Judicial Examination "Paper 1" mock questions and answers (2)

16. Taichang Real Estate Company obtained the land use rights on the outskirts of a city from a certain municipal government for real estate development. The transfer contract stipulated that Taichang Company should break ground and develop the land no later than October 10, 2002. Due to the decline in the real estate market, company leaders decided to suspend the real estate development project in September 2002 and adopt a wait-and-see attitude towards the real estate market. In December 2004, Taichang Company requested the transfer of land use rights to Jinli Land Comprehensive on the grounds of lack of funds. Development companies to build golf courses. Which of the following statements is incorrect

A. Taichang Company should be levied a land idle fee equivalent to less than 20% of the land use right transfer fee

B. The Municipal People's Government can take back the land for free Land use rights

C. If Jinli Company obtains the land use rights for building a golf course, it must obtain the consent of the municipal government

D. If Jinli Company obtains the land use rights for To build a golf course, you must obtain the consent of the municipal government's urban planning administrative department

Correct answer: A

17. In accordance with the provisions of the "Land Management Law" and relevant administrative regulations, the following relevant Which statement about land ownership is incorrect?

A. Land in urban areas belongs to the state

B. Land in rural areas and urban suburbs, except by law, belongs to the state Except for those owned by the state, they are collectively owned by farmers

C. If some members of rural collective economic organizations become urban residents, the land originally owned by their members collectively is owned by the whole people

D. The land requisitioned by the state in accordance with the law belongs to the state.

Correct answer: C

18. In a rural area in Shandong, the land contract operation period is 30 years. During these 30 years, the land is usually not owned by the state. Contract management rights are adjusted. But now that Zhu has died of old age, no one has inherited his land contract management rights. If the contracted land needs to be adjusted, what procedures should be followed?

A. It must be approved by more than 2/3 of the members of the village meeting and reported to the township (town) people's government and the county people's government Government approval

B. Must be approved by more than 2/3 of the members of the villagers’ meeting and reported to the township (town) people’s government for approval

C. Must be approved by more than 2/3 of the villagers’ representatives , and reported to the county-level people's government for approval

D. Must obtain the consent of more than 2/3 of the village representatives, and report to the township (town) people's government and the agricultural administrative department of the county-level people's government for approval

Correct answer: D

2. Multiple-choice questions:

1. The state implements a basic farmland protection system. Which of the following lands should be classified as basic farmland protection areas and strictly managed? ?

A. Grain, cotton, and oil production bases approved by the local people’s government at or above the county level or the relevant competent departments of the State Council

B. Vegetable production bases

C. Agricultural scientific research and teaching experimental fields

D. Medium and low-yield fields that can be transformed

Correct answer: A, B, C, D

2. Any When units and individuals apply for land for construction, they must apply for the use of state-owned land, except ( ) land owned by farmers' collectives?

A. Villagers who build residences must use this collective economic organization with the approval in accordance with the law

< p> B. Establishing a large-scale agricultural product circulation company across provinces and regions

C. The construction of public facilities and public welfare undertakings in townships (towns) and villages has been approved for use in accordance with the law

D. Establishment Township enterprises have been approved to use collective economic organizations in accordance with the law

Correct answers: A, C, D

3. Farmer Wang built a new two-story building on the farmland in front of his residence without approval Building. According to the relevant provisions of the Land Management Law, what penalties does the county people's government have the right to impose on Wang's behavior?

A. Order the return of illegally occupied land

B. Demolish and demolish newly built houses within a time limit< /p>

C. Fines

D. Confiscation of newly built houses on illegally occupied land

Correct answer: A, B

4. Which of the following Do the compensation standards for land acquisition and resettlement methods in the options apply to the provisions of the "Land Management Law"?

A. Large-scale water conservancy projects

B. Medium-sized hydropower projects

C. Construction of large-scale transportation facilities

D. Construction of large-scale communication facilities

Correct answer: A, B

5. Land of a county people’s government The management department transferred a 200-hectare piece of land in the urban area to Zhufeng Real Estate Development Company through auction. Jiafeng Real Estate Development Company obtained the right to use the land in accordance with the law, with a use period of 50 years.

Which of the following methods can Jiafeng Real Estate Development Company use to dispose of its land use rights?

A. Donate it to Company A for free

B. Mortgage the land to the bank to raise construction funds

C. Lease the land use rights to Company B

D. Exchange the land use rights with Company C

Correct answer: A, B, C , D

6. Which of the following statements about temporary use of land is correct?

A. The period of temporary use of land generally does not exceed 2 years

B .The approval authority for temporary land use is the people's government at or above the county level

C. Temporary land use in urban planning areas must be approved by the relevant urban planning administrative department before being submitted for approval

D. A contract should be signed

Correct answers: A, C, D

7. Under which of the following circumstances can the government take back state-owned land use rights in accordance with the provisions of the Land Management Law? ( )

A. After a real estate development company obtained the land use rights for a fee, it was unable to repay its debts due to financial difficulties and filed a bankruptcy application with the People's Court

B. The original land user was a state-owned enterprise , has been transformed into a joint-stock company and is controlled by a private enterprise

C. The county government exceeded its approval authority and granted a piece of agricultural land to a foreign businessman for the construction of a villa area

D. The factory's own railway has been abandoned and disrepaired for a long time due to the conversion of the factory. It has been approved for scrap

Correct answer: C, D

8. After the land of Village A was expropriated by the state, it was used for If the unit illegally uses land, the land will be taken back by the land management department in accordance with the law. The county government decided to assign this land to Village A. When Section Chief B of the county government announced the policy to the villagers of Village A, he made the following statements. Which of them are in compliance with legal regulations ( )

A.? This land is cultivated by you, but the ownership still belongs to the state?

B. During the farming period, no houses can be built on this land, nor perennial crops can be grown?

C. When the state needs to use this land, it should return it at any time?

D. When the country needs to return the young crops on the land, no compensation will be given?

Correct answer: A, B, C

9. According to the Land Management Law, the following matters Which expressions of land ownership are correct ( )

A. Land in urban areas is owned by the whole people

B. Homesteads are owned by individual farmers

C .Land in rural areas and urban suburbs, except for the state-owned land as stipulated by law, is collectively owned

D. Private hills and private land are owned by the whole people

Correct answer: A, C < /p>

10. An enterprise obtained the approval to use the state-owned land of 30 acres in the suburbs in June 1993 and received the land use certificate. However, due to the failure to raise sufficient funds, the company originally planned to invest The project had not started construction as of October 1995, and the land had not been used. Therefore, the wrong handling method is ().

A. If it has been approved by the original approving authority, it can re-apply for the land use certificate and obtain the continued use rights of the land

B. With approval, the land use rights will be recovered and the land will be cancelled. Certificate of Use

C. Upon approval, it is forced to transfer the land use rights to a company with investment capabilities

D. Upon approval, a certain enterprise is restricted to use the land within 1 year, such as 1 If the land is not used within the year, the land use rights will be recovered and the land use certificate will be cancelled

Correct answer: A, C, D

11. Which of the following statements is wrong?

< p> A. If a highway is approved to be scrapped, the land administration department of the relevant people's government shall report it to the people's government that originally approved the land use or the people's government with the approval power to take back the state-owned land use rights

B. Construction units that have obtained state-owned land use rights through transfer or other paid methods can only use the land after paying land use rights transfer fees and other fees in accordance with the standards stipulated by the State Council

C. Energy, transportation, and transportation projects supported by the state Land for water conservancy and other infrastructure facilities can be obtained through allocation with the approval of the people's government at or above the township level.

D. The establishment and responsibilities of the land administration departments of the local people's governments at or above the county level shall be determined by the land administration department of the State Council according to Relevant regulations of the State Council are determined

Correct answers: C, D

12. Assume that Company A and Company B sign a land use rights transfer contract, but the land use rights change registration has not yet been changed. One year later, before the transfer payment period stipulated in the contract arrived, Company A signed a land use right transfer agreement with Company C, and both parties also registered changes in land use rights. Company B raised objections.

Which of the following statements about this situation are correct?

A. Since the land transfer contract between Company A and Company B was signed first, Company C cannot obtain the land use rights

B. Since Company B objects to the ownership of the land use rights, Company C’s land use right change registration should be cancelled, and the registration should be confirmed again after the facts are ascertained

C. Company C has effectively obtained The land use right

D. Company B can only claim credit protection now, but cannot obtain the land use right

Correct answer: C, D

13. The land management department of a certain city discovered that company A in a certain county had violated the "Land Management Law", but the land bureau of a certain county did not impose administrative penalties. As the superior department of the land bureau of a certain county, which of the following measures can the land management department of a certain city take? Measures?

A. Directly impose administrative penalties on Company A

B. Order a county land bureau to make an administrative penalty decision

C. Grant land to a county Administrative sanctions for the person in charge of the bureau

D. Make an administrative sanction recommendation to the administrative supervision department of a certain city people's government, recommending that administrative sanctions be imposed on the person in charge of a certain county land bureau

Correct answer: A, B, C

14. Allocation is one of the ways to obtain the right to use state-owned land. Which of the following statements about allocated land use rights are correct?

A. Allotted land use rights can be obtained by users free of charge or used with payment

B. Allotted land use rights If the land use right is transferred, the transferor must first go through the land use right transfer procedures

C. The person who allocates the land use right cannot mortgage or lease the land use right

D. For profit-making purposes When renting out houses built on allocated land, the land income included in the rent should be turned over to the state

Correct answer: A, D

15. Enterprise A wants to transfer one of its houses to Company B. Among the following methods for transferring land use rights, ( ) is illegal.

A. The land use certificates are delivered directly between the parties

B. The land use certificates are delivered directly between the parties and notarized by the notary office

C .Go to the land department to register and record the change on the land use certificate

D. Go to the land department to apply for registration of change of land use rights and replace the land use certificate

Correct answer: A ,B,C

16. Company A and Company B have reached a transfer agreement for a certain building that A has ownership of and the state-owned land use rights within the area occupied by the building. In this regard, what should Company A and B do? ?( )

A. Sign a written transfer contract

B. Apply to the real estate management department of the local people’s government at or above the county level for property change registration, and submit the changed house ownership certificate to The land management department of the people's government at the same level applies for registration of change of land use rights

C. Apply to the land management department of the local people's government at or above the county level for registration of change of land use rights, and submit the changed land use right certificate to the same department The real estate management department of the people's government at the same level applies for registration of change in property ownership

D. After the real estate is transferred to Company B, the rights and obligations stated in the original land use right transfer contract will be transferred to Company B, and Company B will The company enjoys and bears

Correct answers: A, B, D

17. According to my country's "Urban Real Estate Management Law", the following real estates can be transferred:

A. A land development company in Sichuan obtained land use rights through transfer. According to the transfer contract, it has paid all the land use rights transfer fees and obtained a land use right certificate

B. A real estate company in Beihai, Guangxi The land use rights were obtained through transfer, the full transfer fee has been paid, and the land use rights certificate has been obtained. The land is used for housing construction projects, and the real estate company has completed 28% of the total development investment

C. A certain person in Pudong, Shanghai The land development company paid 10 million yuan to obtain the land use right certificate for a piece of land in the west district of Pudong by way of transfer. The land was developed into a large area and has formed industrial land conditions

D. Xingye Real Estate Development Company transferred the completed land For commercial housing, the company has paid the land use right transfer fee according to the amount agreed in the transfer contract and obtained the land use right certificate. The ownership certificate of the completed house is in process

Correct answer: B, C

18. A owns a house. On May 1, 1995, A and B signed a three-year house rental contract, and B rented the house. On August 6 of the same year, C proposed to A that he was willing to buy the house, and A informed B of the upcoming sale of the house. As of November 7, B had no reply. A and C negotiated to sell the house to C for 50,000 yuan. The two parties signed a house sales contract, and C paid the entire house price.

However, before both parties have registered the property change, A meets Ding, who is willing to buy the house for 60,000 yuan. A and D then signed another house sales contract, and both parties completed the property change registration procedures the next day. Soon, Ding obtained a loan from a bank and used the house as a mortgage. As far as the house purchase and sale relationship is concerned, which of the following statements are correct?

A. Since A and D have already registered the property change, although the sales contract between A and C was signed first, C has not The right to claim ownership of the house

B. Since A has rented the house to B and A wants to sell the house, he should obtain B's consent in advance, and B can have priority in purchasing under the same conditions

< p> C. Since A and C have not registered the change of property, the contract between A and C is not effective

D. Although A has signed a contract with C, without registering the change, The right to sell the house to D again

Correct answers: A, D

19. A owns a house. On May 1, 1995, A and B signed a contract. A three-year house rental contract, with B renting the house. On August 6 of the same year, C proposed to A that he was willing to buy the house, and A informed B of the upcoming sale of the house. As of November 7, B had no reply. A and C negotiated to sell the house to C for 50,000 yuan. The two parties signed a house sales contract, and C paid the entire house price. However, before both parties have registered the property change, A meets Ding, who is willing to buy the house for 60,000 yuan. A and D then signed another house sales contract, and both parties completed the property change registration procedures the next day. Soon, Ding obtained a loan from a bank and used the house as a mortgage.

As far as the opinions on this case are concerned, which of the following statements are correct?

A. Ding’s ownership of the house should be protected

B. C has the right to demand compensation from A Responsibility for losses

C. B has the right to continue renting the house

D. If D cannot pay off the debt when it is due and wants to sell the house to repay the debt, B has priority under the same conditions Right to purchase

Correct answer: A,B,C,D