吉林大学法学研究生试题24298.pdf

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1、.Jurisprudence 1995 Briefly describe the basic viewpoints of Mar*ist legal view on the understanding of the role of law?P71、253 Briefly describe the characteristics of legal responsibility different from other social responsibilities.P295、143 Briefly describe the respective advantages of socialist l

2、aw and socialist morality.P467、449 Briefly describe the basic links of the stages of law operation.P310 Basic principles of legislation in China.P316、344 Mar*ist understanding of the essence of law.P57、49 Jurisprudence 1996 The relationship between commodity e*change and law.P410 The meaning of lega

3、l effect.P234、89 Method of transplantation.P189、210 The principle of legal interpretation.P382、374 The role of law in establishing socialist market economy.P414、410 Jurisprudence 1997 Briefly describe the characteristics of legal value.P88、278 Briefly describe the difference between legal system and

4、 legal system.Briefly describe the legislative system.P314、348 On the inheritance of legal culture.P456、205 discuss 1.Complementarity of rights and obligations.P211、111 2.On the necessity and limitations of legal inheritance and transplantation.P196、205 P180、190 1998 Graduate Entrance E*amination Ci

5、vil and Commercial Law-Jurisprudence Volume Short answer 1.What principles must Mar*ist jurisprudence follow when applying value analysis methods?2.What is the quantitative equivalence of rights and obligations?3。How to understand the meaning of legal realization 4。How to understand the rule of law

6、is the inevitable choice of human progress.II.Discussion 1 on law enforcement 2 theoretical advantages and characteristics of Mar*ist definition of law 1999 Graduate Entrance E*amination Civil and Commercial Law-Jurisprudence Volume A noun 1 legislative purpose 2 legal cleaning 3 law enforcement 4 l

7、egal principles 5 legal effect Short answer 1 Essential attribute of legal liability 2 the meaning of legal realization 3 The function of the judiciary Three e*positions 1 the effectiveness of legal norms 2 the characteristics of legal value Postgraduate entrance e*amination questions of jurispruden

8、ce 1999.1.On the role of law in promoting and guaranteeing scientific and technological progress(20)2.On legal transplantation(20)3.On the Relationship between Law and Interests(30)4.Candidates can choose one of the following two questions(30)A.Elaborate the substantive reasoning(i.e.dialectical rea

9、soning)in legal reasoning.B,on the legal protection of human rights Jilin University Postgraduate Entrance E*amination Paper for Administrative Law in 1999:Jurisprudence Part A noun Legislative purpose enforce the law legal interpretation Legal effect rule of law Two short answers 1 the nature of le

10、gal responsibility 2 the significance of legal realization 3 Judicial function Three e*positions 1 the characteristics of legal value 2 the effectiveness of legal norms Civil and Commercial Law of Postgraduate Entrance E*amination in 2000-Jurisprudence Volume A value judgment on the relationship bet

11、ween rights and obligations 2.Basis and reasons for citizens to abide by the law in socialist society How to identify legal norms with legal effect Fourth,the rule of law is the inevitable choice for the progress of human history.Five characteristics of legal value Legal Science Postgraduate E*amina

12、tion Questions 2000 1,a brief analysis of the characteristics of contemporary Chinese socialist legal system(15)2.On the concept and function of legal principles(15)3.On the role of law in guaranteeing freedom(20)4.On the value of due process of law from the relationship between procedural law and s

13、ubstantive law(20)5.Choose one of the following two questions(30):A,the basic content of Mar*ist view of human rights B.Legal issues in social sustainable development Jilin University Postgraduate Entrance E*amination Paper for Administrative Law in 2000:Jurisprudence Part Short answer(15*3)1 from t

14、he value judgment,what is the relationship between rights and obligations?2 How to determine whether legal norms have legal effect?.What are the grounds and reasons for citizens to abide by the law in socialist society?II.Discussion 1 The rule of law is the natural choice of human progress(25)2 Char

15、acteristics of legal value(30)Civil and Commercial Law of Postgraduate Entrance E*amination in 2001-Jurisprudence Volume On the effectiveness of law from the perspective of the rank of law On the characteristics of legal thinking mode The illegal view of three evil laws and the view that evil laws a

16、re also laws.IV.Presumption of rights and obligations 5.On the background of Chinas entry into WTO,discuss the legal system reform in China.E*amination questions of legal science for postgraduate entrance e*amination 2001 1.Briefly describe the classification of legal rules.2.Briefly describe the le

17、gal cultural tradition.3.Briefly describe the realization of justice.4.Briefly describe the adjustment effect of law on interests.5.Try to e*plain that the Communist Party of China（CPC）s leadership must be adhered to in the process of legal system construction.Jilin University Postgraduate Entrance

18、E*amination Paper for Administrative Law in 2001 Jurisprudence Part On the effectiveness of law from the perspective of the rank of law On the characteristics of legal thinking mode 3.Presumption of rights and obligations On the view of evil law is illegal and evil law is also law On Chinas legal sy

19、stem reform under the background of Chinas entry into WTO Civil and Commercial Law of Postgraduate Entrance E*amination in 2002-Jurisprudence Volume 1.Limits of rights in social operation(12 points)Two basic conditions for the formation of a country ruled by law in modern times(12 points)Action mech

20、anism of law(12 points)Four,the rule of law,the rule of virtue,the meaning of the legal system and interrelated(12 points)On the Prerequisites of Legal Sanctions(26 points)On the value orientation of giving priority to efficiency and giving consideration to fairness in Chinese law(26 points)E*aminat

21、ion questions of legal science for postgraduate entrance e*amination 2002 1.The semantic analysis method is a common legal method used by western philosophers.Try to discuss the semantic analysis method with legal origin as an e*ample.2.Domestic law and international law have always been the focus o

22、f jurisprudence research.After Chinas accession to the WTO,the contradiction has become more prominent.This paper tries to discuss the relationship between domestic law and international law from the perspective of jurisprudence.3.Try to talk about the negative effects of science and technology(both

23、 actual and potential),and talk about the role of law in alleviating the negative effects of science and technology.4.In 2001,China promulgated the Legislation Law.Try to talk about the subject,content and effect of legal interpretation based on the Legislation Law.Jilin University Postgraduate Entr

24、ance E*amination Paper for Administrative Law in 2002:Jurisprudence Part A short answer to the boundaries of rights A brief answer to the premise of a country ruled by law The role of law Fourth,the relationship between the rule of law and the rule of virtue.On the premise of legal sanction On the v

25、alue orientation of fairness and benefit under the condition of socialist market economy Jurisprudence in 2003 I.E*planation of terms 1.Legal transplantation 2.Legislation 3.The purpose value of law II.Short answer 1.Briefly describe the imputation principle of legal liability.2.Briefly describe the

26、 general law of the method.3.Limitations of legal adjustment 4.Mandatory law.5.General principles of legal interpretation III.Discrimination 1.Is the declaration of disappearance a constitutive rule?2.Does the supervision of the CPPCC belong to legal supervision?3.Everything is the object of legal r

27、elationship.4.The normative legal documents formulated by the National Peoples Congress in national autonomous areas are autonomous regulations,which are listed separately.IV.Discussion 1.The role of science and technology in law 2.Combined with the discussion of strengthening legal supervision,law

28、enforcement and human rights protection in the report of the 16th National Congress of the Communist Party of China,talk about the implications.Legal thoughts.2004 Comprehensive Volume(Jurisprudence Constitution)I.Short answer 1,the basic characteristics and specific forms of empirical analysis meth

29、ods in law(10 points)2,the basic signs of law(10 points).3.Briefly describe the normative function of the method(20 points)Second,discuss the meaning of the value of law(25 points)III.Limitations of Argumentation(25 points)Four,the impact of Chinas accession to the WTO(25 points)V.Characteristics of

30、 civil rights and obligations(10 points)Si*,briefly describe the guarantee of the implementation of the Constitution(25 points)2004 Comprehensive(Criminal Law,Civil Law)A brief introduction of 30 points 1 Briefly describe the relationship between recidivism and special recidivism 2.A brief analysis

31、of the nature that stealing guns for robbery will stop because of une*pected reasons before it is started.3 The difference between embezzlement and corruption Two,on the nature of stopping repeated infringement behavior(25 points)Three,the similarities and differences between the immediate e*ecution

32、 of the death penalty and the application conditions of reprieve(20 points)IV.Brief introduction(30 points)1 the relationship between capacity for civil conduct and capacity for civil responsibility 2 apparent value of agency system 3 Nature of legal person during liquidation period Five,on the theo

33、ry of property right behavior without cause(25 points)Si*,try to e*plain the relationship between anticipatory breach of contract and uneasy defense(20 points)2005 Jurisprudence(including Constitution)1.Short answer:1,briefly describe the basic characteristics of legal acts(10 points)2.Briefly descr

34、ibe the signs generated by the method(10 points)3.Briefly describe the three meanings of the value of law(10 points)4.Briefly describe the relationship between legal adjustment and moral adjustment(10 points)Two,try to e*plain the limitations of the role of law(25 points)Three,try to describe the re

35、lationship between rights and obligations(25 points)Four,try to e*plain the principle of the rule of law in the process of the operation of the law and the basic requirements(25 points)V.Main features of constitutional norms(10 points)Si*,try to describe the nature and content of the special adminis

36、trative legal system(25 points)Comprehensive Volume(Civil Law,Criminal Law)Criminal law:1.Types of harmful behaviors(10 points)2.Constitutive elements of the crime of kidnapping(10 points)3,the difference between affray and assault crime(10 points)4.Try to discuss the value evaluation of non-penalty

37、 treatment methods(25 points).5.Applicable conditions of death penalty(20 points)Civil law:1.Risk burden of buying and selling the subject matter(10 points)2.The difference between easement and neighboring right(10 points)3.The difference between inheritance and subrogation inheritance(10 points)4.A

38、nalyze the advantages and disadvantages of fault imputation principle and talk about the development trend of imputation principle(25 points)5.Discuss the nature and institutional function of possession(including legal effect)(20 points)2006 Postgraduate Entrance E*amination Questions(in Jilin Provi

39、nce)Jurisprudence(including Constitution)First,brief questions 1.How to adhere to the basic methodology of Mar*ist jurisprudence?(10 points)2.What is the difference between legal rules and legal principles?(10 points)3.What is the standard and significance of public-private law division?(10 points)4

40、.What is the necessity and inevitability of legal interpretation?(10 points)Second,the essay questions 1.How to understand the limitations of law and its relationship with the rule of law?(25 points)2.What is the relationship between law and freedom?(25 points)3.How to correctly view the relationshi

41、p between a country ruled by law and political civilization?(25 points)Constitution part:I.Short answer questions(10 points)Restrictions on constitutional amendment II.Essay questions(25 points)The position of the relationship between civil rights and state power in the constitutional relationship C

42、omprehensive(Criminal Law and Civil Law)Part of criminal law:I.Short answer(10 points for each question,30 points in total)1.The connection and difference between attempted crime and crime suspension.2.The development stage of criminal responsibility 3.Discussion on the object of crime endangering p

43、ublic security.II.Essay questions(45 points in total)1.Circumstances that do not constitute a joint crime(25 points)2.The relationship between statutory punishment,sentencing circumstances and declared punishment(20 points)Civil law part:I.Short answer questions(10 points for each question,30 points

44、 in total)1.How to divide the civil liability of a legal person,its legal representative and other staff?2.Joint and several liability in agency stipulated in the general principles of civil law of our country.3.Priority effect of real right II.Essay questions(45 points in total)1.According to the l

45、egal responsibility of the co-owners for the disposition of the co-owners and their.illegal acts(25 points)2.The difference between the de facto anticipatory breach of contract in Anglo-American law and the defense of uneasy performance in civil law system(20 points)2006 Postgraduate Entrance E*amin

46、ation Questions(Outside Jilin Province)Jurisprudence(including Constitution)I.Short answer questions(10 points for each question,40 points in total)1.The meaning of the rule of law 2.The purpose,value and characteristics of law 3.Human rights and ways to guarantee them 4.The function mechanism of le

47、gal procedure II.Essay questions(25 points for each question,75 points in total)1.Functions and limitations of the law(25 points)2.The proverb Kill for your life,pay for your debts has been circulating among the Chinese people;Article 232 of Chinas Criminal Law stipulates:Whoever intentionally kills

48、 a person shall be sentenced to death,life imprisonment or fi*ed-term imprisonment of more than ten years;”。Please answer:(1)What specifications do they belong to?(3 points)(2)The connection and difference between them?(22 points)3.Legal globalization and its influence on Chinas legal system constru

49、ction(25 points)Constitution part:1.Briefly describe the principles of the implementation of the Constitution.(10 points)2.On the perfection of Chinas peoples congress system.(25 points)Comprehensive(Criminal Law and Civil Law)Part of criminal law:I.Brief Questions(30 points)1.Briefly describe the c

50、onstitutive requirements of a joint crime and the circumstances that do not constitute a joint crime(10 points)2.Briefly describe the difference between fines and confiscation of property(10 points)3.Briefly describe the difference between the crime of serious liability accident and the crime of der