西南政法大学法理学历考研试题.doc

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1、the partys fine style, carry forward the traditional Chinese virtues, practicing the Socialist core values, vigorously carry forward the spirit of Jiao Yulu, Hongqi Canal spirit and spirit of persistence, honesty in politics, strict statesman, stick to the spiritual heights of the Communists. Four t

2、o devotion, as, do play a role in qualifying. Official Communist duty. To fulfill the partys purpose, maintain for the people themselves, and dedication, devotion, maintain pioneer, pioneering and enterprising spirit, active at the well-off extra practice, make contributions. The incentive function

3、of party organizations at all levels should give full play to advanced models, establish a representative, advanced and typical of the times, and guide the broad masses of party members to emulate. In honor of the 95 anniversary of founding as an opportunity to award in recognition of a number of ou

4、tstanding party members advanced grass-roots party organizations, outstanding party workers, and put the pioneer trees. Third, the “reform“ efforts for example, be sure to change into. Learning to teachEducation in order to solve the problem, if it does not solve the problem, it will form, goes thro

5、ugh the motions. To strengthen the consciousness of problems and insisted on problem-oriented, problem-solving learning education for traction, truly deep investigation into change, modification. A checked swing. Learning education programme for party-building in our city actually proposed to focus

6、on solution of fuzzy ideals and beliefs waver, consciousness, purpose of the party weak sense, honesty and self-discipline awareness is not strong, depressed, six issues of ethical misconduct study contents specific programmes for all party members and leading cadres above the county level shall foc

7、us on further refinement to the problems. Specific to every party member and every cadre, also requires a combination of actual and controlled, focused and really put yourself in, people see things, see, with their own specific problems to learn Constitution Party rules, series, address, so precisio

8、n to find the problem, laying a solid foundation for further corrective action. B to make change. For check put of problem, through established rectification Taiwan account, and take special supervision, and on account PIN, approach, insisted do side learn side modified, and that know that modified,

9、 while focused on put “two learn a do“ learning education rectification with grasp party of mass line education practice activities and “three strict three real“ topic education problem rectification combined up, consolidation expanded has made of rectification results, strongly corrected “for offic

10、er not for“, and Chi and endless corrected “four wind“, and regulation masses side of abuses, ensure work advance more powerful, and problem solution more completely. Third, we must consolidate our achievements. For more public, some party members who focus on the outstanding issues, combining conce

11、ntratedrectification and strengthening the management of daily education, the spirit of reform short of the complete system, pay close attention to system implementation, really make the party organization and party member education and strict management, solid. Finally, the “urge“ work on the lead,

12、 be sure to promote efficiency. “Two“ education, not on education educational, not working with the Centre two, must stick around the Center, serving the overall situation, coordinate, truly result-oriented and promote efficiency. Current and future a period, to tightly around coordination advance “

13、four a full“ strategy layout, winning full built society this a central and work overall, put carried out learning education as promoted work of important opportunities and powerful power, guide General members cadres insisted development first priority, active adapted economic development new norma

14、l, consciously practice line five big development concept, effective grasp supply side structural reform, to guarantees and improved livelihood, construction more high ecological vitality happiness of city. Last year, we carry out “three-three“ activities as a “three-three“ special education importa

15、nt, find education and effective platform to facilitate the combination of work. Reference this a good practices, provincial, and municipal decided in “two learn a do“ learning education in the carried out “five check five promoting“, the County District units to insisted put “two learn a do“ learni

16、ng education and “five check five promoting“ organic fusion, and common advance, do one plan layout, and one organization implementation, put carried out “two learn a do“ situation, and “five check five promoting“ situation as party work evaluation of importantContent, as an important aspect of mutu

17、al evaluation on party members, testing as an important basis for leading bodies and leading cadres performance and guide the broad masses of party members and cadres to study education opens up to the main economic and social development. At present, the overall smooth economic operation in our cit

18、y, but downward pressure is still high, faced a number of challenges and tests. Meanwhile, coincides with the city, County and township party committees this year general election year, how to really choose loyal, clean and serves as a good cadre, iron discipline of General Feng Qing Qi, Qi, Qi Shun

19、, swapped out Powerful good situation, is a real test for all of us. General work on “two“ to study the effect of education inspection, if the true series of party rules and Constitution speaks well and truly become a qualified party member, naturally we can deal with advance and retreat left turn t

20、reatment, proper organizational arrangements and selection, proper treatment of personal interests. To put carried out “two learn a do“ learning education with do reform development stable the work combined up, and seriously do Center work, and daily and job combined up, and guarantees improved live

21、lihood, and promote social harmony combined up, and completed the task combined法理学历年考研真题1995年一、选择题(包括单项和多项,每小题 3分,共 30分)1加强社会主义立法是( )健全社会主义法制的中心环节社会主义民主制度化、法律化的必经途径共产党的一切政策具体化、条文化的重要保证市场经济体制建立的必要条件2 “法令,这是号召人们去做大量事情的指令” ,这一科学论断的提出者是( )。马克思 恩格斯 列宁毛泽东3, “法律的责任只是惩罚外部的行为”出自法学名著( )。家庭、私有制和国家的起源 论住宅问题论法的精

22、神 德意志意识形态4作为法的渊源的规范性法律文件包括( )。全国人大制定的法律民族自治地方权力机关制定的自治条例省会市、较大市权力机关制定的地方性法规县级权力机关制定的有约束力的文件5根据法律对社会关系调整方式的不同,可将法律规范分为( )。确定性规范 允许性规范准用性规范 命令性规范6社会主义法律关系是一种(:)。一般的社会关系 特殊的社会关系人们之间的互助合作关系 特定的权利义务关系7适用法律类推的必要条件是( )。需要提倡和鼓励的行为 法无明文规定的行为处理案件时应选择较相类似的条文一律须报最高人民法院核准8按照法律解释方式的不同,可将法律解释分为( )。司法解释 系统解释 逻辑解释 历

23、史解释9我国执法机关中有( ) 中央人民政府 最高人民法院 地方人民政府 各级人民检察院10社会主义国家法的主要渊源是( )宪法 法律 法令 法规二、简答题(每小题 7分,共 35)1社会主义法的公共职能。 2、法产生的经济根源3肯定性法律后果的内容。 4公民在法律面前一律平等的科学含义。三、论述题(共 35分) 1略论社会主义法治原则(15 分) 2试述社会主义市场经济条件下法的效益价值。1995 年法理学 2一、名词解释(每题 2 分,共 10 分)1.立法(广义) 2.法律事实 3.法律制裁4.成文宪法 5.民族区域自治二、双项选择(每题 2 分,共 20 分。将所选答案番号写在答题纸上

24、)the partys fine style, carry forward the traditional Chinese virtues, practicing the Socialist core values, vigorously carry forward the spirit of Jiao Yulu, Hongqi Canal spirit and spirit of persistence, honesty in politics, strict statesman, stick to the spiritual heights of the Communists. Four

25、to devotion, as, do play a role in qualifying. Official Communist duty. To fulfill the partys purpose, maintain for the people themselves, and dedication, devotion, maintain pioneer, pioneering and enterprising spirit, active at the well-off extra practice, make contributions. The incentive function

26、 of party organizations at all levels should give full play to advanced models, establish a representative, advanced and typical of the times, and guide the broad masses of party members to emulate. In honor of the 95 anniversary of founding as an opportunity to award in recognition of a number of o

27、utstanding party members advanced grass-roots party organizations, outstanding party workers, and put the pioneer trees. Third, the “reform“ efforts for example, be sure to change into. Learning to teachEducation in order to solve the problem, if it does not solve the problem, it will form, goes thr

28、ough the motions. To strengthen the consciousness of problems and insisted on problem-oriented, problem-solving learning education for traction, truly deep investigation into change, modification. A checked swing. Learning education programme for party-building in our city actually proposed to focus

29、 on solution of fuzzy ideals and beliefs waver, consciousness, purpose of the party weak sense, honesty and self-discipline awareness is not strong, depressed, six issues of ethical misconduct study contents specific programmes for all party members and leading cadres above the county level shall fo

30、cus on further refinement to the problems. Specific to every party member and every cadre, also requires a combination of actual and controlled, focused and really put yourself in, people see things, see, with their own specific problems to learn Constitution Party rules, series, address, so precisi

31、on to find the problem, laying a solid foundation for further corrective action. B to make change. For check put of problem, through established rectification Taiwan account, and take special supervision, and on account PIN, approach, insisted do side learn side modified, and that know that modified

32、, while focused on put “two learn a do“ learning education rectification with grasp party of mass line education practice activities and “three strict three real“ topic education problem rectification combined up, consolidation expanded has made of rectification results, strongly corrected “for offi

33、cer not for“, and Chi and endless corrected “four wind“, and regulation masses side of abuses, ensure work advance more powerful, and problem solution more completely. Third, we must consolidate our achievements. For more public, some party members who focus on the outstanding issues, combining conc

34、entratedrectification and strengthening the management of daily education, the spirit of reform short of the complete system, pay close attention to system implementation, really make the party organization and party member education and strict management, solid. Finally, the “urge“ work on the lead

35、, be sure to promote efficiency. “Two“ education, not on education educational, not working with the Centre two, must stick around the Center, serving the overall situation, coordinate, truly result-oriented and promote efficiency. Current and future a period, to tightly around coordination advance

36、“four a full“ strategy layout, winning full built society this a central and work overall, put carried out learning education as promoted work of important opportunities and powerful power, guide General members cadres insisted development first priority, active adapted economic development new norm

37、al, consciously practice line five big development concept, effective grasp supply side structural reform, to guarantees and improved livelihood, construction more high ecological vitality happiness of city. Last year, we carry out “three-three“ activities as a “three-three“ special education import

38、ant, find education and effective platform to facilitate the combination of work. Reference this a good practices, provincial, and municipal decided in “two learn a do“ learning education in the carried out “five check five promoting“, the County District units to insisted put “two learn a do“ learn

39、ing education and “five check five promoting“ organic fusion, and common advance, do one plan layout, and one organization implementation, put carried out “two learn a do“ situation, and “five check five promoting“ situation as party work evaluation of importantContent, as an important aspect of mut

40、ual evaluation on party members, testing as an important basis for leading bodies and leading cadres performance and guide the broad masses of party members and cadres to study education opens up to the main economic and social development. At present, the overall smooth economic operation in our ci

41、ty, but downward pressure is still high, faced a number of challenges and tests. Meanwhile, coincides with the city, County and township party committees this year general election year, how to really choose loyal, clean and serves as a good cadre, iron discipline of General Feng Qing Qi, Qi, Qi Shu

42、n, swapped out Powerful good situation, is a real test for all of us. General work on “two“ to study the effect of education inspection, if the true series of party rules and Constitution speaks well and truly become a qualified party member, naturally we can deal with advance and retreat left turn

43、treatment, proper organizational arrangements and selection, proper treatment of personal interests. To put carried out “two learn a do“ learning education with do reform development stable the work combined up, and seriously do Center work, and daily and job combined up, and guarantees improved liv

44、elihood, and promote social harmony combined up, and completed the task combined21.中国和西方封建制法相比较,它们的不同特点有:西方封建制法以成文法为主要渊源,中国封建制法以习惯法为主。西方一般设立有相对独立的司法机关,中国却没有。西方封建制法受宗教影响很大,中国宗教对法律影响甚微。西方法律维护皇权(或王权)至上,中国法律有利于诸埃割据西方封建制法确认的刑罚文明,中国则残酷野蛮。2.“法制”这个概念,可以理解为“国家的法律和制度” ;其含义是发展变化的,多角度的。在西方,其含义是统一的。必然同民主联系在一起。是近

45、代才从西方引入中国的。3.否定性的法律后果在我国是指:对是否属于违法行为的认定。对是否属于违法行为的否定。对一切属于法律末予规定的行为的否定。对构成违法行为的否定。对违法行为的撤销与制裁。 。4.认为法是“社会连带关系”的产物,法学是一门“社会工程学”的,是西方 19 世纪末兴起的两个法学流派的观点。是狄骥和庞德的观点。是奥斯丁、凯尔森、哈特的观点;是洛克、孟德斯鸠的观点。是同一学派的两个分支的观点,5.纵观古今中外的法律,我们发现,社会是以法律为基础的。法律是以国家政权为前提的。法律任何时候都拥有极大权威的。法律的权威性是国家政权赋予与维护的。包含在法律之中的理性、正义是永恒不变的。6、现行

46、宪法规定,我国有修改宪法提议权的是:国家主席。全国人大常委会。全国人大常委会委员长。五分之一以上的全国人大代表。全国人大法律委员会。7、国家的实质是阶级专政,阶级专政的本质表现在:对剥削阶级实行专政。对人民实行民主。对统治阶级内部实行民主。对被统治阶级实行专政。对劳动人民实行民主。8.根据宪法解释的主体、效力的不同进行分类,宪法解释可以分为:立法机关解释制。正式解释。学理解释。非正式解释。the partys fine style, carry forward the traditional Chinese virtues, practicing the Socialist core valu

47、es, vigorously carry forward the spirit of Jiao Yulu, Hongqi Canal spirit and spirit of persistence, honesty in politics, strict statesman, stick to the spiritual heights of the Communists. Four to devotion, as, do play a role in qualifying. Official Communist duty. To fulfill the partys purpose, ma

48、intain for the people themselves, and dedication, devotion, maintain pioneer, pioneering and enterprising spirit, active at the well-off extra practice, make contributions. The incentive function of party organizations at all levels should give full play to advanced models, establish a representativ

49、e, advanced and typical of the times, and guide the broad masses of party members to emulate. In honor of the 95 anniversary of founding as an opportunity to award in recognition of a number of outstanding party members advanced grass-roots party organizations, outstanding party workers, and put the pioneer trees. Third, the “reform“ efforts for example, be sure to change into. Learning to teachEducation in order to solve the problem, if it do

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