis
Option a is wrong. ⑤ ⑤ belongs to the characteristics of the continental law system, not to the Anglo-American law system.
Option b is wrong. ④ ⑤ It belongs to the characteristics of Anglo-American law system, but not to the continental law system.
C option is correct.
Wrong d option. ⑤ It is the characteristic of Anglo-American legal system.