Spring 2010 Chinese Legal History formative assessment book answers

Legal History Training Questions.

1. Multiple choice questions.

1. The "five hearings" system is one of the five ways to judge the authenticity of the parties' statements when hearing a case during the () period.

A, Xia B, Shang C, Western Zhou D, Ming and Qing Dynasties.

2. The magistrates below the king of the Shang Dynasty are called ().

A, Shi B, Li C, Si Kou D, Zheng.

3. In our country, the first time the atonement was formulated was in ().

A, Xia Dynasty B, Shang Dynasty C, Western Zhou Dynasty D, Qin Dynasty.

4. The penal principle of distinguishing between intent and negligence was first found in ().

A, Western Zhou Dynasty B, Qin Dynasty C, Han Dynasty D, Song Dynasty.

5. The first relatively systematic feudal written code in the Chinese calendar is () a, [lv xing] b, [fa jing] c, [yu xing] d, [tang law] 6, a total of six legal classics, of which the general provisions equivalent to the modern criminal code are () a, [prison law] b, [thief law] c, [miscellaneous law] d, [gu law] 7, the first time in the chinese calendar to publish the written law refers to ().

A, Zichan's "Casting Punishment Book" B, Deng Xi's "Bamboo Punishment" C, Zhao Ying's "Casting Punishment Ding" D, Li Han's "Law Classic".

8. The Qin Dynasty stipulated that the upper limit of the time for begging was ().

a, the prison is not tried b, the prison is tried c, the prison is not broken d, the prison is broken.

9. As a criminal name, "赀" has been used ().

A, Qin Dynasty B, Han Dynasty C, Northern and Southern Dynasties D, Song Dynasty.

10. The legal question and answer is from the Qin Dynasty ().

A, Nine Chapters B, Pong Zhangs C, Jin Bu D, Chao Law.

12. The legal form in which typical cases were used as the basis for judgments in the Han Dynasty was ().

A, story B, section C, court action D, decision ratio.

13. The Han and Tang Dynasty laws adopted () in the application of criminal punishments

a. The principle of lightness B, the principle of regression C, the principle of renewalism d, and the principle of repetition of repetition.

14. The "Ten Articles of Serious Crimes" were first stipulated in ().

A, Jin Law B, Wei Law C, Tang Law D, Northern Qi Law.

15. The Eight Discussions Begin with ().

A, Wei law B, Jin law C, Northern Wei law D, Northern Qi law.

16. During the Three Kingdoms and the Northern and Southern Dynasties, the first time that the "quasi-five suits to control crimes" was included in the legal code () a, Tai Shi law b, Northern Qi law c, Northern Wei law d, and new law.

17. For the first time, the legal codes that put the criminal name at the beginning of the chapter are () a, nine chapters of law b, Northern Wei law c, Jin law d, and Wei law.

18. Ling Chi Punishment began to be used in judicial practice, beginning with () A, Song B, Five Dynasties C, Yuan D, and Ming.

19. The style of the chapter of the Sui Dynasty's Kaihuang Law is mainly based on ().

A, the Northern Zhou Law B, the Jin Law C, the Peking University Shen Qi Law D, the Northern Wei Law 20, and the feudal five criminal system were formally established in ().

A, Kaihuang Law B, Wei Law C, Wude Law D, Zhenguan Law.

Multiple-choice questions.

Which of the following expressions is consistent with the general relationship between rights and obligations?

a.Legal rights and obligations are interdependent.

b.Rights and obligations are distinguished by certain boundaries.

c.In any historical period, rights are always primary, and obligations are always secondaryA right is an obligation, and an obligation is also a right.

Correct answer】 ab

Answer analysis] The existence and development of rights and obligations must be conditioned by the existence and development of the other party, so legal rights and obligations are interdependent. option a is correct. Both rights and obligations have a moderate scope and limit.

As far as civil rights are concerned, what is not restricted by law is the rights and freedoms of citizens; As far as civic duty is concerned, it must be stipulated by law to be obligatory. Therefore, there is a certain boundary between rights and obligations. Option b is correct.

Generally speaking, in hierarchical and privileged societies, the legal system tends to emphasize the obligation-based, and rights are in a secondary position. In a democratic society governed by the rule of law, the legitimacy of the legal system attaches more importance to the protection of individual rights. Therefore, it is not in any historical period that rights are always primary, primary. Hence option c is wrong.

For citizens, rights mean benefits, while obligations mean burdens, so civil rights and obligations are not the same thing; Of course, for the organ of the state, the right (power) is also its obligation. Therefore, option d is wrong.

Multiple choice questions.

Both morality and law belong to the category of social norms, both are normative, mandatory and effective, and morality and law are both different and related. Which of the following statements about law and morality is false?

a.Law has the "two-sidedness" of emphasizing both rights and obligations, and morality has the "one-sidedness" of emphasizing only obligations

b.Moral coercion is a kind of spiritual compulsion.

c.Marx's radicalist jurisprudence held that it is wrong to give priority to the stability of law in a one-sided wayThe morality reflected in the law is abstract.

Correct answer] d

Answer Analysis] This question examines the understanding of law and morality. Law and dominant morality are consistent, the two have a common economic and ideological foundation, have a common essence, and both undertake the mission of confirming and maintaining certain social relations and social order, and the two penetrate each other and complement each other. There is also a difference between law and morality.

A and B are clearly correct. There are two viewpoints on the priority relationship between law and morality, one is the priority of the principle of stability of law, and the other is the priority of the principle of moral justice of law. That is, when law and morality collide with each other, the former considers law to take precedence, while the latter considers morality to take precedence.

Marxist jurisprudence holds that it is wrong to emphasize one of these two views one-sidedly. Therefore, the statement of option C is correct. Marxism holds that morality is a historical category and a class scope, and there is no abstract morality that applies to all mankind.

The law is the embodiment of the will of the ruling class, and the morality reflected in the law must also be hierarchical, and this kind of morality can only be "concrete" and reflect the interests and will of a particular ruling class. Therefore, the statement of option D was wrong and D should be chosen.