Unit 1 Rights and obligations accompany our bank.
1. Basic rights of China citizens? (p5)
Because the civil rights stipulated in the constitution are the most important and basic rights of citizens, they are called the basic rights of citizens.
What are the basic rights of China citizens? (p9)
The basic rights of citizens involve politics, economy, culture and other fields, covering family life, school life, social life and many other aspects. Specifically, it includes: ① the right to equality; ② Political rights and freedoms; ③ Freedom of religious belief; (4) personal freedom; Pet-name ruby see book! China's civil rights are extensive.
Constitution is the confirmation and guarantee of citizens' basic rights. )
2. The relationship between people and citizens (p6)
(1) (1) People are political concepts, and they have different class contents in different countries and different historical periods of the same country.
Citizen is a legal concept, which refers to a person who has the nationality of a certain country and enjoys rights and assumes obligations according to the constitution and laws of that country. (Note: The only criterion is nationality, which has nothing to do with age, nationality, religious belief or whether you live in China! )
(2) (1) At this stage, people in our country include (p4).
Workers, peasants, intellectuals and other socialist laborers, builders of the socialist cause, patriots who support socialism and patriots who support the reunification of the motherland.
② China citizens: people with China nationality.
Note that in our country, citizens include both people with Chinese nationality and people deprived of political rights:
A. Criminals deprived of political rights
B. people who split the country, hostile forces and hostile elements who are hostile to and destroy the socialist system.
3. China Civil Rights Protection System (p7)
The state respects and guarantees human rights. China has established a rights protection system with the Constitution as the core and legislative and judicial guarantees as the main contents to protect citizens' rights.
Legislative guarantee: it is to confirm the rights of citizens in the form of law and safeguard them with the coercive power of the state. (Can list some common and important laws)
Judicial guarantee: it refers to punishing all kinds of infringement by law and protecting citizens' rights.
4. How should citizens exercise their rights correctly? (p 10- 1 1) (Be sure to understand that "freedom is not absolute" and analyze it with these four articles! )
Citizens should respect the rights of others when exercising their rights. (Example of raising a dog)
(2) When exercising their rights, citizens shall not harm the interests of the state, society and the collective. (rumors during SARS)
(3) Exercise rights within the scope permitted by law. (Freedom of speech)
(4) exercising rights according to law. (In March, posters protesting demolition and opening stores without formalities)
Note: These four principles intersect. The first two principles say that the exercise of rights should not cross the border and should not infringe on the rights of others and the collective interests of the country and society. The last two articles talk about the right itself is legal, and it must be exercised in a legal way within the scope of law (substantive justice) (procedural justice! ! ! )
Difficulties: freedom of speech. You must exercise your rights within the scope permitted by law, and you must not insult or slander others. Freedom of speech shall not be used to instigate or incite others to commit acts that endanger national security, undermine national unity, damage social morality and disrupt social order.
5. Consistency between rights and obligations (p 14— 15)
We not only enjoy the rights stipulated by the Constitution and laws, but also fulfill our corresponding obligations to others and society. This is because in our country, the rights and obligations of citizens are the same:
First of all, each of us is not only the subject of enjoying rights, but also the subject of fulfilling obligations; (For example, education is both a citizen's right and a citizen's obligation)
Secondly, rights and obligations are inseparable, they correspond to each other and depend on each other. In legal relations, rights and obligations come into being at the same time and exist correspondingly. The realization of rights requires the performance of obligations, and obligations guarantee the realization of rights;
(3) Third, rights and obligations complement each other: fully enjoying and exercising rights can make you more consciously fulfill your obligations; Consciously fulfilling obligations will inevitably promote social development and create more favorable conditions for enjoying and exercising rights. (e.g. tax obligation-entitlement to benefits)
Note: "Without obligation, there is no right, and without right, there is no obligation" (Marx). You can't just enjoy rights without fulfilling obligations, or enjoy more rights without fulfilling fewer obligations; And vice versa!
We must "correctly exercise our rights according to law, consciously fulfill our obligations, and adhere to the principle of the unity of rights and obligations!"
Basic Obligations of China Citizens (p 16)
The citizen's obligation stipulated in our constitution is the basic obligation of citizens. (The specific content is marked in the textbook, ***6)
7. What is a legal obligation? (p 14)
Obligations are divided into legal obligations and moral obligations.
Among them, legal obligations refer to the obligations that citizens must fulfill under the Constitution and laws.
8. What is moral obligation, what is its function, and what are the basic moral norms that China citizens must abide by? (p 17)
(1) Meaning: It means that social members voluntarily assume moral responsibilities to others and society according to social ethics.
⑵ Significance: Both history and reality tell us that the voluntary performance of moral obligations by members of society is not only conducive to the formation of warm and harmonious interpersonal relationships, but also promotes the civilization and progress of the whole society;
⑶ Basic moral standards of citizens: patriotism and law-abiding, courtesy and honesty, unity and friendship, diligence and self-improvement, dedication and dedication.
Note: the topic of moral obligation
What is the relationship between China law and socialist morality? (p 19)
China's law and socialist morality cooperate with each other, promote each other and complement each other.
All acts prohibited by law are condemned by socialist morality; There are many legal obligations, which are also the requirements of socialist morality.
We actively implement the actions advocated and encouraged by law, which is conducive to carrying forward socialist morality and promoting the construction of socialist spiritual civilization.
"If virtue is preserved, law is necessary; Virtue is essential if you want to obey the law. " This is about the dialectical relationship between law and morality.
9. How to fulfill the civic duty? (to understand the use! )
We actively do what the law encourages us to do (such as encouraging public welfare undertakings, planting trees, scientific research, voluntary labor and blood donation).
We must do what the law requires (for example, we must pay taxes, perform military service, receive education, obey traffic rules, obey traffic rules, protect the environment, etc.). ) (also called positive obligation).
(3) We will never do anything prohibited by law (also called negative obligation).
Note: How to distinguish between what is necessary and what is forbidden? What the law requires is bound to make some specific behaviors; The latter does not do any specific behavior. For example, tax evasion is prohibited, and paying taxes according to law is a positive obligation; Stealing other people's property is forbidden, so you don't have to do anything, just live a normal life:)
Unit 2 Our Individual Rights
1. Composition and characteristics of personality right (p25)
(1) Personality right is the right to be a human being and the basic right of citizens. It includes
(1) material personality right (right to life and health)
② the right of spiritual personality (freedom, name, portrait, reputation and privacy)
(2) Characteristics of personality right (P24,25)
Personality right is the premise for people to connect themselves with society and have various contacts and exchanges with others.
(2) the right of personality is accompanied by life, and it has been with us since birth (it exists with life and is born with it).
(3) It is enjoyed by everyone alone, and cannot be transferred, abandoned or inherited, nor can it be illegally restricted by others, nor can it be divorced from our personal life. (exclusive)
2. The primary right among personality rights-the right to life and health (p25)
The Core Right of Personality Right —— The Right of Personal Dignity (p35)
3. The life and health of minors are specially protected by law (page 26).
(1) China's laws prohibit maltreatment and abandonment of minors, infant drowning and abandonment.
(2) It is forbidden for employers to illegally recruit minors under the age of 16 (i.e. child labor). See the question on page 3 of P24 of Learning.
③ It is forbidden to arrange underage workers (workers who have reached the age of 16 but not reached the age of 18) to engage in underground, toxic and harmful labor.
Note: The laws protecting citizens' right to life and health in China are: Constitution, Criminal Law, General Principles of Civil Law and Law on Public Security Administration Punishment.
The laws that specifically protect minors include the Law on the Protection of Minors and the Law on the Prevention of Juvenile Delinquency.
4. Care for the life and health of others (p3 1)
① While enjoying the right to life and health, we also have the corresponding obligation not to harm the life and health of others.
② Have the concept of "don't do to others what you don't want others to do to you" and respect the life and health of others; List the behaviors around you that respect the life and health of others.
(3) Love life, care about the life and health of others, and stay away from violence.
5. The meaning of the right of reputation (p38)
The right of reputation is the right that people enjoy according to law to evaluate their own objective society and exclude others' infringement.
Mainly manifested as: the right to control reputation interests and the right to maintain reputation.
Note that the right of reputation, portrait, name and privacy all belong to the right of personal dignity.
6. How does the law protect citizens' right of reputation? (Pages 38 and 39)
Violations of the right of reputation stipulated by law include:
(1) Insult: refers to the act of degrading personality and damaging the reputation of others by language, writing or violence, which can be divided into oral insult, written insult and violent insult. (such as public abuse, public sarcasm, ridicule, sarcasm, throwing others dirty water, etc. And insulting nicknames also count)
(2) Defamation: refers to the act of fabricating and spreading false facts out of nothing and maliciously slandering others, which can be divided into verbal slander and literal slander.
(3) The news report is untrue.
4 false accusation.
The above infringers are lightly condemned by public opinion, and seriously bear legal responsibility.
Note: Defamation means "making something out of nothing", but insult is not.
7. What is the meaning of portrait right? What are the manifestations of infringement?
(1) Citizens enjoy the right to control their portraits according to law, including the right to portrait, the right to use it and the right to receive remuneration. (p4 1)
Note: Portrait is a representation of human body image centered on appearance. Including painting (selfie), sculpture, paper-cutting, photography, video and so on. (40 pages)
Note: Minors who use their portraits and get paid must be represented or agreed by guardians.
(2) Infringement: (p4 1)
(1) For the purpose of making profits, the use of citizen portraits (advertisements, magazine covers, calendars) requires the consent of the portrait owner, otherwise it constitutes infringement.
(2) maliciously destroying, defacing or uglifying the portrait of a citizen.
(3) Personal attacks with portraits, etc.
8. What does the right to name mean? (p43) What are the manifestations of infringement? (Page 43-44)
(1) The right to name refers to the right of citizens to decide, use and change their own names according to law, as well as the right to exclude others' infringement.
Note: Names include official names, former names, pen names and stage names.
However, the name right of minors and mental patients shall be exercised by their guardians.
(2) Infringement:
Interfering with others' name rights (including interfering with others' decision, use and change of their own names);
2 stealing the name of others;
3 fraudulent use of other people's names.
Note: the crime of embezzlement is "Smith"; Fraudulent use is "impersonation".
9. The meaning and content of privacy (P48) (P46)
(1) Meaning: The right to privacy refers to the right of citizens to live a peaceful private life and keep private information confidential according to law.
Privacy refers to private secrets that citizens do not want to be known or made public, and has nothing to do with public interests. It includes three aspects: private information, personal affairs and private sphere (P46).
(2) Content: (Page 48-50)
(1) The right to a peaceful private life; (Interference, tracing, tracking, photographing, photography and other illegal activities disrupt private activities; Illegal search of other people's houses, luggage, schoolbags and bodies, illegal intrusion into citizens' houses and bedrooms, installation of eavesdropping and photo stealing devices, etc. )
(2) the right to keep private information confidential; Illegally collecting, disseminating, using and disseminating personal information such as reading diaries and letters.
(3) Privacy of private communication (private communication is specifically proposed to be protected! )
Note: Rights shall not be abused. If an individual's private life and personal information are related to social public interests and social and political life, they are not private and are not protected by privacy. Five Questions on Page 48 of Learning
Also, making something out of nothing belongs to slander and infringes on the reputation of others; Spreading the true information of others is an invasion of others' privacy.
10. Performance of invasion of privacy (p53)
Spying into other people's private lives,
Do everything possible to spy on other people's secrets by reading diaries and private letters.
Hearsay spreads the privacy of others,
Illegal use of personal information of others, etc. , is an invasion of privacy.
Unit 3 Our Cultural and Economic Rights
1. the role of education (P59-60)
From a personal point of view: ① Education plays a vital role in a person's growth: on the one hand, education is the preparation for everyone's life. By transmitting culture to individuals, people can master the previous experience beyond their own opinions, share the knowledge wealth accumulated by human beings from generation to generation, and obtain the necessary premise of independent life. On the other hand, stimulate people's potential, constantly improve and innovate themselves, thus opening up the road of human development and laying the foundation for the future.
On the other hand, through education, people can master knowledge and skills, get good employment opportunities, enrich themselves and enjoy modern civilization. Otherwise, it is difficult to gain a foothold in society. Education is very important to the success or failure of an individual's life, and education can lay the foundation for people's happy life in the future. In this sense, education acquires knowledge, and knowledge changes fate. .
⑵ From the national point of view, only by improving the cultural and scientific quality of citizens can we realize modernization and advance the process of democratization. For a nation and a country, education makes the future.
Therefore: Based on this, education is both our right and our obligation.
2. The meaning of the right to education (p60)
It means that citizens have the opportunity to receive national cultural education and have the right to get material help from education.
Education is both our basic right and our basic obligation.
3. What are the salient features of compulsory education? (p6 1)
Compulsory education refers to the national education that school-age children and adolescents must accept according to law and must be guaranteed by the state, society, schools and families. Compulsory education in China includes primary school and junior high school, which is called nine-year compulsory education.
Characteristics of nine-year compulsory education:
(1) Mandatory: the implementation and enforcement are guaranteed by the national mandatory force;
(2) Universality: All school-age children and adolescents should go to school to receive and complete compulsory education;
(3) Free: tuition and miscellaneous fees are exempted in the compulsory education stage.
Note: The obligation to receive education mainly includes three items:
① Enroll in school on time; (two) to receive compulsory education for a specified number of years and not to drop out of school; (3) Abide by laws and school discipline, respect teachers, and strive to complete the prescribed learning tasks.
4. The scope of personal property (p69)
Citizens' lawful income, savings, houses, daily necessities, cultural relics, books and materials, trees, livestock, means of production and other lawful property permitted by law.
Note: Illegal income is not personal property and is not protected by law.
essay question
5. The meaning of property ownership (pay attention to distinguish, understand and use! ) (page 70)
Refers to the property owner's right to possess, use, benefit and dispose of his property according to law.
6. What should I do when my property right is violated? (Page 72-74)
essay question
Civil Law: Confirming the ownership (premise) requires the infringer to stop the infringement, remove the obstruction, return the property, restore the original state and compensate for the losses;
Criminal law: investigate the criminal responsibility of criminals, including fixed-term imprisonment, life imprisonment, death penalty, etc.
Administrative law: when an administrative organ violates the law and infringes upon a citizen's property ownership in the process of exercising its functions and powers, the citizen may file an administrative lawsuit, demanding that the ruling be revoked according to law or giving administrative compensation.
7. The scope of the legal heir (p77)
Spouses, children, parents, brothers and sisters, grandparents and grandparents of the decedent.
Note: There are some special provisions, please refer to the following questions:
8. Statutory succession order (page 77)
The first order of legal succession: spouse, children, parents, and widowed daughter-in-law and widowed son-in-law who have done their main support obligations.
People in the second order: brothers and sisters, grandparents and grandparents.
Note: Distribution principle of inheritance. After the inheritance begins, the successor in the first order inherits, and the successor in the second order does not inherit. If there is no successor in the first order to inherit or the successor in the first order gives up inheritance, the successor in the second order will inherit.
9. Inheritance (pages 78-79)
Meaning, successor scope, successor sequence effect
Legal succession: refers to the mode of inheritance according to the scope and order of legal heirs and the principle of inheritance distribution.
Testamentary succession: refers to the decedent who made a will before his death, designating all or part of the estate to be inherited by one or more legal heirs. The decedent designates his own successor; However, it must be one or more legal heirs. Testamentary succession is determined by the will of the testator and is not limited by the order of succession. Testamentary succession is superior to legal succession.
Note: (1) There is also a legacy: that is, one's own property will not be left to relatives after death, but personal property will be given to people other than the state, the collective or the legal heir.
(2) The property inheritance right of minors is protected by law. Obtaining property ownership through inheritance is the main form for minors to obtain property. When the right to inherit property is infringed and the problem cannot be solved through consultation or mediation, it can be solved through legal channels. Minors enjoy ownership of the inherited property, which is usually managed by minors' guardians and may not be disposed of at will.
10. Provisions on legal protection of intellectual property rights p83
Laws include People's Republic of China (PRC) Copyright Law, People's Republic of China (PRC) Patent Law, People's Republic of China (PRC) Trademark Law, People's Republic of China (PRC) Anti-unfair Competition Law and so on.
What we can do is to protect our intellectual property rights in accordance with the law: if we find that our intellectual property rights have been infringed, for example, published or reprinted works have not been paid, patented inventions have been used for commercial purposes without obtaining corresponding benefits, and works or inventions have been plagiarized, we can pursue the infringer's responsibility and demand compensation for losses. If the circumstances are serious, criminal responsibility may be investigated.
1 1. Contents of the right to intellectual achievements (page 82)
The right of intellectual achievements refers to the civil rights that citizens or legal persons enjoy according to law for the achievements of intellectual activities created by themselves. Including: copyright, patent right, trademark right, trade secrets in anti-unfair competition, etc.
12. Consumer rights (pages 86-87)
Right to safety, right to know, right to choose independently, right to fair trade, right to claim compensation according to law, right to association, right to education, right to protect personal information, right to respect personal dignity and national customs, and right to supervision. (*** 10 items)
The basic law to protect the legitimate rights and interests of consumers in China is the Consumer Protection Law.
13. obligations of consumers (page 92)
Consumers should fulfill their obligations, maintain market order, and be cultured, orderly and morally noble. For example: (p92)
Unit 4 We advocate fairness and justice
1. People's understanding of fairness (P100-10/)
Different times, different societies and different individuals have different understandings of fairness when facing different problems.
Fairness is an important theme in social life. Fairness embodies people's pursuit of freedom, respect for rights and affirmation of their own strength.
② Fairness comes from comparison. Generally speaking, fairness in people's minds means that everyone who participates in social cooperation bears his share of responsibility and gets the benefits he deserves, otherwise it is unfair.
(3) Fairness is relative, its judgment is related to the standard of choice, its realization is related to the historical conditions at that time, and there will be some unfair phenomena in any society.
note:
& lt2> The relativity of fairness refers to both the relativity of fair judgment and the reality of fair realization. Different standards of choice will lead to different judgments on fairness, so we are required to learn to adjust our way of thinking appropriately and reflect on our values ideally, so as to look at life more objectively. The realization of fairness is always restricted by certain social conditions. No matter how hard we try, it is impossible to achieve absolute fairness. However, we still need to work hard to create a fairer society.
2. How to face unfair phenomena (legal, moral and psychological) (P 104- 105)
Facing the unfairness in life, we should:
(1) Enhance the awareness of rights, be good at finding solutions, seek help, and solve problems by legal means in order to seek maximum fairness; (law)
(2) We should realize that the judgment of fairness is restricted by personal values and ways of thinking. Sometimes you need to adjust your way of thinking and reflect on your values rationally. If it is really unfair and cannot be changed, we should treat it with a peaceful attitude, further take setbacks as the driving force and injustice as the stepping stone to motivate ourselves to work harder. (psychological)
We should advocate fairness, uphold justice, dare to fight against acts that undermine fairness and lend a helping hand to the victims. (morality)
Ps: What should you do when you see the following unfair phenomena?
When someone bullies: when the road is rough, draw your sword to help.
When someone abuses his power, neglects his duty or misappropriates public funds: report and expose.
When someone rejects dissidents and does unjust things: speak up and lend a helping hand to the victims.
Note: The psychological adjustment mentioned in the second point includes two aspects. One refers to the judgment of fairness, which is restricted by personal values and ways of thinking. Looking at the problem from another angle may be more comprehensive; On the other hand, it means that some things are really unfair, but they have happened and cannot be changed. Therefore, instead of complaining about others, it is better to deal with it with a peaceful attitude and seek ways to improve and compensate yourself on the basis of acknowledging the status quo.
3. The basic requirements of life P 108
Doing what is just and not doing what is unjust is the basic requirement of being a man.
4. The meaning of just behavior and unjust behavior (p 109)
In the social process, all acts that promote the progress and development of human society and safeguard the public interests and the legitimate interests of others are just acts; Any behavior that hinders the progress and development of human society and harms the public interests and the legitimate rights and interests of others is unjust.
5. The demand and importance of justice
(1) The demand of justice:
Justice requires us to respect people's basic rights, especially the right to life, and treat ourselves and others fairly;
(2) Fair treatment must be guaranteed by a fair system. This includes distributive justice, corrective justice and procedural justice.
Note: The justice of the system lies in that its procedures and rules are not formulated for a few people, but for the benefit of all members of society, and everyone can benefit from them and be bound by them.
(2) Importance of justice: (P 109- 1 10)
Justice ensures the safety of people's lives and property, enables people to survive and develop and promotes social progress;
② When participating in social cooperation and competition, justice system supports and guarantees fairness; When we encounter unfair things, a just system supports the acquisition of fairness, and there is no real fairness without a just system;
Justice can avoid serious social differentiation through the regulation of the system, make our society develop healthily and continuously, and finally benefit every member of society and make the relationship between people more harmonious.
6. Requirements of social rules and procedures for social members (P112-113)
A just and just system is open to all members of society and requires everyone to abide by systems, rules and procedures; Oppose discrimination and do not allow privileges; Therefore, we should establish a sense of pride in consciously observing various social systems and rules from an early age, form a good habit of consciously observing various social systems and rules, and safeguard justice with practical actions.
There are some unfair behaviors in life, such as "evading tickets by car", so we can't take a negative attitude; On the contrary, we should act bravely and wisely, and stand up to safeguard rules, order and justice.
Note: Think about the short poem on page 1 13 in the textbook.
7. What is a person with a sense of justice (p 1 13)?
A person with a sense of justice will show appreciation and reverence for just behavior, be full of yearning and pursuit for justice, and be willing to put his admiration for justice into action;
In the face of unfair behavior, people will feel uneasy, dissatisfied and angry, and even take action to safeguard justice.
8. How to be a person with a sense of justice (p 1 15)
(1) Be upright and upright, stand at attention steadily, distinguish between love and hate, be upright and upright, and be selfless and fearless.
(2) If injustice happens to you, you should take appropriate measures to fight it;
If you see injustice happening to others, you can be brave, help to uphold justice, and give timely solidarity and assistance to the victims;
(4) Minors should not only have the spirit of being courageous, but also be good at being courageous and try their best to safeguard justice without hurting themselves.
⑤ We should not only strive for justice of ourselves and others, but also strive for collective justice and national justice.
In short, to be a person with a sense of justice, we not only need to distinguish between just and unjust behaviors, but more importantly, feel and sublimate the moral realm; To practice, to do justice. (Knowledge, Emotion and Action)
Please accept it if you are satisfied, O(∩_∩)O Thank you.