In addition to more than 2 more than the other two state-owned enterprises or state-owned investment entities set up a limited liability company, board members should be representatives of the employees, and other limited liability company board members are representatives of the employees can not be there representatives of the employees, so the A option is not correct. According to the According to the According to the not exceeding 3 years, reelection. Therefore, option D is incorrect.
2. Answer: B
Analysis: According to the obligations. Therefore, B payer as commercial paper, the drawer can not be declared bankrupt the refusal of payment. Can not return the payment by the holder then requested payment. However, Company B paid the company after recourse to the C, B and fill the drawer after subsection C group of companies to declare bankruptcy liquidation bankruptcy claims, in the light, the question should be selected B.
3. Answer: C
resolution: Thirty-eighth article, the people's court accepts the bankruptcy application, possession of the debtor does not belong to the debtor's property, the property manager can retrieve the right people. However, except as otherwise provided in this Act. BD two belong to the debtor in possession of another person's property, it is not a property of the debtor BD.
, the seller can get back in operation on the way the subject matter. However, the manager can pay full price, request the seller to deliver the subject matter. A option that this is the case, according to which states have not yet paid the purchase price of goods in transit, whether a debtor's property, may be caused by the consignor of the goods back, or it may pay the full price by the company after a request for delivery, in uncertain status. Therefore, A error. The property has a mortgage is still a debtor's property, so the correct option C, was elected.
4. Answer: A
Analysis: After payment, do not enjoy the right of recourse to third parties, but the insured or the beneficiaries have the right to a third party to claim compensation. Therefore,UGG boots cheap, option A is correct. There is no legal basis to say BC, BC error. D coincides with the requirement to say the contrary, it is wrong.
5. Answer: C
Analysis:
non-resident enterprises in China, establishment or place, it should be to their institutions or establishments to obtain income from sources within China, as well as outside China but with its organ or establishment is effectively connected income and pay corporate income tax.
non-resident enterprise has no establishment in China, places, or that the establishment of institutions and places, but they set up with the income obtained body is not connected, it should be on their income originating from China to pay corporate income tax. Therefore, option A is correct, not elected.
Therefore, option B is correct, not elected.
Non-resident enterprise pursuant to article III of this Law, shall pay income tax rate is 20%. Non-resident enterprise pursuant to article III of this Law, shall pay income tax rate is 20%. Third paragraph before the case is different rates, third paragraph circumstances other than the tax rates the same. Therefore, option C on resident enterprises and non-resident enterprises, both completely different tax rate applicable was wrong. C option is elected.
income; (c) set up offices in China, site of the non-resident enterprises obtain from a resident enterprise of the institution, place and have actual connection dividends, bonuses and other equity investment gains; (d) Eligible nonprofit organization's income. There's no distinction between resident enterprises and non-resident enterprise,UGG shoes, so option D is correct.
6. Answer: C
Analysis: Land collectively owned by peasants, by the collective economic organizations or individuals other than the contracting unit, engaged in farming, forestry, animal husbandry and fisheries. Employer and the Contractor shall enter into contract to define rights and obligations of both parties. Duration of land contracting and management contract by the Contractor. Contracted land units and individuals to protect and use of the contracts in accordance with the reasonable use of the land. Therefore, option C as the only correct answer.
7. Answer: D
analysis: assessment of the problem in a general partnership and its partners share of property eligible for the inheritance.
unanimous consent of all, from the date of succession, the partner in the partnership to obtain the qualification.
one of the following circumstances, the partnership shall be returned to the partner's heirs inherited the property share of a partner:
(a) the heirs do not want to become a partner;
(b) of the law or partner of the partnership agreement must have the relevant qualifications, and the heirs did not obtain the qualification;
(c) the partnership agreement can not be a partner in the other cases.
partner's heirs without civil capacity or with limited capacity for civil conduct, and by unanimous consent of all, you can become a limited partner in accordance with the law, common law partnership into a limited partnership. Not all partners agree, the partnership enterprise shall be inherited share of a partner's property be returned to the heirs.
accordance with the above we can see that Li the right to inherit his father's property share in the partnership, A paragraph is correct.
as other partners are agreed that Li can obtain limited partner status, the original general partnership into a limited partnership law. Therefore, B entries are correct.
prior agreement if the partner of the partnership agreement must have full civil capacity, then Lee can not be a partner, only a refund of his father's property in the partnership share. Therefore, C items correctly.
In addition, Lee is a partner willing to obtain the qualifications to make its intention to replace the legal representative does not need to wait until Liming Cheng made years later by himself, the other, even I am willing to also need other unanimous consent of all it can be achieved. Therefore, D entry errors.
8. Answer: A
Analysis: the seller shall compensate for loss of: (a) do not have the product should have the property is not stated in advance; (b) does not comply with the product or its packaging with the product standards marked; (c) does not meet the product instructions, physical samples that the quality of the state. sellers according to undertake the repairs, replacement, return or compensation for losses, are the responsibility of the producer or seller is available to other sales of products (hereinafter referred to as the supplier persons) the responsibility of the sellers have the right to the producer or the supplier recovery. be liable for damages.
, the main responsibility for product defect do not have to have a contractual relationship with the victim, so B is wrong.
product liability is the responsibility principle applied the principle of liability without fault, rather than the principle of fault liability is, therefore, C key argument error.
burden of proof on the subject; situation are: (a) due to new product manufacturing patent dispute caused by patent infringement litigation; (b) caused by environmental pollution due to an action for damages; (c) the infringement caused by medical practice. Disputes, product defect liability does not include the burden of proof, D key argument error.
9. Answer: C
Analysis: Supreme Court Intermediate People's Court jurisdiction. shall bear the provision of its new drugs patented manufacturing method of different methods of proof of black, on the contrary, it said that the company should not assume the accused black drug manufacturing methods and patented the same burden of proof, therefore, B option statements are correct. clouds if you can prove the technology is the implementation of existing technology, the court should identify the company's conduct did not constitute clouds infringement, rather than inform the clouds have separately filed the patent invalidation procedure. Therefore, C option statements are wrong. factors, determine to give one million yuan million less compensation. amount, therefore, D option statements is correct.
Second, the multiple-choice questions
1. Answer: ABC
Analysis: Option A is correct.
option B is correct. Provinces, autonomous regions and municipalities health authority under the national food safety risk monitoring plan, combined with the specific circumstances of the administrative areas, formulate, implement the administrative areas of food safety risk monitoring programs.
option C is correct.
option D error. Article 13, paragraph 4, of food safety risk assessment should use scientific methods, according to food safety risk monitoring information, scientific data and other relevant information.
2. Answer: ABCD
Analysis: Option A is correct. Taxpayers and withholding agents have secrets. The tax authorities shall taxpayers and withholding agents confidential.
option B is correct. Taxpayers have the right to information. Taxpayers and withholding agents have the right to national tax authorities to understand the tax laws, administrative regulations and procedures for the situation with the tax.
option C is correct. Taxpayers and withholding agents have to apply for administrative reconsideration, administrative proceedings, the right to request state compensation.
option D is correct. Taxpayers and withholding agents have the right to sue and prosecute.
In addition to these four rights, but also enjoy: apply for a reduction, exemption and refund rights; statement of the right of defense; incentives right,Discount UGG boots, the right to request a withdrawal.
3. Answer: ABD
Analysis: Options AB is correct. audited financial revenue and expenditure, financial revenue and expenditure, audit and supervision as required in accordance with this Law.
option C error. Accordingly we know that government investment in construction projects for the audit institutions only the budget implementation and final accounts of their conduct audits of financial revenues and expenditures rather than on the overall audit oversight.
option D is correct.
4. Answer: ACD
Analysis: Option A is correct. Labor relations of the parties to be specific, one is working, other is the employer.
option B error. Labor administrative departments and the workers, the relationship between employers and labor are closely linked to other social relations.
option C is correct. Physical properties of labor relations, the employer shall have the right management and use of workers. Labor relations between the attributes of property, workers paid to provide the labor, the employer pay compensation to the worker.
option D is correct. The parties in establishing, changing labor relations, should be in accordance with equality, legal principles, and therefore equality of labor relations. Meanwhile, labor relations from the property, labor relations, once established,UGG bailey button, workers to become the employer of the workers, and employers there is identity, organizational and economic subordination, the employer of labor in accordance with its rules and regulations for the management and workers, the two sides to form management and be managed, the relationship between domination and being dominated.
5. Answer: BCD
Analysis:
consensus employer and the employee may conclude a labor contract without a fixed period. One of the following circumstances, the employee proposes or agrees to renew labor contract, unless the employee proposes to conclude a fixed term labor contract shall be concluded without a fixed term labor contract:
(a) of the employee in the employing unit for at least ten years;
(b) the employer introduces the labor contract system or the restructuring of state-owned enterprises re-entered the labor contract, workers in the employer for ten years and less than ten years away from his legal retirement age;
(c) entered into a second consecutive term labor contracts, and no provisions of this law employee and fourth ten first, the second paragraph of the case, to renew the labor contract.
employer from one year from the date of employment and workers do not enter into a written employment contract, as the employer and the employee has entered into a non-fixed term labor contract.
Option A error. Does not meet the
option B is correct. According to regulations, the state enterprise employees statutory retirement age is normal retirement age under state law, namely: Male 60 years old, female workers over 50 years of age, female cadres and 55 years of age. At the same time under the
option C is correct. Consistent with the
option D is correct. Belongs to the employer and the employee so agree the situation.
6. Answer: ACD
Analysis: Be used to know, securities firms act to provide security for its shareholders is expressly prohibited by law, can not be changed by shareholder resolution. Therefore, A term in violation of the
Accordingly we can see, the Therefore, B does not violate the behavior item
Accordingly we can see the benefits to their customers securities trading act of commitment to the Therefore, C items in violation of the
Accordingly we know that customer acceptance is discretionary Therefore, D item in violation of the
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