(Volume B, applicable to cadres and workers of party and government organs at all levels and participating management units)
Unit and code name and number work score
1. Fill in the blanks (each question 1 point, * * *1point)
1. The function of tort liability legal system can be expounded from many angles. There are two basic functions, one is and the other is.
2. After a mediation agreement is reached through mediation by the people's mediation committee, both parties may, if necessary, apply to the people's court within days from the effective date of the mediation agreement, and the people's court shall timely review the mediation agreement and confirm the validity of the mediation agreement according to law.
3. In the event of a dispute due to environmental pollution, the polluter shall bear the burden of proof in the case of not taking responsibility or reducing responsibility as stipulated by law and the relationship between behavior and damage.
4. It is forbidden to illegally copy, record and store state secrets. Prohibited on the Internet and other or
Transferring state secrets in wired and wireless communication.
5. The prices of renewable energy, heat and gas included in the urban pipe network shall be promoted according to renewable energy.
And according to the price management authority.
6. After the establishment of a supervisory organ, citizens, legal persons or other organizations have the right to lodge a complaint or report to the supervisory organ about the acts of any state administrative organ, its civil servants and other personnel appointed by the state administrative organ.
7, improve the system of letters and visits, timely handling of letters and visits, and effectively protect the rights and personal safety of petitioners and informants. Any administrative organ or individual shall not suppress or restrict the people's letters and visits for any reason or excuse, and shall not retaliate against the informants, and shall not hand over the materials and relevant information of letters and visits to the informants.
8, the village above the voting rights of villagers jointly, can request the recall of members of the villagers committee. The reason for the recall shall be put forward in the request for recall. The members of the villagers' committee who are proposed to be removed have the right to make representations. The villagers' committee shall convene a villagers' meeting in time to vote on the requirements for recall. The recall of members of a villagers' committee must be approved by more than half of all villagers.
9. Environmental issues are related to the survival and development of mankind and have become the common obligation of all countries in the world.
10, and the joint and several responsible persons shall determine the corresponding ones according to their respective responsibilities; If it is difficult to determine the size of the liability, it shall bear the same liability for compensation.
Second, multiple-choice questions (please choose a correct answer from the alternative answers, and do not score if you choose more than one. The big question is *** 10, and each question is 1 and ** 10).
1. The judicial administrative departments of the State Council are responsible for guiding the people's mediation work throughout the country, and the judicial administrative departments of local people's governments at or above the county level are responsible for guiding the people's mediation work in their respective administrative areas. Grass-roots units provide professional guidance to people's mediation committees in mediating civil disputes. (1)
A, judicial office B, police station C, people's court D, people's court
2. According to China's Law on Mediation and Arbitration of Rural Land Contract Management Disputes, the limitation period for applying for arbitration of rural land contract management disputes is years, counting from the date when the parties know or should know that their rights have been infringed. (3)
A, half a year b, one year c, two years d, five years
3. The state supports the construction of renewable energy independent power systems in local areas to provide power services for local production and life. (4)
A, central and western regions b, remote poverty c, energy scarcity d, power grid not covered.
4, the supervisory organ in handling supervision matters, found that the matters under investigation do not belong to the scope of duties of the supervisory organ, should be transferred to the processing; Anyone suspected of committing a crime shall be transferred to judicial organs for handling according to law. (2)
A, the superior supervisory organ b, the unit that has the right to deal with it.
C. Procuratorial organs at the same level D. Public security organs at the same level
People's governments at all levels and government departments should fully understand the necessity and urgency of comprehensively promoting administration according to law from the height of "building the party for the public and governing for the people" and truly regard administration according to law as the work of the government. (4)
A, guiding principle b, basic principle c, basic principle d, basic principle
6. If the infringer should bear administrative responsibility or criminal responsibility for the same act, it will not affect the legal responsibility. (1)
A. Tort liability B. Civil liability C. Liability for compensation
7. If neither the victim nor the actor is at fault for the occurrence of the damage, both parties may suffer losses according to the actual situation. (2)
A, * * * * separately and jointly share B, C and D..
8. If the driver of a motor vehicle escapes after a traffic accident and the motor vehicle participates in compulsory insurance, the insurance company shall make compensation within the liability limit of compulsory insurance for motor vehicles; If the motor vehicle is unknown or the motor vehicle does not participate in compulsory insurance, and it is necessary to pay the rescue and funeral expenses for the personal injury or death of the infringed person, it shall be paid in advance. (3)
A, government public welfare fund b, social assistance fund for road traffic accidents
C, insurance company compensation fund D, the infringed person first
9. If the product is produced and sold knowing that it is defective, causing death or serious health damage to others, the infringed party has the right to request the corresponding. (3)
A, criminal liability B, administrative compensation C, punitive compensation D, tort compensation
10, we should take the situation as an important part of the assessment of administrative staff, improve the assessment system, and formulate specific measures and methods. (1)
A, administration according to law b, handling affairs according to law c, administrative litigation d, economic income generation
III. Multiple-choice questions (please choose two or more correct answers among the alternative answers, and no score will be given for multiple choices, fewer choices and none choices. This big question is *** 10, with 2 points for each question and 20 points for * *).
1. People's mediators should be fair and upright, enthusiastic about people's mediation, and have certain adult citizens (), () and (). (BCD)
A, family reputation B, education level C, policy level D, legal knowledge
2. In implementing administrative management, administrative organs shall strictly follow legal procedures and protect administrative counterparts and interested parties (), () and () according to law. (ABD)
A. Right to know B. Right to participate C. Right to supervise D. Right to relief
3. The main ways to bear tort liability are: () (ABCDEFGI)
First, stop the infringement; B, remove obstacles; C, eliminate the danger;
D. return of property; E, restitution; F, compensation for losses;
G. apologize; H, confiscation of illegal income; First, eliminate the influence and restore reputation
4, the preparation of renewable energy development and utilization planning, should follow (), (), (), and make overall arrangements for the development and utilization of renewable energy such as wind energy, solar energy, hydropower, biomass energy, geothermal energy and ocean energy. (ABCD)
A, adjust measures to local conditions b, overall planning c, rational layout d and orderly development.
5. When investigating violations of administrative discipline such as () and (), the supervisory organ may, with the approval of the leaders of supervisory organs at or above the county level, inquire about the deposits of suspected units and personnel in banks or other financial institutions; When necessary, the people's court may be requested to take preservation measures according to law to freeze the deposits of criminal suspects in banks or other financial institutions. (ABD)
A, corruption B, bribery C, dereliction of duty D, misappropriation of public funds
6, actively explore the cost-benefit analysis system of government legislative projects, especially economic legislative projects. Government legislation should not only consider the cost of the legislative process, but also study the () and () after its implementation. (BD)
A, judicial cost b, law enforcement cost c, administrative cost d, social cost.
7. The articles of association of villagers' autonomy, village rules and regulations, villagers' meetings or matters discussed and decided by villagers' representatives shall not contravene the Constitution, laws, regulations and national policies, and shall not contain (), () and () contents that infringe on villagers. (ABD)
A. Personal rights B. Democratic rights C. Political rights D. Legal property rights
8. If personal injury is caused by infringement on others, reasonable expenses for treatment and rehabilitation such as (), () and () shall be compensated, as well as income reduced due to absenteeism. (automatic call distributor)
A, medical expenses b, meals c, nursing expenses d, transportation expenses
9. Which of the following rights and interests are civil rights and interests? (ABCD)
A, right to health B, patent C, equity D, right of discovery
10, the basic content of the tort liability legal system is the principle of imputation. From the principle of imputation, the legal system of tort liability has gone through thousands of years, which three periods have it gone through? (ABC)
A, result liability period b, fault liability period principle
C. Coexistence period of fault liability and no-fault liability D. Principle period of no-fault liability
Four. True or false (please judge whether it is true or not, fill in "Yes" correctly, fill in "Wrong" wrongly, and correct the wrong question. Only those whose judgment errors have not been corrected do not score. This big question * * 1 0 is a small question, each question1point, * * *1point)
1. A township people's mediation committee organized mediators to mediate disputes in Guangming Village, 30 kilometers away from the government. Both parties were satisfied with the mediation results, and they charged the mediator 100 yuan for transportation and meals. (10)
2, the city divided into districts, autonomous prefecture level organs and their authorized organs and units can determine the top secret and secret state secrets. (√ )
3. The State encourages units and individuals to install and use solar energy utilization systems such as solar water heating system, solar heating and cooling system and solar photovoltaic power generation system. For completed buildings, residents can install solar energy utilization systems that meet technical specifications and product standards without affecting their quality and safety. However, unless otherwise agreed by the parties. (√)
4, the supervisory organ for investigation of cases, should be closed within three months from the date of filing; If it is necessary to extend the time limit for handling cases due to special reasons, it may be extended appropriately, but the longest time shall not exceed one year, and it shall be reported to the supervisory organ at the next higher level for the record.
(10)
5. Administration according to law must adhere to the organic unity of party leadership, people's democratic dictatorship and governing the country according to law. (√ )
6. The people's governments of townships, nationality townships and towns shall give guidance, support and help to the work of villagers' committees, but shall not interfere in matters that are within the scope of villagers' autonomy according to law. (√ )
7. All villagers aged 18 have the right to vote and stand for election, regardless of nationality, race, sex, occupation, family background, religious belief, education level, property status and length of residence. (√ )
8. In many cases, protecting the infringed person, such as environmental pollution, product liability, traffic accidents, industrial accidents and other major disputes involving a large number of people, is a matter of protecting personal rights and interests. (10)
9. If a person with full capacity for civil conduct temporarily loses consciousness or loses control of his behavior due to drunkenness and abuse of narcotic drugs or psychotropic drugs, causing damage to others, he shall bear tort liability appropriately. (10)
10. If a person without or with limited capacity for civil conduct causes damage to others, the guardian shall bear tort liability. If the guardian has fulfilled his guardianship responsibility, he may not bear tort liability. (10)
Verb (abbreviation of verb) noun explanation (this topic is entitled ***5 small questions, each with 4 points and * * * 20 points):
(A) people's mediation
(2) Rural land
(3) State secrets refer to people and things related to national security and interests determined within a certain period of time in accordance with legal procedures.
renewable energy
(5) Villagers' committees
Six, short answer questions (this big question ***6 questions, each question 5 points, ***30 points)
1. According to China's Law on Mediation and Arbitration of Rural Land Contract Management Disputes, what disputes do rural land contract management disputes include?
2. government agencies and units should strengthen the management of confidential information systems, and no organization or individual may have any behavior?
3. What are the ways or measures to improve the ability and level of leading cadres' administration according to law?
4. What matters involving villagers' interests must be submitted to the villagers' meeting for discussion and decision before they can be handled?
5. What is the meaning of tort liability?
6. What are the cases where the patient is damaged and the medical institution is presumed to be at fault and the medical institution is not liable for compensation?
Answer:
Fill in the blanks
1, protect the infringed and reduce the infringement.
2, 30 judicial confirmation
3. There is no causal relationship
4. The public information network did not take security measures.
5, the development and utilization of energy is economical and reasonable.
6. The reporting system violates administrative discipline.
7, leakage
Eight, one fifth
9. Control environmental pollution
10, compensation amount
Second, multiple choice questions
1，A
2，C
3，D
4，B
5，D
6. A.
7，B
8，C
9，C
10，A
Third, multiple choice questions
1，BCD
2，ABD
3、ABCDEFGI
4、ABCD
5，ABD
6、BD
7，ABD
8、ACD
9、ABCD
10，ABC
Iv. true or false questions
1，X
2, √
3, √
4, √
5，X
6, √
7, √
8，X
9，X
10，X
Verb (abbreviation of verb) noun explanation
(1) People's mediation: refers to the activities of the people's mediation committee to persuade the parties to voluntarily reach a mediation agreement on the basis of equal consultation to solve civil disputes.
(2) Rural land: refers to cultivated land, woodland, grassland and other land used for agriculture collectively owned by farmers and owned by the state according to law.
(3) State secrets: refer to people and things that are determined within a certain period of time according to legal procedures and are related to national security and interests.
(4) Renewable energy: refers to the inexhaustible resources that can be continuously recycled in nature. There is little or no harm to the environment, and the resources are widely distributed, which is suitable for local development and utilization.
(5) Villagers' Committee: a grass-roots mass autonomous organization that practices democratic election and decision-making, and is self-managing, self-educating and self-serving.
Six, short answer questions
1. According to China's Law on Mediation and Arbitration of Rural Land Contract Management Disputes, what disputes do rural land contract management disputes include?
(1) Disputes arising from the conclusion, performance, alteration, dissolution and termination of rural land contract;
(two) disputes arising from the subcontract, lease, exchange, transfer and shareholding of rural land contractual management rights;
(three) disputes arising from the recovery and adjustment of contracted land;
(four) disputes over the right to the contracted management of rural land;
(5) Disputes arising from infringement of the contracted management right of rural land;
(6) Other disputes over contracted management of rural land as stipulated by laws and regulations.
2. government agencies and units should strengthen the management of confidential information systems, and no organization or individual may have any behavior?
(1) Connect classified computers and classified storage devices to public information networks such as the Internet;
(2) exchanging information between the classified information system and public information networks such as the Internet without taking protective measures;
(3) Using unclassified computers and unclassified storage devices to store and process state secret information;
(4) Uninstalling or modifying the safety technical regulations and management regulations of classified information systems without authorization;
(5) Giving away, selling, discarding or transferring classified computers and classified storage devices that have not been processed by security technology for other purposes.
3. What are the ways or measures to improve the ability and level of leading cadres' administration according to law?
(1) Master scientific theories and improve armed capabilities;
(2) Correctly analyze the situation and improve the strategic thinking ability;
(3) establish the concept of legal system and improve the ability of administration according to law;
(4) Keep close contact with the masses and improve working ability.
4. What matters involving villagers' interests must be submitted to the villagers' meeting for discussion and decision before they can be handled?
(1) the collection method of township overall planning, the collection and use of village retention;
(2) the number of people in the village who enjoy the subsidy for delayed work and the subsidy standard;
(three) the use of village collective economic income;
(four) the fund-raising plan for village public welfare undertakings such as village schools and village roads;
(five) the project establishment and contracting scheme of village collective economic projects and the contracting scheme of village public welfare undertakings;
(six) the villagers' contract management plan;
(seven) the plan for the use of homestead;
(eight) other matters involving the interests of the villagers, which should be discussed and decided by the villagers' meeting.
5. What is the meaning of tort liability?
It refers to the civil legal consequences that the actor should bear if he infringes on the state or collective property or infringes on the property or personal rights of others. If the actor causes damage to the rights and interests of others, he shall bear civil liability for compensation to the victim.
6. What are the circumstances in which the patient is damaged and the medical institution is presumed to be at fault and the medical institution is not liable for compensation?
(1) The patient or his close relatives fail to cooperate with the medical institution for diagnosis and treatment according to the diagnosis and treatment norms;
(2) Medical personnel have fulfilled their reasonable diagnosis and treatment obligations in emergency situations such as rescuing dying patients;
(3) Limited by the medical level at that time, it was difficult to make diagnosis and treatment.