【Multiple Choice】(2016)Among the following statements about the capacity of natural civil rights and civil conduct, the correct one is ( ).
a. A natural person's capacity for civil rights and capacity for civil conduct arise at the same time.
b. The natural person's capacity for civil rights and civil conduct shall be extinguished at the same time.
c. A natural person's capacity for civil rights begins at birth and ends at death.
d. All natural persons have equal capacity for civil conduct, and there is no difference.
Answer: C Analysis: From the time of birth to the time of death, a natural person has the capacity for civil rights, enjoys civil rights in accordance with the law, and bears civil obligations. All natural persons have equal capacity for civil rights.
According to the theory of property law, among the following items, the basic principles of property law are ( ).
a. The principle of one thing, one right.
b. The legal principle of property rights.
c. The principle of publicity and credibility.
d. The principle of the sanctity of rights.
Answer: D Analysis: (1) Option ABC: The basic principles of property law: the principle of one thing, one right, the legal principle of property rights, and the principle of publicity and public trust. (2) Option D: The principle of the sanctity of rights is a basic principle of civil law.
According to the provisions of the criminal legal system, among the following items, the one that constitutes voluntary surrender is ( ).
a. The criminal suspect voluntarily surrenders and then flees.
b. The criminal suspect voluntarily surrenders and truthfully confesses his crime and then retracts his confession, but is able to truthfully confess before the first-instance judgment.
c. Accomplices in cases of joint crimes, truthfully confessing their own crimes.
d. The principal offender in a joint crime case truthfully confesses his or her own crimes.
Answer: B Analysis: (1) Option A: If the criminal suspect voluntarily surrenders and then flees, it cannot be found to be voluntary surrender;(2) Option B: Where a criminal suspect voluntarily surrenders and truthfully confesses his crime and then retracts his confession, it cannot be found to be voluntary surrender, but where he can truthfully confess before the first-instance judgment, it shall be found to be voluntary surrender;(3) Option CD: In addition to truthfully confessing his own crimes, the criminal suspects in joint crime cases should also confess to the co-offenders he knew, and the principal offender should confess the facts of the joint crimes of other co-defendants known to him before he can be found to have surrendered.
In 2014, with the consent of the employer, Company A, the general contractor, Company B, subcontracted part of the project contracted by itself to Company C, and later caused a loss of 10 million yuan to Company A due to the quality of the project completed by Company C
a. Company B shall be liable for compensation.
b. Company C shall be liable for compensation.
c. Company C shall bear the liability for compensation first, and Company B shall bear the liability for the insufficient part.
d. Company B and Company C shall be jointly and severally liable for compensation.
Answer: D Analysis: With the consent of the employer, the general contractor or the survey, design and construction contractor may hand over part of the work contracted by itself to a third party to complete, and the third party shall be jointly and severally liable to the employer with the general contractor or the survey, design and construction contractor for the work results it has completed.
In a case of intentional injury, Xiao Li was injured with a stick by Xiao Zhang, and Dr. Wang made an appraisal of Xiao Li's injuries, and the public security organs also obtained the testimony of Xiao Chen, an eyewitness at the scene. Xiao Li is a minor. In the present case, it is ( ) that is a party to the case
a, Xiao Chen. b, Xiao Li's parents and Xiao Zhang's parents.
c, Xiao Li and Xiao Zhang.
d. Dr. Wang.
Answer: C Analysis: This question examines the parties in a criminal case. In this case, Xiao Li's parents are Xiao Li's legal ** persons. Xiao Chen was the witness and Dr. Wang was the appraiser. Xiao Chen, Dr. Wang, and Xiao Li's parents are not parties and are other participants in the litigation. Xiao Li and Xiao Zhang are the parties. So, options a, b, and d are wrong.
Multiple choice] Of the following statements about the characteristics of a partnership, the correct one is ( ).
a. The partnership has the nature of a joint venture.
b. The partnership engages in non-fixed for-profit activities.
c. The partnership is a non-commercial partnership.
d. The partners are usually jointly and severally liable for the debts of the partnership.
Answer: D Analysis: This question examines the characteristics of a partnership. A partnership has the character of a group of people. So option A is wrong. Partnerships engage in more fixed for-profit activities. So option B is wrong. A partnership is a commercial partnership. So option c is wrong.
According to the provisions of the legal system of tax administrative penalties, among the following acts committed by the tax authorities, those that do not belong to tax administrative penalties are ( ).
a. Revoke the tax administrative license.
b. Order corrections within a time limit.
c. Collect or stop selling invoices.
d. Confiscation of illegal gains.
e. Collect and pay tax registration certificates.
Answer: BCE
Analysis: (1) Option AD: Tax administrative penalties include fines, confiscation of illegal gains, suspension of export tax rebate rights, and revocation of tax administrative licenses(2) Option B: An order made by the tax authority to make corrections within a time limit is different from a warning, and is not a tax administrative penalty, but an administrative order(3) Option C: The collection or suspension of invoices issued by the tax authorities is not a tax administrative penalty, but an indirect enforcement measure in the nature of an enforcement penalty(4) Option E: Some specific tax administrative acts taken by the tax authorities in accordance with the law, such as notifying the relevant departments to prevent leaving the country, canceling the qualification of general taxpayers, collecting tax registration certificates, stopping deductions, etc., are not tax administrative penalties.
Multiple choice questions] Among the following civil rights, the right to control is ( ).
a. Personal rights.
b. Intellectual Property Rights.
c. Property rights. d. Creditor's rights.
e. Right of defence.
Answer: ABC
Analysis: This question assesses dominance. The right of domination is the exclusive right to directly dominate the object and enjoy its benefits, such as property rights, personal rights and intellectual property rights. So options a, b, and c are correct.
According to the provisions of China's Civil Code, there are conditions for the support of younger brothers and sisters by older brothers and sisters, and these conditions are ( ).
a. Brother and sister can afford it.
b. The parents are deceased.
c. Parents are unable to support them.
d. Younger brother and sister are minors.
e. The younger brother and sister apply for maintenance.
Answer: ABCD
Analysis: This question assesses sibling relationships. The Civil Code stipulates that an older brother or sister who can afford it has the obligation to support a minor brother or sister whose parents have died or whose parents are unable to support them.
Multiple choice questions] According to the provisions of the legal system of administrative punishment, among the following expressions, the correct ones are ( ).
a. Where violations of the administration of public security are not discovered by the public security organs within 6 months, they will not be punished.
b. The Administrative Punishment Law stipulates that, unless otherwise provided by law, if the illegal act is not discovered by the administrative organ within 2 years after the occurrence of the violation, no administrative punishment shall be given.
c. Where the harmful consequences of illegal conduct are actively eliminated or mitigated, administrative punishment shall not be given.
d. Where the conditions for a hearing are met, and the parties request a hearing, they shall submit it within 5 days of being notified by the administrative organ.
e. The hearing shall be presided over by a person designated by the administrative organ who is not the investigator of the case.
Answer: ABE
Analysis: (1) Option C: Where the harmful consequences of illegal acts are actively eliminated or mitigated, the punishment shall be mitigated or commuted. (2) Option D: Where the conditions for a hearing are met, and the parties request a hearing, they shall submit the request within "3 days" after being notified by the administrative organ.