实用法律基础作业4

promote the extension of strictly administering the party grass-roots, but also the educational practice of the mass line of the party and \-three\cial education results achieved further inherited and expanded. To realize \ning education is a necessary solution to the present problems of party construction. Strengthen problem consciousness and insisted on problem-oriented, is full of strictly administering the party since the party's 18 a distinctive feature, a successful experience. Secretary Wang noted that some party members still have political awareness, lack of political responsibility issues, party awareness and consciousness of the problem belief does not really believe, slim does not actually fix problems, outspoken, and jump on the assessment of the party's policies, and so on. Bi Lifu Secretary pointed out that a quarter of the economic situation is very serious, there is pressure on environment, seasonal factors and other objective reasons, but mainly subjective problem, is the problem of party members and cadres. Some depressed, negative slack, not responsible, ... Double six, one, and two took the lead, build energy burst, Hongshan district, economic prosperity, eco-livable, civilized and harmonious island. It certainly can not be separated from the whole area 646 grass-roots party organizations and 14,146 members of broad participation and support. Through the \nd education, so that every cell of the party health, every organization is strong, so that all members of the vanguard and exemplary role, all the fighting bastion role of grass-roots party organizations into full play so that we can cross the Rapids, overcome all difficulties and the smooth realization of the \n-Five\sic learning, focus on learning education must understand the learning content and learning styles \ng\ords are important information inside is very large, capture profound work truth in life. For example, I often say that the good Carpenter NAO Carpenter, why do some carpenters made furniture to have everybody likes it, Carpenter we are not willing to look for him? are apparently two people high and low technology, dig into the deep is firmer when both of his apprentices are not solid, there is no good that way. Luban art of story primary school are learn had, first after six mark test practice conduct, and practice cultivation, and practice perseverance, and practice patience, then with seven days seven night mill axe theory armed, and unity action, seriously learning XI General Secretary on reform development stable, and Interior diplomatic defense, and rule party ruling army of important thought, seriously learning to XI comrade for General Secretary of Central ruling acting political new concept new thought new strategy, seriously learning XI General Secretary study in Inner Mongolia important speech spirit, Guide party members and a deep understanding of a series of important speeches rich connotation and core ideas, which began so thoroughly Marxist positions第四次形考测试题_0001

试卷总分：100 测试时间：180

单项选择题 名词解释 简答题 案例分析题

一、单项选择题（共 15 道试题，共 30 分。）

1.

集体合同的当事人一方是用人单位，另一方是( ).

A. 工会组织或职工推举的代表 B. 职工代表大会 C. 劳动者 D.

劳动仲裁委员会

2.

经济法的调整对象是( )

A. 合同关系

B. 财产关系与人身关系 C. 特定的经济关系 D. 经济纠纷 3.

依据我国民事诉讼法的有关规定，民事诉讼中的举证责任应由（ ）

A. 原告承担 B. 被告承担

C. 原告与被告双方承担 D. 权利主张人承担 4.

经营者从事抽奖或有奖销售，最高奖的金额不得超过( ).

A. 500元 B. 5000元 C. 50000元 D. 1000元

5. 在刑事诉讼中，没有上诉权的人是( )

A. 被害人

o sum up, is divided into 9 main parts: 1. with regard to persisting and developing socialism with Chinese characteristics. 18 since the XIOn more than one occasion, General Secretary of the historical origin and development process of socialism with Chinese characteristics, the road of socialism with Chinese characteristics, System Info, system, uphold and develop the understanding of socialism with Chinese characteristics is determined to have been profoundly expounded, further strengthened the party and the people adhere to and develop the confidence and determination of the socialism with Chinese characteristics. XI General Secretary's speech in this regard include the people's yearning for a better life, that is our goal, closely focus on the development of socialism with Chinese characteristics study and publicize the spirit of party 18, the unwaveringly adhere to the development of socialism with Chinese characteristics, the persistence and good use of Mao Ze-Dong's thought of soul. 2. with regard to the Chinese dream of realizing the great rejuvenation of the Chinese nation. 18 closing soon, the new Central collective leadership when they visited the exhibition of the road to recovery, XI, General Secretary of the solemn declaration \great rejuvenation of the Chinese nation, the greatest dream of the Chinese nation in modern times.\hou, on more than one occasion, General Secretary expounded the scientific connotation of Chinese dream, realize the Chinese dream must take the road, carry forward the spirit and cohesion of Chinese forces, gradually formed the China dream, a strategic thought. And practice with the Chinese dream, reflects the history of the new session of the CPC Central Committee, and conforms to the development trend and the people hope, embodies the greatest common divisor and the consensus of Chinese people at home and abroad, inspiring all peoples forging ahead in unity, the spirit of unswervingly follow the road of socialism with Chinese characteristics flags and high melody. This aspects XI General Secretary of speech main including achieved Chinese great revival is Chinese modern yilai most great of dream in 12th session national people's Congress first times Conference Shang of speech work to dream into really in achieved China dream of vivid practice in the flying youth dream achieved China dream not only benefit people, and benefit world people innovation due its Shi, dream suitable have its potential achieved Chinese great revival is both at home and abroad Chinese children common of dream,. 3. on deepening reform. 18 since the XI General Secretary for the first time to Study on the choice of the Guangdong, unequivocally express the unswervingly follow the road of reform and opening up power determination and courage. Party's 18 session adopted a decision to deepen reform, opened a new journey for deepening the reform in our country. Central has held 22 times full deepening reform led Group Conference, considered through more than 100 more items important reform programme, developed introduced more than 800 overpromote the extension of strictly administering the party grass-roots, but also the educational practice of the mass line of the party and \-three\cial education results achieved further inherited and expanded. To realize \ning education is a necessary solution to the present problems of party construction. Strengthen problem consciousness and insisted on problem-oriented, is full of strictly administering the party since the party's 18 a distinctive feature, a successful experience. Secretary Wang noted that some party members still have political awareness, lack of political responsibility issues, party awareness and consciousness of the problem belief does not really believe, slim does not actually fix problems, outspoken, and jump on the assessment of the party's policies, and so on. Bi Lifu Secretary pointed out that a quarter of the economic situation is very serious, there is pressure on environment, seasonal factors and other objective reasons, but mainly subjective problem, is the problem of party members and cadres. Some depressed, negative slack, not responsible, ... Double six, one, and two took the lead, build energy burst, Hongshan district, economic prosperity, eco-livable, civilized and harmonious island. It certainly can not be separated from the whole area 646 grass-roots party organizations and 14,146 members of broad participation and support. Through the \nd education, so that every cell of the party health, every organization is strong, so that all members of the vanguard and exemplary role, all the fighting bastion role of grass-roots party organizations into full play so that we can cross the Rapids, overcome all difficulties and the smooth realization of the \n-Five\sic learning, focus on learning education must understand the learning content and learning styles \ng\ords are important information inside is very large, capture profound work truth in life. For example, I often say that the good Carpenter NAO Carpenter, why do some carpenters made furniture to have everybody likes it, Carpenter we are not willing to look for him? are apparently two people high and low technology, dig into the deep is firmer when both of his apprentices are not solid, there is no good that way. Luban art of story primary school are learn had, first after six mark test practice conduct, and practice cultivation, and practice perseverance, and practice patience, then with seven days seven night mill axe theory armed, and unity action, seriously learning XI General Secretary on reform development stable, and Interior diplomatic defense, and rule party ruling army of important thought, seriously learning to XI comrade for General Secretary of Central ruling acting political new concept new thought new strategy, seriously learning XI General Secretary study in Inner Mongolia important speech spirit, Guide party members and a deep understanding of a series of important speeches rich connotation and core ideas, which began so thoroughly Marxist positionsB. 自诉人 C. 被告人

D. 被告人的近亲属和辩护人

6. 某商店卖出的米短斤缺两，商店侵犯了顾客的( ).

A. 知情权 B. 自由选择权 C. 公平交易权 D. 消费安全权

7. 在我国，对国务院各部门所作的具体行政行为提起诉讼的第一审案件应由（ ）

A. 基层人民法院管辖 B. 中级人民法院管辖 C. 高级人民法院管辖 D. 最高人民法院管辖

8. 劳动法是调整( )的法律规范的总称.

A. 劳动关系 B. 劳务关系

C. 劳动关系以及与劳动关系有密切联系的其他社会关系 D. 劳动合同关系

9. 申请设立企业，应经( )登记.

A. 工商行政管理部门 B. 国际贸易促进会 C. 税务部门

D. 对外经济贸易部门及其授权机构

10. 在民事诉讼、刑事诉讼和行政诉讼中，第二审人民法院对上诉案件的审理，正确的做法是：( A. 一律就第一审判决认定的事实和适用法律进行全面审查，不受上诉或者抗诉范围的限制 B. 一律只就与上诉或抗诉请求有关的事实和法律适用问题进行审查

o sum up, is divided into 9 main parts: 1. with regard to persisting and developing socialism with Chinese characteristics. 18 since the XIOn more than one occasion, General Secretary of the historical origin and development process of socialism with Chinese characteristics, the road of socialism with Chinese characteristics, System Info, system, uphold and develop the understanding of socialism with Chinese characteristics is determined to have been profoundly expounded, further strengthened the party and the people adhere to and develop the confidence and determination of the socialism with Chinese characteristics. XI General Secretary's speech in this regard include the people's yearning for a better life, that is our goal, closely focus on the development of socialism with Chinese characteristics study and publicize the spirit of party 18, the unwaveringly adhere to the development of socialism with Chinese characteristics, the persistence and good use of Mao Ze-Dong's thought of soul. 2. with regard to the Chinese dream of realizing the great rejuvenation of the Chinese natigreat rejuvenation of the Chinese nation, the greatest dream of the Chinese nation in modern times.\hou, on more than one occasion, General Secretary expounded the scientific connotation of Chinese dream, realize the Chinese dream must take the road, carry forward the spirit and cohesion of Chinese forces, gradually formed the China dream, a strategic thought. And practce with the Chinese dream, reflects the history of the new session of the CPC Central Committee, and conforms to the development trend and the people hope, embodies the greatest common divisor and the consensus of Chinese people at home and abroad, inspiring all peoples forging ahead in unity, the spirit of unswervingly follow the road of socialism with Chinese characteristics flags and high melody. This aspects XI General Secretary of speech main including achieved Chinese great revival is Chinese modern yilai most great of dream in 12th session national people's Congress first times Conference Shang of speech work to dream into really in achieved China dream of vivid practice in the flying youth both at home and abroad Chinese children common of dream,. 3. on deepening reform. 18 since the XI General Secretary for the first time to Study on the choice of the Guangdong, unequivocally express the unswervingly follow the road of reform and opening up power determination and courage. Party's 18 session adopted a decision to deepen reform, opened a new journey for deepening the reform in our country. Central has held 22 times full deepening reform led Group Conference, considered through more than 100 more items important reform programme, developed introduced more than 800 over)

new Central collective leadership when they visited the exhibition of the road to recovery, XI, General Secretary of the solemn declaration \na dream not only benefit people, and benefit world people innovation due its Shi, dream suitable have its potential achieved Chinese great revival is on. 18 closing soon, the dream achieved Chipromote the extension of strictly administering the party grass-roots, but also the educational practice of the mass line of the party and \-three\cial education results achieved further inherited and expanded. To realize \ning education is a necessary solution to the present problems of party construction. Strengthen problem consciousness and insisted on problem-oriented, is full of strictly administering the party since the party's 18 a distinctive feature, a successful experience. Secretary Wang noted that some party members still have political awareness, lack of political responsibility issues, party awareness and consciousness of the problem belief does not really believe, slim does not actually fix problems, outspoken, and jump on the assessment of the party's policies, and so on. Bi Lifu Secretary pointed out that a quarter of the economic situation is very serious, there is pressure on environment, seasonal factors and other objective reasons, but mainly subjective problem, is the problem of party members and cadres. Some depressed, negative slack, not responsible, ... Double six, one, and two took the lead, build energy burst, Hongshan district, economic prosperity, eco-livable, civilized and harmonious island. It certainly can not be separated from the whole area 646 grass-roots party organizations and 14,146 members of broad participation and support. Through the \nd education, so that every cell of the party health, every organization is strong, so that all members of the vanguard and exemplary role, all the fighting bastion role of grass-roots party organizations into full play so that we can cross the Rapids, overcome all difficulties and the smooth realization of the \n-Five\sic learning, focus on learning education must understand the learning content and learning styles \ng\ords are important information inside is very large, capture profound work truth in life. For example, I often say that the good Carpenter NAO Carpenter, why do some carpenters made furniture to have everybody likes it, Carpenter we are not willing to look for him? are apparently two people high and low technology, dig into the deep is firmer when both of his apprentices are not solid, there is no good that way. Luban art of story primary school are learn had, first after six mark test practice conduct, and practice cultivation, and practice perseverance, and practice patience, then with seven days seven night mill axe theory armed, and unity action, seriously learning XI General Secretary on reform development stable, and Interior diplomatic defense, and rule party ruling army of important thought, seriously learning to XI comrade for General Secretary of Central ruling acting political new concept new thought new strategy, seriously learning XI General Secretary study in Inner Mongolia important speech spirit, Guide party members and a deep understanding of a series of important speeches rich connotation and core ideas, which began so thoroughly Marxist positionsC. 对民事诉讼和行政诉讼案件，就第一审判决认定的事实和适用法律进行全面审查，不受上诉范围的限制；对刑事案件，应就与上诉或抗诉请求有关的事实和法律适用问题进行审查

D. 只有对民事诉讼案件，应就与上诉请求有关的事实和法律适用问题进行审查；对刑事诉讼和行政诉讼案件，应就第一审判决认定的事实和法律适用问题进行全面审查，不受上诉或抗诉范围的限制 11. 人民法院在审理下列哪一种民事案件时必须经过调解程序（ ）

A. 合同纠纷案件 B. 离婚案件 C. 追索劳动报酬案件 D. 继承案件

12. 依据我国法律的有关规定，在刑事案件的审判中（ ）

A. 一律不得实行调解

B. 除一部分自诉案件外，不得实行调解

C. 除一部分自诉案件和少数公诉案件外，不得实行调解 D. 公诉案件不得实行调解，自诉案件可以实行调解

13. 赵某持刀将张某砍成重伤，群众逮住赵某并将其扭送到人民检察院则该检察院应该（ ）

A. 立即立案

B. 不予受理，并向群众说明理由

C. 马上进行侦查，然后向人民法院提起公诉 D. 先采取紧急措施然后将该案移送公安机关

14. 某工商局对公民某甲作出罚款3000元的裁决，某甲不服，向上一级行政机关申请复议，复议决定把罚款3000元改为罚款2000元，某甲仍不服，向人民法院起诉这一行政诉讼的被告应是（ ）

A. 作出原裁决的机关

B. 作出原裁决的机关和复议机关 C. 复议机关

D. 作出原裁决的机关或者复议机关

15. 人民检察院在审查起诉中,遇到下列那种情况可以做出不起诉决定

A. 犯罪嫌疑人、被告人死亡的

o sum up, is divided into 9 main parts: 1. with regard to persisting and developing socialism with Chinese characteristics. 18 since the XIOn more than one occasion, General Secretary of the historical origin and development process of socialism with Chinese characteristics, the road of socialism with Chinese characteristics, System Info, system, uphold and develop the understanding of socialism with Chinese characteristics is determined to have been profoundly expounded, further strengthened the party and the people adhere to and develop the confidence and determination of the socialism with Chinese characteristics. XI General Secretary's speech in this regard include the people's yearning for a better life, that is our goal, closely focus on the development of socialism with Chinese characteristics study and publicize the spirit of party 18, the unwaveringly adhere to the development of socialism with Chinese characteristics, the persistence and good use of Mao Ze-Dong's thought of soul. 2. with regard to the Chinese dream of realizing the great rejuvenation of the Chinese nation. 18 closing soon, the new Central collective leadership when they visited the exhibition of the road to recovery, XI, General Secretary of the solemn declaration \great rejuvenation of the Chinese nation, the greatest dream of the Chinese nation in modern times.\hou, on more than one occasion, General Secretary expounded the scientific connotation of Chinese dream, realize the Chinese dream must take the road, carry forward the spirit and cohesion of Chinese forces, gradually formed the China dream, a strategic thought. And practice with the Chinese dream, reflects the history of the new session of the CPC Central Committee, and conforms to the development trend and the people hope, embodies the greatest common divisor and the consensus of Chinese people at home and abroad, inspiring all peoples forging ahead in unity, the spirit of unswervingly follow the road of socialism with Chinese characteristics flags and high melody. This aspects XI General Secretary of speech main including achieved Chinese great revival is Chinese modern yilai most great of dream in 12th session national people's Congress first times Conference Shang of speech work to dream into really in chieved China dream of vivid practice in the flying youth dream achieved China dream not only benefit people, and benefit world people innovation due its Shi, dream suitable have its potential achieved Chinese great revival is both at home and abroad Chinese children common of dream,. 3. on deepening reform. 18 since the XI General Secretary for the first time to Study on the choice of the Guangdong, unequivocally express the unswervingly follow the road of reform and opening up power determination and courage. Party's 18 session adopted a decision to deepen reform, opened a new journey for deepening the reform in our country. Central has held 22 times full deepening reform led Group Conference, considered through more than 100 more items important reform programme, developed introduced more than 800 overpromote the extension of strictly administering the party grass-roots, but also the educational practice of the mass line of the party and \-three\cial education results achieved further inherited and expanded. To realize \ning education is a necessary solution to the present problems of party construction. Strengthen problem consciousness and insisted on problem-oriented, is full of strictly administering the party since the party's 18 a distinctive feature, a successful experience. Secretary Wang noted that some party members still have political awareness, lack of political responsibility issues, party awareness and consciousness of the problem belief does not really believe, slim does not actually fix problems, outspoken, and jump on the assessment of the party's policies, and so on. Bi Lifu Secretary pointed out that a quarter of the economic situation is very serious, there is pressure on environment, seasonal factors and other objective reasons, but mainly subjective problem, is the problem of party members and cadres. Some depressed, negative slack, not responsible, ... Double six, one, and two took the lead, build energy burst, Hongshan district, economic prosperity, eco-livable, civilized and harmonious island. It certainly can not be separated from the whole area 646 grass-roots party organizations and 14,146 members of broad participation and support. Through the \nd education, so that every cell of the party health, every organization is strong, so that all members of the vanguard and exemplary role, all the fighting bastion role of grass-roots party organizations into full play so that we can cross the Rapids, overcome all difficulties and the smooth realization of the \n-Five\sic learning, focus on learning education must understand the learning content and learning styles \ng\ords are important information inside is very large, capture profound work truth in life. For example, I often say that the good Carpenter NAO Carpenter, why do some carpenters made furniture to have everybody likes it, Carpenter we are not willing to look for him? are apparently two people high and low technology, dig into the deep is firmer when both of his apprentices are not solid, there is no good that way. Luban art of story primary school are learn had, first after six mark test practice conduct, and practice cultivation, and practice perseverance, and practice patience, then with seven days seven night mill axe theory armed, and unity action, seriously learning XI General Secretary on reform development stable, and Interior diplomatic defense, and rule party ruling army of important thought, seriously learning to XI comrade for General Secretary of Central ruling acting political new concept new thought new strategy, seriously learning XI General Secretary study in Inner Mongolia important speech spirit, Guide party members and a deep understanding of a series of important speeches rich connotation and core ideas, which began so thoroughly Marxist positionsB. 又聋又哑的人或者盲人犯罪的 C. 罪行轻微,危害不大的 D. 罪行较轻,有悔改表现的

二、名词解释（共 4 道试题，共 20 分。） 1. 有限责任公司 参考答案：

有限责任公司简称有限公司，是指由法律规定的一定人数的股东组成的，每个股东以其出资额为限对公司承担责任，公司以其全部资产对其债务承担责任的公司。 2. 不正当竞争 参考答案：

不正当竞争是指经营者违反《反不正当竞争法》的规定，损害其他经营者的合法权益，扰乱社会经济秩序的行为。 3. 消费者 参考答案：

消费者，是指为了满足个人生活消费的需要而购买、使用商品或者接受服务的居民。消费者在各国的消费者权益法中都是指自然人或称个体社会成员，不包括法人，其他组织或单位。 4. 环境法

参考答案：

环境法是调整因保护和改善人类生存环境和自然资源、防治污染和其他公害而产生的各种社会关系的法律规范的总称。环境法主要包括自然资源法和环境保护法。 三、简答题（共 4 道试题，共 40 分。） 1.

简述用人单位可提前30日以书面形式通知劳动者解除劳动合同的情形。

参考答案：

劳动者患病或者非因工负伤，在规定的医疗期满后不能从事原工作，也不能从事由用人单位另行安排的工作的；劳动者不能胜任工作，经过培训或者调整工作岗位，仍不能胜任工作的；劳动合同订立时所依据的客观情况发生重大变化，致使劳动合同无法履行，经用人单位与劳动者协商，未能就变更劳动合同内容达成协议的。 2. 简述股份有限公司的法律特征。 参考答案：

（答案参考要点，详细内容见教材）

公司的全部资本分为等额股份，股份采取股票的形式。

股东均负有限责任。股东以其所持股份为限对公司承担责任，公司以其全部资产对公司的债务承担责任。 公司的股东有最低人数限制，而没有最高人数限制。

公司的设立程序较为复杂。每个公司设立时都要经过行政审批；采取募集方式设立时，还需要经过证券管理部门批准。

3. 行政诉讼法的特有原则有哪些？ 参考答案：

（答案参考要点，详细内容见教材）

不适用调解的原则；不停止行政执行的原则；当事人法律地位平等原则；对具体行政行为进行合法性审查原则。 4.

简述刑事诉讼程序。

o sum up, is divided into 9 main parts: 1. with regard to persisting and developing socialism with Chinese characteristics. 18 since the XIOn more than one occasion, General Secretary of the historical origin and development process of socialism with Chinese characteristics, the road of socialism with Chinese characteristics, System Info, system, uphold and develop the understanding of socialism with Chinese characteristics is determined to have been profoundly expounded, further strengthened the party and the people adhere to and develop the confidence and determination of the socialism with Chinese characteristics. XI General Secretary's speech in this regard include the people's yearning for a better life, that is our goal, closely focus on the development of socialism with Chinese characteristics study and publicize the spirit of party 18, the unwaveringly adhere to the development of socialism with Chinese characteristics, the persistence and good use of Mao Ze-Dong's thought of soul. 2. with regard to the Chinese dream of realizing the great rejuvenation of the Chinese nation. 18 closing soon, the new Central collective leadership when they visited the exhibition of the road to recovery, XI, General Secretary of the solemn declaration \great rejuvenation of the Chinese nation, the greatest dream of the Chinese nation in modern times.\hou, on more than one occasion, General Secretary expounded the scientific connotation of Chinese dream, realize the Chinese dream must take the road, carry forward the spirit and cohesion of Chinese forces, gradually formed the China dream, a strategic thought. And practce with the Chinese dream, reflects the history of the new session of the CPC Central Committee, and conforms to the development trend and the people hope, embodies the greatest common divisor and the consensus of Chinese people at home and abroad, inspiring all peoples forging ahead in unity, the spirit of unswervingly follow the road of socialism with Chinese characteristics flags and high melody. This aspects XI General Secretary of speech main including achieved Chinese great revival is Chinese modern yilai most great of dream in 12th session national people's Congress first times Conference Shang of speech work to dream into really in achieved China dream of vivid practice in the flying youth dream achieved China dream not only benefit people, and benefit world people innovation due its Shi, dream suitable have its potential achieved Chinese great revival is both at home and abroad Chinese children common of dream,. 3. on deepening reform. 18 since the XI General Secretary for the first time to Study on the choice of the Guangdong, unequivocally express the unswervingly follow the road of reform and opening up power determination and courage. Party's 18 session adopted a decision to deepen reform, opened a new journey for deepening the reform in our country. Central has held 22 times full deepening reform led Group Conference, considered through more than 100 more items important reform programme, developed introduced more than 800 overpromote the extension of strictly administering the party grass-roots, but also the educational practice of the mass line of the party and \-three\cial education results achieved further inherited and expanded. To realize \ning education is a necessary solution to the present problems of party construction. Strengthen problem consciousness and insisted on problem-oriented, is full of strictly administering the party since the party's 18 a distinctive feature, a successful experience. Secretary Wang noted that some party members still have political awareness, lack of political responsibility issues, party awareness and consciousness of the problem belief does not really believe, slim does not actually fix problems, outspoken, and jump on the assessment of the party's policies, and so on. Bi Lifu Secretary pointed out that a quarter of the economic situation is very serious, there is pressure on environment, seasonal factors and other objective reasons, but mainly subjective problem, is the problem of party members and cadres. Some depressed, negative slack, not responsible, ... Double six, one, and two took the lead, build energy burst, Hongshan district, economic prosperity, eco-livable, civilized and harmonious island. It certainly can not be separated from the whole area 646 grass-roots party organizations and 14,146 members of broad participation and support. Through the \nd education, so that every cell of the party health, every organization is strong, so that all members of the vanguard and exemplary role, all the fighting bastion role of grass-roots party organizations into full play so that we can cross the Rapids, overcome all difficulties and the smooth realization of the \n-Five\sic learning, focus on learning education must understand the learning content and learning styles \ng\ords are important information inside is very large, capture profound work truth in life. For example, I often say that the good Carpenter NAO Carpenter, why do some carpenters made furniture to have everybody likes it, Carpenter we are not willing to look for him? are apparently two people high and low technology, dig into the deep is firmer when both of his apprentices are not solid, there is no good that way. Luban art of story primary school are learn had, first after six mark test practice conduct, and practice cultivation, and practice perseverance, and practice patience, then with seven days seven night mill axe theory armed, and unity action, seriously learning XI General Secretary on reform development stable, and Interior diplomatic defense, and rule party ruling army of important thought, seriously learning to XI comrade for General Secretary of Central ruling acting political new concept new thought new strategy, seriously learning XI General Secretary study in Inner Mongolia important speech spirit, Guide party members and a deep understanding of a series of important speeches rich connotation and core ideas, which began so thoroughly Marxist positions

参考答案：

立案；侦查；起诉；审判；审判监督程序；执行 四、案例分析题（共 1 道试题，共 10 分。） 1.

复兴小学学生王星（10岁），曾在某省小学生围棋比赛中获得瓷质奖杯一个。2004年，复兴小学为筹办校庆，校领导委托王星的班主任刘玉华到王星家借其奖杯用于校展览。在展出过程中，来宾李东与陈帆因为争相观看奖杯，不慎在交接时将奖杯摔碎。事后，王星之父王加强多次找复兴小学校长方明及班主任刘玉华索赔，但都遭到了拒绝。问：如王加强起诉，请列明诉讼参加人的地位。为什么？

参考答案：

分析：诉讼参加人如下：

1、原告：王星。原告的法定代理人：王加强。

2、被告：复兴小学，法定代表人：方明。3、无独立请求权第三人：李东与陈帆。 （原因略）

o sum up, is divided into 9 main parts: 1. with regard to persisting and developing socialism with Chinese characteristics. 18 since the XIOn more than one occasion, General Secretary of the historical origin and development process of socialism with Chinese characteristics, the road of socialism with Chinese characteristics, System Info, system, uphold and develop the understanding of socialism with Chinese characteristics is determined to have been profoundly expounded, further strengthened the party and the people adhere to and develop the confidence and determination of the socialism with Chinese characteristics. XI General Secretary's speech in this regard include the people's yearning for a better life, that is our goal, closely focus on the development of socialism with Chinese characteristics study and publicize the spirit of party 18, the unwaveringly adhere to the development of socialism with Chinese characteristics, the persistence and good use of Mao Ze-Dong's thought of soul. 2. with regard to the Chinese dream of realizing the great rejuvenation of the Chinese nation. 18 closing soon, the new Central collective leadership when they visited the exhibition of the road to recovery, XI, General Secretary of the solemn declaration \great rejuvenation of the Chinese nation, the greatest dream of the Chinese nation in modern times.\hou, on more than one occasion, General Secretary expounded the scientific connotation of Chinese dream, realize the Chinese dream must take the road, carry forward the spirit and cohesion of Chinese forces, gradually formed the China dream, a strategic thought. And practice with the Chinese dream, reflects the history of the new session of the CPC Central Committee, and conforms to the development trend and the people hope, embodies the greatest common divisor and the consensus of Chinese people at home and abroad, inspiring all peoples forging ahead in unity, the spirit of unswervingly follow the road of socialism with Chinese characteristics flags and high melody. This aspects XI General Secretary of speech main including achieved Chinese great revival is Chinese modern yilai most great of dream in 12th session national people's Congress first times Conference Shang of speech work to dream into really in chieved China dream of vivid practice in the flying youth dream achieved China dream not only benefit people, and benefit world people innovation due its Shi, dream suitable have its potential achieved Chinese great revival is both at home and abroad Chinese children common of dream,. 3. on deepening reform. 18 since the XI General Secretary for the first time to Study on the choice of the Guangdong, unequivocally express the unswervingly follow the road of reform and opening up power determination and courage. Party's 18 session adopted a decision to deepen reform, opened a new journey for deepening the reform in our country. Central has held 22 times full deepening reform led Group Conference, considered through more than 100 more items important reform programme, developed introduced more than 800 over

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