Toothpaste factory recruitment

Answers to Common Homework of Introduction to Economic Law

chapter one

Fill in the blanks

1, human society

2. Rules

3. Rights, obligations and norms of judicial organs, administrative law enforcement organs, authorized organizations, public officials, organizations and individuals.

4. Criminal sanctions, civil sanctions and administrative sanctions

5. Subject, content and object of economic and legal relations.

6, state organs, social organizations, internal organizations, individual citizens under certain conditions.

7, tangible property, economic behavior, intangible wealth

Second, multiple choice questions

1、C 2、B 3、BCE 4、ABCD 5、ABCDE

Third, short answer questions

Books P 1 1, 13

Book P 1 1

Books P 15, 17

chapter two

Fill in the blanks

1, property relationship, personal relationship

2, civil legal norms, social relations, property, personal

3. Subject, content and object

Civil rights and obligations

Independence, civil rights and obligations

18、 16、 18

7, death, physical death, death, cardiac arrest, respiratory arrest, missing citizens.

8. Age, intellectual development, full capacity for civil conduct, limited capacity for civil conduct and no capacity for civil conduct.

9. Legal representative and legal representative

10, civil capacity, civil capacity, organization

1 1, civil rights, civil obligations, things, behaviors, intellectual achievements and personal interests

12, oral, written, presumption, suggestion

13, Agency, Principal, Third Party, Principal

14. The agency right and effectiveness are to be determined.

15, continuous law, statutory law and civil law

16, possession, use, income and disposal

17, legal fact, contract, infringement, unjust enrichment, negotiorum gestio.

18, actual performance, normal performance

Second, multiple choice questions

1、C 2、A 3、ABD 4、AD 5、ABE 6、BCDE 7、B

8、C 9、B 10、B 1 1、BCE 12、A 13、ABCDE

Third, short answer questions

Book P 19-20.

Book P28.

Book P38.

Fourth, case analysis questions

1, reference answer:

(1) Neither Party A nor Party B makes sense.

(2) Although A discovered the antique, it did not legally acquire the ownership of the antique, so the antique does not belong to A; B bought a house and didn't legally acquire the ownership of antiques, so antiques don't belong to B. According to Article 79 of the Civil Law, "Buried objects and hidden objects whose owners are unknown belong to the state." Therefore, antiques should be owned by the state.

2. Reference answer:

⑴ Judgment: The motorcycle bought and sold by Party A and Party B is invalid because the subject is unqualified.

⑵ Reason: Both Party A and Party B are minors over the age of 10, and Party B is a person with limited capacity. Party A is regarded as a person with full capacity for civil conduct whose main source of livelihood is his own labor income, and Party B cannot independently engage in such a large amount of civil acts as buying and selling motorcycles, so the civil acts of both buyers and sellers are invalid.

⑶ Disposal: Both parties return the property, Party A returns the motorcycle to Party B, and Party B returns 5,000 yuan to Party A. ..

3. Reference answer:

Unit B shall refund the overcharged 450kg of rice or pay the price at the time of purchase.

Because according to the relevant laws and regulations: if you gain benefits without legal basis and cause losses to others, it belongs to unjust enrichment and should be returned.

In this case, the 450kg of rice taken by Unit A (B) is obviously unjust enrichment and should be returned.

chapter three

Fill in the blanks

Commodity management, self-management, self-financing

Internal and external social and economic relations, business activities, legal status, rights and obligations, and organizational structure

Self-management and conceit

Possession, use and disposal according to law

Appointment, removal and recruitment of directors, managers, insiders, directors (managers) and government departments of state-owned enterprises

Collective ownership economy and cooperative system

Natural person, individual investor, personal property, unlimited joint liability

Family joint property

five

10, two. Full capacity for civil conduct and investment right

1 1, infinite association

12. Date of issuance of business license

13, foreign investors, China

14, Sino-foreign joint ventures, Sino-foreign cooperation and foreign-funded enterprises

15, establishment, change and termination

16, 25%, contribution

17, Board of Directors

18, meeting of higher authorities, sponsors and shareholders

19, poor management, insufficient payment, subject qualification

20. 15. People's courts and people's courts

Second, multiple choice questions

1、ABCDEF 2、ABCDE 3、D 4、B 5、C

Third, short answer questions

P43P

P60

P5 1

Fourth, case analysis questions

1, reference answer:

(1) The factory director appointed by the superior competent department can only be removed from office by the superior competent department. The workers' congress has no right to recall.

(2) The factory director is appointed or recruited by the superior competent department, and the enterprise workers' congress has no right to recruit by itself.

(3) The appointment and removal of the deputy director shall be decided by the director reporting to the superior competent department. The director can't appoint or remove himself.

(4) The reward for the factory director is decided by the competent government department, not directly decided by the enterprise workers' congress.

2. Reference answer:

The bankruptcy application filed by the factory shall not be accepted by the people's court where the factory is located. Because the bankruptcy law stipulates that when a state-owned enterprise applies to the people's court for bankruptcy, it shall submit a document that its superior competent department agrees to its bankruptcy. In other words, a state-owned enterprise applying for bankruptcy must be approved by its superior competent department. In this case, General Machinery Factory applied to the people's court for bankruptcy without consulting the higher authorities, and the court should not accept it.

Chapter IV Company Legal System

Fill in the blanks

1, legal person

2. Limited liability companies and joint stock limited companies

4. Liberalism, franchising, licensing and standardization.

5、3

6,2%, legally registered capital, within 2 years.

7. Initiation and offer of establishment.

8、30%

9、 10、3

10,2200, more than half.

1 1, 5, 1/3, the state-owned assets supervision and administration institution, and the employees' congress of the company.

Second, multiple choice questions

1、D 2、D 3、A 4、B 5、BCE

Third, short answer questions

1、P69

2、P70

3、P74-75

4、P75

Fourth, case analysis questions

1, refer to the answer

(1) A: The establishment of a limited liability company shall comply with the provisions of the Company Law of People's Republic of China (PRC).

(2) A: The company cannot be established through examination and approval. Because Party A and Party B do not conform to the provisions of the Company Law in the process of establishing the company:

① The Company Law stipulates that the minimum registered capital of a limited liability company is RMB 30,000. However, Party A and Party B each contributed 6,543,800 yuan, and the registered capital was only 20,000 yuan, which did not meet the provisions of the Company Law.

(2) Both parties shall bear unlimited liability for debts. The Company Law stipulates that the shareholders of a limited liability company shall bear limited liability for the debts of the company.

The board of directors is the highest authority of the company and does not meet the requirements. The Company Law stipulates that the shareholders' meeting is the authority of a limited liability company and has the highest decision-making power on all major issues of the company's operation and management.

(4) A limited liability company shall not issue shares to the public.

Step 2 refer to the answer

Answer: (1) Five companies, as sponsors, do not comply with the provisions of the Company Law. The Company Law stipulates that the establishment of a joint stock limited company shall have more than five promoters, more than half of whom must have domicile in China, and more than half of the companies are foreign companies, which does not conform to the regulations.

(2) The subscription of 6,543,800 yuan by the promoters does not meet the requirement of 35% of the total shares subscribed by the promoters for the establishment of a joint stock limited company in the Company Law (the subscription of 6,543,800 yuan only accounts for 25% of the total shares).

Chapter V Securities Legal System

Fill in the blanks

1, stocks, bonds, investment fund coupons

2. Intermediaries, unspecified public, a few specific individual investors and institutional investors.

3、3000、6000、40%

4, the first time, again.

5. Public offering, private offering, premium offering, parity offering and at discount.

6. Consignment and underwriting

8、2

Second, multiple choice questions

1、D 2、A 3、ABCDE 4、AB

Third, short answer questions

1、P87、P92

2. same as above

3、P93

4、P99

Chapter VI Contract Legal System

Fill in the blanks

1, formula; Don't type

2. Equality; Voluntary; Fairness; legal

1, obligee

2. Full implementation; Honesty and credit

3. objectives; Liability for breach of contract; Method of dispute settlement

4. Before reaching the offeree; Arrive at the offeree at the same time as the offer

5. Written form; Oral form; Other forms

6. Simultaneous performance; The performance of the other party; Debt performance does not meet the requirements

7. Not realized; Debt performance is not in conformity with the agreement

8. Significant deterioration; The ability to perform debts is reduced; guarantee

9, lazy to exercise their rights; Rights of debtors

10 and 1 year; Within five years

1 1, the creditor-debtor relationship disappears.

12, the subject matter of the contract; Notary department

13, continue to implement and take remedial measures; Make an apology to ...

14. Failure to perform the contract; Improper performance of contractual obligations; Force majeure; The other party is at fault; exception

15、6

16, refund the deposit; Double deposit; Causes that cannot be attributed to both parties.

Second, multiple choice questions

1、AB 2、B 3、BC 4、CD 5、ABD 6、B 7、ABC

8、ABCDE 9、ABD 10、ACD 1 1、ABD 12、D 13、ACDE

14、ABE 15、C 16、AB 17、ABCD 18、ABC

Third, short answer questions

P 107

P 1 12

P 1 14

P 1 18

Fourth, the case title

1, refer to the answer

(1) Zhao's claim has a legal basis.

The contract between Li and Zhao belongs to the sales contract in obviously unfair, and obviously unfair is caused by Zhao's lack of trading experience, so Zhao has the right to request the court to cancel the contract according to Article 54 of the Contract Law. Once the sales contract is revoked, it is not legally binding from the beginning. According to Article 58 of the Contract Law, Zhao has the right to ask Li to return the property.

According to the above reasons, Zhao's claim has a legal basis.

(2) The court should cancel the vase sales contract according to Article 54 of the Contract Law. According to Article 58 of the Contract Law, Li is required to return the vase to Zhao, and Zhao will return the vase money received to Li. If Li is willing to pay the price equivalent to the value of the vase, Ye Zhao agrees to accept it. Zhao Can did not cancel the contract, while Li Can made up the remaining price.

Step 2 refer to the answer

(1) This contract is invalid.

According to Article 52 of the Contract Law: "A contract is invalid under any of the following circumstances: (1) One party concludes a contract by fraud or coercion, which harms the interests of the state; (2) Malicious collusion that harms the interests of the state, the collective or a third party; (3) Covering up illegal purposes in a legal form; (4) Damaging the public interest; 5. Violating the mandatory provisions of laws and administrative regulations. " The sales contract between Company A and Company B is a contract that violates the mandatory provisions of laws and administrative regulations, so it is invalid.

(2) Because the contract is invalid, it is not legally binding from the beginning, absolutely, explicitly and permanently, so the court should reject the claim of Company A ... At the same time, the transaction between Company A and Company B harms the national interests, and the court can take civil sanctions to confiscate the property used by both parties for the transaction.

Step 3 refer to the answer

(1) The oral contract signed by both parties is legally binding.

(2) According to Article 10 of the Contract Law, the parties may conclude the contract orally, but if the written form is stipulated by laws and administrative regulations, it shall be adopted. The sales contract is an unnecessary contract in the contract law, and the non-written form does not affect the validity of the contract. According to Article 44 of the Contract Law, a legally established contract shall take effect upon its establishment. In this case, the sales contract between the two parties is valid, and both parties should perform their contractual obligations in accordance with the provisions of the contract law that contracts must be strictly observed.

Step 4 refer to the answer

(1) Party A's request has no legal basis.

⑵ This case involves a time-limited contract, and the contract between the parties takes effect 1 month after the contract is signed. Its legal basis is Article 46 of the Contract Law. The delivery date agreed by Party A in the contract is1998 65438+February 30th, and Party A's failure to deliver the goods on time constitutes a delay in performance. And the goods have not been delivered when the grace period determined by Party B comes, Party A has the right to terminate the contract and reject the goods.

Step 5 refer to the answer

(1) Unit B does not default.

Because the contract has not yet been established. The reply from unit B to factory A is a new conditional offer. Because it has substantially changed the offer of Factory A, this behavior is not a promise, but a new offer. Article 30 of the Contract Law stipulates that "the content of acceptance shall be consistent with the content of offer. If the offeree materially changes the contents of the offer, it is a new offer. ..... "The reply of Unit B raised an objection to the quotation of telephone set in Factory A, which was a substantial change, so it was a new quotation. Therefore, if the contract is not established, Party B will not bear any liability for breach of contract.

Chapter VII Legal System of Industrial Property Rights

Fill in the blanks

1, intellectual achievements, rights

2. The intangibility, regionality and timeliness of the object.

3. Copyright and industrial property rights

4. Invention and creation

5, utility model, design

6, the inventor, designer, the inventor's unit

7. Novel, creative and practical

8. Who advocates and who gives evidence?

9, operators, indicating the quality, advertising

10, trademark registration

1 1. The trademark itself is remarkable, and the distinctiveness of the trademark is obtained through long-term use.

12. Trademarks approved for registration and goods approved for use

13, civil, administrative and criminal

14. Apply first, apply first.

15, first use, first use

Second, multiple choice questions

1、ABCDEF 2、BC 3、BC 4、ABC 5、BCD 6、B 7、C

8、ABC 9、BCD 10、C 1 1、A 12、C 13、AB 14、ABC

Third, short answer questions

1、P 132

2、P 136

3、P 136

4、P 142

Fourth, case analysis questions

1, refer to the answer

(1) In this case, a county daily chemical factory used the same or similar trademark on the same or similar goods without the permission of the registered trademark owner, which was a trademark infringement; Township enterprises are trademark infringements that forge or manufacture registered trademarks without authorization and sell forged or unauthorized trademarks; Individual traders selling goods that they know are counterfeit registered trademarks belong to trademark infringement.

(2) The infringed party may request the administrative department for industry and commerce at or above the county level to handle it, and the relevant administrative department for industry and commerce has the right to order the infringer to stop the infringement immediately, destroy the forged registered trademark mark and compensate the infringed party for its losses. The amount of compensation is the profit gained by the infringer or the loss suffered by the infringed during the infringement. In addition, the administrative department for industry and commerce may also impose a fine.

Step 2 refer to the answer

(1) In the commodity classification table, toothpaste and tooth powder belong to the same group of commodities, that is, similar commodities.

⑵ "Li Jie" and "Li Jie" are similar trademarks with different pronunciations and characters.

(3) According to the provisions of the Trademark Law, if two or more applicants apply for registration on the same or similar goods with the same or similar trademarks, the initial examination and approval shall be made and the first application shall be announced; Where an application is filed on the same day, the prior trademark shall be preliminarily examined and announced, and the application of others shall be rejected without announcement.

(4) Because the unnamed toothpaste factory and Xicheng factory applied on the same day, and the unnamed factory used the "Li Jie" trademark earlier than Xicheng factory, the Trademark Office should make a preliminary examination and announcement of the "Li Jie" trademark applied by the unnamed toothpaste factory, reject the application of Xicheng Daily Chemical Factory, and will not make an announcement.

Step 3 refer to the answer

(1) Li privately entrusts others to print the trademark logo; A county printing factory has not obtained legal authorization to print trademark marks; Li and B canned food processing plants buy and sell other people's registered trademarks, infringing on the exclusive right of other people's registered trademarks; Company C's act of buying and selling registered trademarks of others and deliberately providing convenient conditions for infringing on the exclusive right to use registered trademarks of others violates the provisions of the Trademark Law.

(2) d food import and export companies may request the administrative department for industry and commerce at or above the county level to protect their rights; You can also bring a lawsuit directly to the people's court.

Chapter VIII Legal System of Anti-unfair Competition Law

Fill in the blanks

1, integrity management

2. The legal basis of the two conditions is different.

3. Unfair competition is a kind of competitive behavior, and monopoly is an act of excluding or restricting competition. Unfair competition is absolutely prohibited by law, but monopoly is not completely prohibited by law. Some monopolies are recognized and maintained by law, and different actors have different consequences.

4, commodity management, for-profit services

5. Operators and government agencies

6. Ensure the healthy development of the socialist market economy, encourage and protect fair competition, stop unfair competition, and protect the legitimate rights and interests of operators and consumers.

7. Follow the principles of voluntariness, equality, fairness, honesty and credit, recognized business ethics, state supervision and inspection, and social supervision.

8. Confused behavior

9, the administrative department for Industry and commerce at or above the county level

Second, multiple-choice questions 1, C 2, C 3, ABCD 4, ABDE

Third, short answer questions

1、P 144

2、P 146

3、P 147

Fourth, case analysis questions

1, refer to the answer

(1) The behavior of a factory is an unfair competition behavior of false propaganda, and it is also an unfair competition behavior that damages the goodwill of others.

(2) According to the regulations, the operator shall not make misleading false propaganda on the quality, composition, performance, use, manufacturer, expiration date and place of origin of the product by advertising or other means. Operators shall not fabricate or spread false facts to damage the business reputation and commodity reputation of competitors. According to the above facts and legal provisions, a factory has constituted unfair competition.

(3) Order A factory to stop broadcasting and advertising, explain the truth through broadcasting and newspapers, apologize to B factory publicly, and impose a fine of 6,543.8+0,000 yuan but not more than 200,000 yuan. A factory must also compensate B factory for the loss of nearly 654.38 million yuan.

Step 2 refer to the answer

The behavior of this province belongs to unfair competition behavior of improper prize-winning sales.

The Law on Unfair Competition stipulates that lottery sales (grand prize sales) with a bonus of more than 5,000 yuan belong to improper prize sales. The advertising lottery in this province gives away a VCD or a Motorola mobile phone every day, and also gives away a prize of more than 0 million yuan every month, which has exceeded 5,000 yuan, which is an unfair sales behavior with prizes.

The province should immediately stop the sales activities with prizes.

Chapter IX Legal System of Product Quality

Fill in the blanks

1, state, supervision and management, social relations

2. Sales, primary agricultural products and real estate

3. Product quality

4、ISO9000

5. Voluntary quality system certification

6. Complete certification and conformity certification

7. Industry and public interest

8, product quality spot check, product quality inspection

5. Liability for damages, administrative liability and criminal liability

Second, multiple choice questions

1、B 2、D 3、B 4、B 5、A

6、A 7、ABD 8、ABCD 9、BD 10、BE

Third, short answer questions

1、P 153

2、P 154

3、P 154

Chapter X Legal System for Protecting Consumers' Rights and Interests

Fill in the blanks

1, protect the legitimate rights and interests of consumers, maintain social and economic order, and promote the healthy development of socialist market economy.

2. Consumer rights and interests

3. Law enforcement, protection of consumers' rights and interests, sovereignty of People's Republic of China (PRC) (China) and living expenses.

Second, multiple choice questions

1、B 2、A 3、C 4、A

Third, short answer questions

1、P 159

2、P 160

3、P 162

4、P 163

Fourth, case analysis questions

1, refer to the answer

The court found that the young man's supermarket search was true and seriously violated the legitimate rights and interests of consumers.

According to the Law on the Protection of Consumers' Rights and Interests, consumers have the right to respect their personal dignity and national customs when purchasing or using commodities or receiving services. The act of searching a young man in this supermarket has violated consumers' right to be respected and is illegal.

According to the law, the court should order the supermarket to publish an apology letter in front of its store, and the security personnel should apologize to the young man and compensate for the mental damage.

Step 2 refer to the answer

The Law on the Protection of Consumers' Rights and Interests stipulates that consumers who have suffered personal or property damage as a result of purchasing or using commodities or receiving services have the right to receive compensation according to law, that is, the right to claim compensation. Consumers or victims who cause personal or property damage due to commodity defects may claim compensation from sellers or producers. If it is the responsibility of the producer, the seller has the right to recover from the producer after compensation.

Chi's wife has the right to claim compensation because the quality of the water pump is poor. The late wife can claim compensation from Yaxin Shopping Mall or XX Pump Factory. AsiaInfo Shopping Mall can claim compensation from XX Pump Factory after paying the compensation.

Chapter I XI Financial Legal System (Tax Law)

Fill in the blanks

1, substantive tax law, procedural tax law

2. Turnover tax, income tax and compound tax

3. Natural persons, legal persons and unincorporated persons

4、

5. Value-added, production and circulation

Step 6 classify

7. individuals

8. Producing, processing and importing specific consumer goods.

9. Labor services, intangible assets and real estate

10, economic responsibility, administrative responsibility and criminal responsibility

Second, multiple-choice questions 1, D 2, C 3, C 4, D 5, ABCD

Third, short answer questions

1、P 173

2、P 173

3、P 174

Chapter XII Financial Legal System (Insurance Law)

Fill in the blanks

1, social insurance, commercial insurance

2. Property insurance and life insurance

3. Voluntary insurance and compulsory insurance

4. Insurance rights and obligations

5. Parties, stakeholders of insurance contracts and insurance contract assistants.

6. Policy holder, insurer, insured, beneficiary, rights and obligations

7. Property and related interests

8, a person's life, the body

9. Insurable interest

10, the insured

1 1, property insurance business, life insurance business

12、20%

Second, multiple-choice questions 1, AB 2, CD 3, EF 4, a.

Third, short answer questions

1、P 198

2、P 199

3、P 199

Fourth, the case title

1, refer to the answer

Because the store only verbally puts forward the insurance requirement, according to the stipulation that the insurance contract must be in written form, this verbal requirement has no legal effect. Therefore, insurance companies do not have to be liable for the losses suffered by the mall due to the fire.

Step 2 refer to the answer

According to relevant regulations, groundwater leakage belongs to the scope of insurance liability. The losses caused by this should be compensated. In this case, because the insured did his best to fulfill the obligation of rescue, the insured property was protected from major damage. In other words, the loss of the insured's property is directly related to the cost of the insured's rescue. Therefore, the insurance company should compensate the mine for this rescue fee.

Chapter XVIII Arbitration and Litigation

Fill in the blanks

1, Arbitration Commission, Arbitration Industry Association

2, the application and acceptance, the composition of the arbitration tribunal, hearing and ruling

3、

4. Final judgment of second instance

Second, multiple choice questions

1、CD 2、ABCD 3、ABCE 4、A