华东理工大学 成人高等教育学习指导书 法律基础 刘金祥编写 华东理工大学继续教育学院组编 二O○六年八月
法律基础 刘金祥 编写 华东理工大学继续教育学院组编 二○○六年八月 华 东 理 工 大 学 成人高等教育学习指导书
前言 法天 理的内容由二大部分构成： 法的本质和类型、 容由二大部分构成：我国社会主义法的基本理论，包括法的产生和发画 法律意识以及民主 建设、 巡治国、民主法制建设等理论：我国宪法和有关法律，包括宪法、民法、媚法、继承法、 刑法、诉讼法等部门法的基木精神和内容。 学习本门课程，是培养大学生遵纪守法，维护社会稳定与和谐的需要：是使大学生正确 理解和坚持实行依法治国方略，建设社会主义法治国家的需要：是完善和优化大学生的知识 结构和文化素质，使他们成为“四有”人才的需要：也是实现党的十六大确定的全面建设小 康社会的宏伟目标的需要。 门课程的学习要坚持理论联系实际、课堂学习与课外学习相结合、学以致用、积极参 加法律实践的原则和方法
2 前 言 《法律基础》课程是我国大学生必修的公共法制教育课。本门课程以马克思列宁主义、 毛泽东思想、邓小平理论和“三个代表”重要思想为指导，对大学生进行我国社会主义法的 基本理论、宪法和有关法律的基本精神和内容的教育。 本门课程的内容由二大部分构成：我国社会主义法的基本理论，包括法的产生和发展、 法的本质和类型、法的作用、法的创制和实施、法律意识以及民主政治建设、依法治国和以 德治国、民主法制建设等理论；我国宪法和有关法律，包括宪法、民法、婚姻法、继承法、 刑法、诉讼法等部门法的基本精神和内容。 学习本门课程，是培养大学生遵纪守法，维护社会稳定与和谐的需要；是使大学生正确 理解和坚持实行依法治国方略，建设社会主义法治国家的需要；是完善和优化大学生的知识 结构和文化素质，使他们成为“四有”人才的需要；也是实现党的十六大确定的全面建设小 康社会的宏伟目标的需要。 本门课程的学习要坚持理论联系实际、课堂学习与课外学习相结合、学以致用、积极参 加法律实践的原则和方法
课程说明 到 4.教材：江伟钰主编：《大学法律基础教程》，华东理工大学出版社，2003年8月出版 (1)修义庭主编《法律基础》，上海教有出版社，1999年9月出版 (2)姜德高主编《法律基础理论》，中国人事出版社，1998年4月出版 (3)刘金祥主编《市场经济法律基础新编》，华东理工大学出版社，1997年8月出版 (4)黄银山主编《大学法律基础》，立信会计出版社，2002年5月出版 (5)吴祖谋主编：《法学概论》，法律出版社，1994年出版 (6)刘文华主编：《经济法律通论》，高等教有出版社，2000版
课 程 说 明 1.课程名称：《法律基础》 2.课程学时：36 学时/2 学分（授课 32 课时/实践 4 课时） 3.适用专业：专科、本科 4.教材：江伟钰主编：《大学法律基础教程》，华东理工大学出版社，2003 年 8 月出版 5.参考书： （1）修义庭主编《法律基础》，上海教育出版社，1999 年 9 月出版 （2）姜德高主编《法律基础理论》，中国人事出版社，1998 年 4 月出版 （3）刘金祥主编《市场经济法律基础新编》，华东理工大学出版社，1997 年 8 月出版 （4）黄银山主编《大学法律基础》，立信会计出版社，2002 年 5 月出版 （5）吴祖谋主编：《法学概论》，法律出版社，1994 年出版 （6）刘文华主编：《经济法律通论》，高等教育出版社，2000 版
目录 1.法的基础理论… …1 1.1学习要求 1.2内容简述 1.2.1法的一般原理… 1.2.2我国的基本法律制度 …4 1.2.3社会主义法的实施…6 1.2.4法治国家……………4………4………7 1.3本章知识点 …8 1.4例愿与习愿…8 1.5习题解答 .9 2.先法 10 21学习要求…10 2.2内容简述…10 2.2.1宪法概述… 4444 22.2国家的基本制 12 2.2.3公民的基本权利与基本义务 13 2.2.4我国的国家机构 13 2.3本章知识点 15 2.4例题与习题 6 2.5习解答 …17 3.刑法 …18 3.1学习要求 …18 3.2内容简述 18 3.2.1刑法概述 …18 3.2.2犯罪 19 32.3刑罚22 3.3本章知识 …25 3.4例题与习题 …25 3.5习题解答 27
1 目 录 1.法的基础理论·························································································1 1.1 学习要求 ····························································································1 1.2 内容简述 ····························································································1 1.2.1 法的一般原理····················································································1 1.2.2 我国的基本法律制度············································································4 1.2.3 社会主义法的实施 ··············································································6 1.2.4 法治国家··························································································7 1.3 本章知识点··························································································8 1.4 例题与习题··························································································8 1.5 习题解答 ····························································································9 2.宪法 ··································································································10 2.1 学习要求 ··························································································10 2.2 内容简述 ··························································································10 2.2.1 宪法概述························································································10 2.2.2 国家的基本制··················································································12 2.2.3 公民的基本权利与基本义务 ·································································13 2.2.4 我国的国家机构 ···············································································13 2.3 本章知识点························································································15 2.4 例题与习题························································································15 2.5 习题解答 ··························································································17 3.刑法 ··································································································18 3.1 学习要求 ··························································································18 3.2 内容简述 ··························································································18 3.2.1 刑法概述························································································18 3.2.2 犯罪 ·····························································································19 3.2.3 刑罚 ·····························································································22 3.3 本章知识 ··························································································25 3.4 例题与习题························································································25 3.5 习题解答 ··························································································27
4.民法…………28 4.1学习要求 …28 4.2内容简述 ·28 4.2.1民法的概念和调整对象 ·28 4.2.2民事法律关系 28 4.2.3民事主体- ·29 4.2.4民事法律行为和代理 .30 4.2.5民事叔利-…………… 31 42.6民事责任 44 33 43本章知识点 36 4.4例题与习题 36 4.5习题解答 ·38 5.婚烟法与继承法 39 5.1学习要求 39 5.2内容简述 39 5.2.1婚姻法 5.2.2继承法 41 5.3本章知识点 43 5.4例题与习题 .43 5.5习题解答 6.诉讼法 6 6.1学习要求 6,2内容简述 6.2.1行政诉讼法 46 6.2.2民事诉讼法 8 6.2.3刑事诉讼法 ·52 6.3本章知识点 .54 6.4例题与习题 .54 6.5习题解答 .55
2 4.民法 ··································································································28 4.1 学习要求 ··························································································28 4.2 内容简述 ··························································································28 4.2.1 民法的概念和调整对象·······································································28 4.2.2 民事法律关系··················································································28 4.2.3 民事主体························································································29 4.2.4 民事法律行为和代理··········································································30 4.2.5 民事权利························································································31 4.2.6 民事责任························································································33 4.3 本章知识点························································································36 4.4 例题与习题························································································36 4.5 习题解答 ··························································································38 5.婚姻法与继承法 ····················································································39 5.1 学习要求 ··························································································39 5.2 内容简述 ··························································································39 5.2.1 婚姻法 ··························································································39 5.2.2 继承法 ··························································································41 5.3 本章知识点························································································43 5.4 例题与习题························································································43 5.5 习题解答 ··························································································45 6.诉讼法 ·······························································································46 6.1 学习要求 ··························································································46 6.2 内容简述 ··························································································46 6.2.1 行政诉讼法·····················································································46 6.2.2 民事诉讼法·····················································································48 6.2.3 刑事诉讼法·····················································································52 6.3 本章知识点························································································54 6.4 例题与习题························································································54 6.5 习题解答 ··························································································55