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Answers to the Examination Paper of Protection of Professional and Technical Personnel's Rights and Interests
true or false question
1. In a society ruled by law, the legitimate rights and interests of obligees can only be realized through the provisions of laws and the protection of state coercive power. (2 points) Score 2
no
2. Professional and technical personnel can enjoy corresponding wages after obtaining professional and technical qualifications. (2 points) Score 2
no
The professional and technical qualification examination is a unified examination organized by the whole country, with unified outline, unified examination questions, unified examination time and unified grading standards. (2 points) Score 2
be
4. Professional and technical personnel have worked in the same unit for more than 5 years, and both parties agree to renew the labor contract. Where professional and technical personnel propose to conclude a labor contract with no fixed term, the unit to which they belong shall agree to conclude it. (2 points) Score 2
no
5. Personal rights, as the main form of personal rights, take personal interests as the object and content, which is a necessary condition for natural persons to become human beings and legal subjects in the social sense. (2 points) Score 2
be
6. The biggest feature of a company is its legal personality, that is, in addition to many investors, the law has also drawn up a subject, which will independently bear external responsibilities. (2 points) Score 2
be
7. There are two forms of joint stock limited companies: sponsorship and subscription, with at least five promoters, more than half of whom must have domicile in China. Exceptionally, when a state-owned enterprise is transformed into a joint stock limited company, the number of promoters may be less than five, but it must be established by way of raising funds. (2 points) Score 2
be
8. China's company system stipulates three types: limited liability company, joint stock limited company and unlimited company. (2 points) Score 2
no
9. A partnership enterprise refers to an enterprise in which all partners * * * jointly contribute capital, operate in partnership, * * * enjoy benefits, * * * bear risks, and bear limited joint and several liability for the debts of the partnership enterprise. (2 points) Score 2
no
10. The law allows the injured party to change the contract by itself in case of serious misunderstanding of the contract. (2 points) Score 2
no
1 1. "agency by estoppel" stipulates that if the other party has reason to believe that the unauthorized agent has the power of agency, the contract concluded by the agent is valid. (2 points) Score 2
be
12. For a citizen's work, the term of publication, use and remuneration is the author's life and 50 years after his death, ending at 65438+February 3 1 in the 50th year after his death. (2 points) Score 2
be
13. The copyright of a work created jointly by two or more persons shall be shared by the co-authors. Even if a cooperative work is used alone, the author cannot enjoy his own part of the copyright. (2 points) Score 2
no
14. This store sells counterfeit "Zhonghua" brand cigarettes, so it cannot be considered that this store has infringed the "Zhonghua" brand trademark. (2 points) Score 2
no
15. Technical services refer to services provided by one party to solve specific technical problems for the other party with technical knowledge. (2 points) Score 2
be
16. A technical secret licensing contract refers to a contract in which the owner of a technical secret licenses his technical secret to others, and the user pays the licensor a royalty. (2 points) Score 2
be
17. China's science and technology award system consists of five awards: the highest national science and technology award, the national natural science award, the national technological invention award, the national scientific and technological progress award and the China people's international scientific and technological cooperation award. (2 points) Score 2
be
18. If a party refuses to accept the decision of the patent administrative authority on the handling of patent infringement, he may bring a lawsuit to the people's court within 2 months from the date of receiving the decision. If neither prosecution nor execution is carried out at the expiration of the time limit, the patent administration organ may request the people's court for compulsory execution. (2 points) Score 2
no
19. As long as workers have actually become members of enterprises and individual economic organizations and provided them with paid labor, the labor law should be applied. (2 points) Score 2
be
20. Arbitration is a necessary procedure to solve labor disputes through litigation, which is different from the general way of solving civil disputes. (2 points) Score 2
be
multiple-choice
1. The following exclusive professional and technical personnel enjoy the rights and interests of () (2 points) score 2.
The right to receive treatment corresponding to professional titles
2. The following are legitimate rights and interests (legal interests) () (2 points) Score 2.
compensation for damages
3. The following professional and technical qualifications obtained through the national examination are () (2 points) with a score of 2.
programmer
4. The () of the "Qualification Certificate" obtained by the personnel who have passed the professional and technical qualification examination is 2 points.
Provincial personnel department
5. The minimum registered capital for the establishment of a joint stock limited company is () (2 points). Score 2.
100000 yuan
6. When establishing a limited liability company, the legal requirement for shareholders is () (2 points) with a score of 2.
More than 2 people and less than 50 people.
7. The following audit stipulated by the state refers to () (2 points), with a score of 2 points.
Industry audit
8. A contract in which a person who has no right to dispose of another person's property sells or rents the property through a contract is () (2 points). Score 2.
An indefinite contract
9. The following commodity trademarks subject to compulsory registration are () (2 points) and 2 points.
Hongta Mountain
10. The technology development contract should be concluded in the form of () (2 points), with a score of 2 points.
on paper
1 1. The Law of People's Republic of China (PRC) on Guarding State Secrets was enacted in () (2 points). Score 2.
1988
12. According to the law, the grace period after the expiration of the trademark validity period is () (2 points), and the score is 2 points.
6 months
multiple-choice question
1. At present, the popular salary incentive methods mainly include () (2 points) and 2 points.
Annual salary system
skill wage
flexible benefits programs
Employee stock ownership plan and option system
2. The performance principles of the labor contract are as follows (2 points) and 2 points.
Personally implement this principle.
The principle of full implementation
Principle of cooperative performance
3. Employed professional and technical personnel can notify the employing unit to terminate the labor contract at any time () (2 points) Score 2.
During the probation period
The employing unit forces labor by means of threats of violence or illegal restriction of personal freedom.
The employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract
4. The social security system under construction in China includes () (2 points). Score 2.
social security
social relief
social welfare
Social special care
5. The Company Law stipulates that the condition for issuing new shares by a joint stock limited company is () (2 points), with a score of 2 points.
All the previous shares have been raised, and the time interval exceeds 1 year.
The company has been making profits for the past three years and can pay dividends to shareholders.
There is no false record in the company's financial and accounting reports for the last three years.
The company expects the profit rate to reach the profit rate of bank deposits in the same period.
6. It can be concluded that private lending is invalid () (2 points) Score 2.
Enterprises illegally raise funds from employees in the name of lending.
Enterprises illegally raise funds from the society in the name of lending.
Enterprises issue loans to the public in the name of lending.
7. Usually, the main factor affecting the return on investment of an enterprise is () (2 points) with a score of 2.
Company profitability
taxation
Enterprise distribution model
8. The way to conclude a contract can be scored by () (2 points).
in written form
Speech mode
Telephone, fax and e-mail methods
Mode of auction or bidding
9. The basic principles of contract law are () (2 points) and 2 points.
Equality, voluntariness and fairness
Honesty and credit
Abide by the law and public interests.
10. The service invention and creation completed by executing the task of this unit refers to () (2 points) and scores 2 points.
Inventions and creations accomplished in one's own work
In addition to his own work, he accepts inventions and creations completed by tasks assigned by the unit.
Inventions and creations completed within 1 year after resignation, retirement or job transfer related to the job undertaken by the original unit or the tasks assigned by the original unit.
1 1. The patent licensing contract is divided into () (2 points) 2 points.
Exclusive license contract
Exclusive license contract
General license contract
12. If the state-level technical secret is transferred in China, the contract must specify that the () (2 points) score of the technology is 2 points.
Safety classification
Secrecy period
Confidential content
13. The people's court with the jurisdiction of first instance in patent infringement cases in China is () (2 points).
Intermediate people's courts where the people's governments of provinces, municipalities directly under the Central Government and autonomous regions are located.
Intermediate People's Court of Special Economic Zone
Intermediate People's Court designated by the Supreme People's Court.
14. According to the law, the legal liability for infringement of intellectual property rights is () (2 points). Score 2.
civil liability
criminal responsibility
administrative penalty
15. To judge whether an act infringes the patent right of others depends on () (2 points) score 2.
Does the actor exploit his patent without the permission of the obligee?
Does the actor implement the patent for the purpose of production and operation?
Is the actor subjectively at fault?
16. The scope of handling labor disputes stipulated in the Regulations on Handling Labor Disputes in Enterprises mainly includes () (2 points) with a score of 2.
Disputes arising from dismissal, delisting, dismissal of employees, resignation of employees, voluntary resignation, etc.
Disputes arising from the implementation of state regulations on wages, insurance, welfare, training and labor protection.
Disputes arising from the performance of labor contracts
Other laws and regulations shall apply to the regulations on handling labor disputes in enterprises.
17. The cause of labor disputes is usually () (2 points) with a score of 2.
Disputes arising from the implementation of labor laws and regulations
Disputes arising from the performance of labor contracts and collective contracts
18. The requirement for the parties to request the patent administrative department to handle patent infringement disputes is () (2 points), with a score of 2.
The plaintiff has a direct interest in the dispute.
There is a clear respondent.
There are specific requirements and factual basis
The parties fail to bring a lawsuit to the people's court to resolve the dispute.
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Protection of professional and technical personnel's rights and interests All the correct answers to each chapter's homework.
Homework 1. 1 Total score: 100 Your score: 100 Grade: 100.
Description:
Requirements: must
true or false question
1. In a society ruled by law, all social rights rise to legal rights. (10) score 10
no
2. Professional ethics is the basis of a country's normal social and economic operation and continuous improvement of international competitiveness. (10) score 10
be
multiple-choice
1. Among the following items, the legal right (legal interest) is () (20 points), with a score of 20 points.
compensation for damages
multiple-choice question
1. Which of the following belongs to the professional and technical personnel of the unit () (30 points) out of 30 points?
Software engineer in IT enterprise research room.
The designer of the design room of the architectural design institute
2. The following rights and interests protected by law are () (30 points), with a score of 30 points.
Right to work
The right to choose a job
Ownership of invention
Homework 2. 1 Total score: 100 Your score: 100 Grade: 100.
Description:
Requirements: must
true or false question
1. The examination and identification of professional and technical qualifications shall be conducted by the superior competent department of the unit where the professional and technical personnel work. (10) score 10
no
2 professional and technical qualification examination refers to the unified national organization, unified outline, unified examination questions, unified examination time and unified scoring standards. (10) score 10
be
multiple-choice
1. The qualification certificates obtained by those who have passed the professional and technical qualification review shall be uniformly printed by (). (20 points) Score 20
Provincial personnel department
multiple-choice question
1. Professional and technical personnel who have obtained professional and technical qualifications refer to those who are engaged in professional and technical work in (). (30 points) Score 30
enterprise and public institution
Non-public economic entity
Foreign-invested enterprises (Chinese personnel)
2. Professional and technical personnel shall obtain the professional and technical qualifications stipulated by the state through () and other forms. (30 points) The score is 30.
evaluation of professional titles
qualification test
Inspection and determination
Homework 2.2 Total score: 100 Your score: 100 Grade: 100.
Description:
Requirements: must
true or false question
1. A labor contract is a "promise contract" in law. As long as both parties reach an agreement orally or in writing, the contract will be established and come into effect. (10) score 10
no
2. Personal rights, as the main form of personal rights, take personal interests as the object and content, which is a necessary condition for natural persons to become human beings and legal subjects in the social sense. (10) score 10
be
multiple-choice
1. The salary of the annual salary system is calculated in years and divided into two parts (). (20 points) Score 20
Basic salary and risk salary
multiple-choice question
1. The employed professional and technical personnel can notify the employer to terminate the labor contract at any time (). (30 points) Score 30
During the probation period
The employing unit forces labor by means of threats of violence or illegal restriction of personal freedom.
The employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract
2. The main reason why the labor contract is invalid is () (30 points) with a score of 30.
The subject of the contract is unqualified.
The contents of the contract are illegal
The expression of meaning is untrue.
The contract format is illegal.
Homework 3. 1 Total score: 100 Your score: 100 Grade: 100.
Description:
Requirements: must
true or false question
1. In addition to the provisions on the registered capital limit, Chinese laws require authorized capital system for domestic companies and paid-in capital system for Chinese-foreign joint ventures and cooperative limited companies. (10) score 10
no
2. There are two forms of joint stock limited companies: sponsorship and subscription, with at least five promoters, more than half of whom must have domicile in China. Exceptionally, when a state-owned enterprise is transformed into a joint stock limited company, the number of promoters may be less than five, but it must be established by way of raising funds. (10) score 10
be
multiple-choice
1. When establishing a limited liability company, the legal requirement for shareholders is (). (20 points) Score 20
More than 2 people and less than 50 people.
multiple-choice question
1. Partners in a partnership can be divided into three types: (). (30 points) Score 30
Quit at will
Legal withdrawal
Remove sb.' s name from the list
2. The form of capital contribution for establishing a limited liability company can be () (30 points), 30 points.
money
material object
industrial property right
land use right
Homework 3.2 Total score: 100 Your score: 100 Grade: 100.
Description:
Requirements: must
true or false question
1. Industrial policies, industrial standards, examination and approval of enterprise establishment and registration of enterprise establishment are all components or related contents of the market access system. (10) score 10
be
2. A partnership enterprise refers to an enterprise in which all partners * * * jointly contribute capital, operate in partnership, * * * enjoy benefits, * * * bear risks, and bear limited joint and several liability for partnership debts. (10) score 10
no
multiple-choice
1. Which of the following incomes should be taxed at the excess cumulative tax rate? (20 points) Score 20
Wages and salaries
multiple-choice question
1. Usually, the main factor affecting the return on investment of enterprises is (). (30 points) Score 30
Company profitability
taxation
Enterprise distribution
2. The Detailed Rules for the Implementation of Penalties for Violation of Foreign Exchange Control in People's Republic of China (PRC) stipulates that enterprises shall not commit illegal acts, which means that () (30 points) score is 30.
Arbitrage behavior
Foreign exchange evasion behavior
Disrupt financial behavior
Homework 3.3 Total score: 100 Your score: 100 Grade: 100.
Description:
Requirements: must
true or false question
1. "agency by estoppel" stipulates that if the counterpart has reason to believe that the unauthorized agent has the power of agency, the contract concluded by the agent is valid. (10) score 10
be
2. The right of revocation refers to the right of the creditor to request the people's court to revoke the debtor's behavior when the debtor is lazy in exercising his due creditor's rights, thus causing damage to the creditor. (10) score 10
no
multiple-choice
1. An invalid contract refers to a contract signed under the following circumstances (). (20 points) Score 20
Cover up illegal purposes in a legal form
multiple-choice question
1. The basic principle of contract law is (). (30 points) Score 30
Equality, voluntariness and fairness
Honest, sincere and practical
Abide by the law and public interests.
2. The liability for breach of contract by the party concerned includes () (30 points), and the score is 30 points.
Real economic indicators
compensation for damages
fine
deposit
Homework 4. 1 Total score: 100 Your score: 100 Grade: 100.
Description:
Requirements: must
true or false question
1. The patent right is the right granted by the patent law to the legal owner of an invention and creation to exclusively exploit his invention and creation. (10) score 10
be
2. For a work created jointly by two or more persons, the copyright shall be shared by the co-authors. Even if a cooperative work can be used alone, the author cannot enjoy his own part of the copyright. (10) score 10
no
multiple-choice
1. The trademark of the following compulsory registered goods is (). (20 points) Score 20
Hongta Mountain
multiple-choice question
1. The following moral rights belonging to copyright refer to (). (30 points) Score 30
publishing right
Signature right
Right of revision
Protect the right to integrity of works
2. The prerequisite for granting the patent right for invention or utility model is () (30 points), with a score of 30 points.
novel
creativity
feasibility
Homework 4.2 Total score: 100 Your score: 100 Grade: 100.
Description:
Requirements: must
true or false question
1. The Contract Law stipulates that a legal person or other organization shall extract a certain percentage from the income obtained from the use and transfer of the technical achievements of the post, and reward or reward the individuals who have completed the technical achievements of the post. (20 points) Score 20
be
2. Technical service refers to the service that the parties permit others to use their own technical knowledge. (20 points) Score 20
no
multiple-choice question
1. In addition to the general provisions of the contract law that apply to the invalidity of technology contracts, the reasons for the invalidity of technology contracts also involve (). (20 points) Score 20
Illegal monopoly of technology hinders technological progress.
Infringe on others' technological achievements
2. The patent licensing contract can be divided into (). (20 points) Score 20
Exclusive license contract
Exclusive license contract
General license contract
3. The payment method of the price, remuneration or use fee of the technology contract is generally () (20 points), with a score of 20 points.
Finally, once and for all.
One-time payment and installment payment
Commission payment
Commission payment plus prepaid registration fee
Homework 4.3 Total score: 100 Your score: 100 Grade: 100.
Description:
Requirements: must
true or false question
1. The technological invention that won the national technological invention award shall meet the conditions that the predecessors did not invent or did not disclose it; Advanced and creative; After implementation, it has created remarkable economic or social benefits. (20 points) Score 20
be
2. The highest national science and technology award is awarded certificates and prizes by the State Council. (20 points) Score 20
no
multiple-choice question
1. The basic feature of secret science and technology is (). (20 points) Score 20
progress
feasibility
Uniqueness or uniqueness
hide
2. The transfer of state technical secrets within the territory of China, the contract must specify the technology (). (20 points) Score 20
Safety classification
Secrecy period
Confidentiality obligations undertaken by the transferee
3. The level of national science and technology secrets is divided into () (20 points) with a score of 20 points.
Top secret level
Confidentiality level
Secret grade
Homework 5. 1 Total score: 100 Your score: 100 Grade: 100.
Description:
Requirements: must
true or false question
1. The settlement of labor disputes should follow the principles of legality, fairness and timely handling, and safeguard the legitimate rights and interests of workers according to law. (20 points) Score 20
no
2. As long as workers have actually become members of enterprises and individual economic organizations and provided them with paid labor, the labor law should be applied. (20 points) Score 20
be
multiple-choice question
1. The cause of labor disputes is usually (). (20 points) Score 20
Disputes arising from the implementation of labor laws and regulations
Disputes arising from the performance of labor contracts and collective contracts
2. Labor dispute handling institutions mainly include (). (20 points) Score 20
Labor dispute mediation Committee
Labor dispute arbitration commission
People's court
3. The handling principle stipulated in the Regulations on Handling Labor Disputes in Enterprises is () (20 points), with a score of 20 points.
Give priority to mediation and deal with it in time.
On the basis of finding out the facts, handle it according to law.
All parties are equal in the application of law.
Homework 5.2 Total score: 100 Your score: 100 Grade: 100.
Description:
Requirements: must
true or false question
1. Copyright contract dispute arbitration belongs to general civil arbitration, and arbitration can only be initiated by mutual agreement. (20 points) Score 20
be
2. If a party refuses to accept the decision of the patent administrative organ on the treatment of patent infringement, he may bring a lawsuit to the people's court within 2 months from the date of receiving the decision. If neither prosecution nor execution is carried out at the expiration of the time limit, the patent administration organ may request the people's court for compulsory execution. (20 points) Score 20
no
multiple-choice
1. In the method patent infringement lawsuit, regarding the burden of proof, the following statement is correct (). (20 points) Score 20
Be borne by the defendant
2. If a party refuses to accept the decision on administrative punishment made by the copyright administrative department, the time to bring a lawsuit to the people's court shall be from the date of receiving the decision () (20 points).
In three months.
multiple-choice question
1. According to the law, the legal liability for infringement of intellectual property rights depends on the situation. (20 points) Score 20
civil liability
criminal responsibility
administrative penalty