内容发布更新时间 : 2024/5/21 1:15:47星期一 下面是文章的全部内容请认真阅读。

the principle of simplified EIA of construction projects in the region. In terms of land, linked to the implementation of urban and rural construction land increase and decrease, replacement indicators for priority areas project. Charges, into the projects of water, electricity, administrative charges and preferential policies. In the area of taxation, and settled in areas of industry and its production company, within 5 years after the completion of fiscal incentives to enterprises. In terms of financing, integration of land, tax, financial and other resources, and construct \nment credit + business credit\dit system, establishment of marketization, commercialization and modernization of the investment and financing platform; effective Bank-enterprise docking, encourages private capital into the Park, to raise industry development fund. 5, optimize the environment and service industries. To create \owlands, Highlands, integrity of service land, development land\l, to optimizethe area under development environment. All administrative law enforcement departments to appoint a full-time personnel stationed in areas dedicated to coordinating and solving problems associated with businesses in this sector. When there are substantial issues, sector leaders arranged to personally intervene, in-person, in-person push tangible area building a green light, easy line. To further reduce and standardize administrative examination and approval items, simplify examination and approval links, improve efficiency; according to the ...Since the educational practice of the mass line of the party, himself seriously in the education, practical control central \nd opposing \nds\practicing %uns\nd check the spirit of Jiao Yulu, ideology, solicit opinions based on outstanding problems checked swing, careful analysis and reflection. Will now check report is as follows: first, adherence to the party's political discipline, eight in the central provision, change the style of the basic situation of 1, in compliance with the party's political disciplines. Conscientiously abide by the party's political discipline, abide by the Constitution and the rules and regulations of the party, in the political, ideological and maintain highly consistent with the CPC Central Committee on the action, there is no violation of the party's political discipline problems. 2, in the implementation of the central authorities of the eight provisions. Improving research, improving research methods, but there are less grass-roots units, primary first-hand an inadequate grasp of the problem, which is to be strengthened in the future. Second, construction, strictly in accordance with the provisions to streamline and improve the quality of meetings of the Conference. Third, streamlining file briefs, culture involves all aspects of propaganda and ideology, sometimes due to the practical needs of invention notifications, this area needs furtherplan environmental impact assessment before and after project approval,\nciple of simplified EIA of construction projects in the region. In terms of land, linked to the implementation of urban and rural construction land increase and decrease, replacement indicators for priority areas project. Charges, into the projects of water, electricity, administrative charges and preferential policies. In the area of taxation, and settled in areas of industry and its production company, within 5 years after the completion of fiscal incentives to enterprises. In terms of financing, integration of land, tax, financial and other resources, and construct \nt credit + business credit\stem, establishment of marketization, commercialization and modernization of the investment and financing platform; effective Bank-enterprise docking, encourages private capital into the Park, to raise industry development fund. 5, optimize the environment and service industries. To create \Highlands, integrity of service land, development land\oal, to optimize the area under development environment. All administrative law enforcement departments to appoint a full-time personnel stationed in areas dedicated to coordinating and solving problems associated with businesses in this sector. When there are substantial issues, sector leaders arranged to personally intervene, in-person, in-person push tangible area building a green light, easy line. To further reduce and standardize administrative examination and approval items, simplify examination and approval links, improvefficiency; according to the ...Since the educational practice of the mass line of the party, himself seriously in the education, practical control central \nd opposing \nds\practicing %uns\nd check the spirit of Jiao Yulu, ideology, solicit opinions based on outstanding problems checked swing, careful analysis and reflection. Will now check report is as follows: first, adherence to the party's political discipline, eight in the central provision, change the style of the basic situation of 1, in compliance with the party's political disciplines. Conscientiously abide by the party's political discipline, abide by the Constitution and the rules and regulations of the party, in the political, ideological and maintain highly consistent with the CPC Central Committee on the action, there is no violation of the party's political discipline problems. 2, in the implementation of the central authorities of the eight provisions. Improving research, improving research methods, but there are less grass-roots units, primary first-hand an inadequate grasp of the problem, which is to be strengthened in the future. Second, construction, strictly in accordance with the provisions to streamline and improve the quality of meetings of the Conference. Third, streamlining file briefs, culture involves all aspects of propaganda and ideology, sometimes due to the practical needs of invention notifications, this area needs further2008年国家司法考试 试 卷 四

提示：本试卷为简答题、案例分析题、论述题。请按题序在答题纸对应位置上书写答案，勿在卷面上直接作答。 一、（本题20分）

材料：据新华社4月13日电：2006年4月，中共中央提出树立社会主义法治理念。这是以胡锦涛同志为总书记的党中央，从社会主义现代化建设事业全局出发，坚持以马克思主义法学理论为指导，在认真总结我国法治建设实践经验，借鉴世界法治文明成果的基础上，作出的一项重大决策。标志着我们党对建设中国特色社会主义法治国家的规律、中国共产党执政规律有了更加深刻的认识和把握。其基本内涵可以概括为依法治国、执政为民、公平正义、服务大局、党的领导等五个方面。

《法制日报》2008年2月1日报道：2007年岁末，中共中央总书记胡锦涛在同全国政法工作会议代表、全国大法官、大检察官座谈时指出，要始终坚持党的事业至上、人民利益至上、宪法法律至上。这\三个至上\所蕴含的精神，不仅体现了执政党以人为本、执政为民、全心全意为人民服务的基本理念，也体现了社会主义法治理念的深刻内涵，体现了建设社会主义法治国家必须坚持党的领导、人民当家做主、依法治国三者之间的有机统一。 问题：

请根据以上材料，从法与政治和法的作用的角度简答对社会主义法治理念的认识。 答题要求：

1．观点正确，表述完整、准确； 2．不少于400字。 二、（本题20分）

案情：徐某系某市国有黄河商贸公司的经理，顾某系该公司的副经理。2005年，黄河商贸公司进行产权制度改革，将国有公司改制为管理层控股的股份有限公司。其中，徐某、顾某及其他15名干部职工分别占40%、30％、30％股份。在改制过程中，国有资产管理部门委托某资产评估所对黄河商贸公司的资产进行评估，资产评估所指派周某具体参与评估。在评估时，徐某与顾某明知在公司的应付款账户中有100万元系上一年度为少交利润而虚设的，经徐某与顾某以及公司其他领导班子成员商量，决定予以隐瞒，转入改制后的公司，按照股份分配给个人。当周某发现了该100万元应付款的问题时，公司领导班子决定以辛苦费的名义，从公司的其他公款中取出1万元送给周某。周某收下该款后，出具了隐瞒该100万元虚假的应付款的评估报告。随后，国有资产管理部门经研究批准了公司的改制方案。在尚未办理产权过户手续时，徐某等人因被举报而案发。 问题：

1．徐某与顾某构成贪污罪还是私分国有资产罪？为什么？ 2．徐某与顾某的犯罪数额如何计算？为什么？ 3．徐某与顾某的犯罪属于既遂还是未遂？为什么？ 4．给周某送的1万元是单位行贿还是个人行贿？为什么？

5．周某的行为是否以非国家工作人员受贿罪与提供虚假证明文件罪实行数罪并罚？为

treamlining. Four are standard visits, except as required to participate in training, no other activity. Five is to improve news reporting, for propaganda work strictly according to the regulations. Six is strictly your presentation published strictly according to the regulations. Seven is strictly thrift, required the use of vehicles and office space and corporate hospitality. 3, change the style. Propaganda and ideological work of the new situation and new requirements of the new tasks, had done a lot of fruitful work, has made many achievements, but further closer to the grass roots, close to reality, close to the masses and also inadequate innovation must continue to improve. Second, the \ome outstanding issues 1, oppose formalism. One theory is that he didn't, with less close contact. Theoretical study of consciousness is not high enough, system performance is not strong enough; more passive learning, active learning few generalities and learn more, delving into less. Especially based on rational thinking on major issues, applying theory to guide the work done is not good enough, not really understand and grasp the spirit and essence of the scientific Outlook on development, did not truly achieve mastery, to apply, to a certain extent, affect the development and implementation of ideas and initiatives. Second, work arrangements, and less supervision. Propaganda and ideological work is the objective, which needs to keep the continuity efforts deployed, but stressed in the work time, less supervision. For example, color weekends in the summer theatrical activities, city square performances, urging townships, communities and rural areas shows the implementation is inadequate, insufficient cultural an educational role to play. Third base enough, master grass-less real. Propaganda and ideological work in the new situation of characteristics and regularity of enough, deep enough for grass-roots public opinion Dynamics survey, for grass-roots typically driveless. For example, rural culture team active, ... I'm not actively take the initiative to take up, the lack of spirit of daring to, resulting in some job had a lot of power, but no tangible results. Third, innovation, lack of motivation. Emancipation did not end, innovation does not exist. In practical work, not your head, previous work experience, lack of innovation initiatives, study on the characteristics of propaganda and ideological work under the new situation through, grip on grassroots ideological trends and changes are not deep, to promote new initiatives and explore new methods of ideological and cultural work is not much, and some lack of relevance and timeliness. 4, discipline, lowering, and hard work are lacking. While working and enterprising spirit down. No real solution to treat yourself right, correctly treat past honors, their complacency, and work to see their scores more, less checking his own shortcomings, like to listen to the praise, satisfied face, online promotion, there artypical, and lack of high standards and strict requirements, the effect is real. Second hard drive less. On hard andstreamlining. Four are standard visits, except as required to participate in training, no other activity. Five is to improve news reporting, for propaganda work strictly according to the regulations. Six is strictly your presentation published strictly according to the regulations. Seven is strictly thrift, required the use of vehicles and office space and corporate hospitality. 3, change the style. Propaganda and ideological work of the new situation and new requirements of the new tasks, had done a lot of fruitful work, has made many achievements, but further closer to the grass roots, close to reality, close to the masses and also inadequate innovation must continue to improve. Second, the \nds\s 1, oppose formalism. One theory ihat he didn't, with less close contact. Theoretical study of consciousness is not high enough, system performance inot strong enough; more passive learning, active learning few generalities and learn more, delving into less. Especially based on rational thinking on major issues, applying theory to guide the work done is not good enough, not really understand and grasp the spirit and essence of the scientific Outlook on development, did not truly achieve mastery, to apply, to a certain extent, affect the development and implementation of ideas and initiatives. Second, work arrangements, and less supervision. Propaganda and ideological work is the objective, which needs to keep the continuity efforts deployed, but stressed in the work time, less supervision. For example, color weekends in the summer theatrical activities, city square performances, urging townships, communities and rural areas shows the implementation is inadequate, insufficient cultural an educational role to play. Third base enough, master grass-less real. Propaganda and ideological work in the new situation of characteristics and regularity of enough, deep enough for grass-roots public opinion Dynamics survey, for grass-roots typically drive less. For example, rural culture team active, ... I'm not actively take the initiative to take up, the lack of spirit of daring to, resulting in some job had a lot of power, but no tangible results. Third, innovation, lack of motivation. Emancipation did not end, innovation does not exist. In practical work, not your head, previous work experience, lack of innovation initiatives, study on the characteristics of propaganda and ideological work under the new situation through, grip on grassroots ideological trends and changes are not deep, to promote new initiatives and explore new methods of ideological and cultural work is not much, and some lack of relevance and timeliness. 4, discipline, lowering, and hard work are lacking. While working and enterprising spirit down. No real solution to treat yourself right, correctly treat past honors, their complacency, and work to see their scores more, less checking his own shortcomings, like to listen to the praise, satisfied face, online promotion, there are typical, and lack of high standards and strict requirements, the effect is real. Second hard drive less. On hard andthe principle of simplified EIA of construction projects in the region. In terms of land, linked to the implementation of urban and rural construction land increase and decrease, replacement indicators for priority areas project. Charges, into the projects of water, electricity, administrative charges and preferential policies. In the area of taxation, and settled in areas of industry and its production company, within 5 years after the completion of fiscal incentives to enterprises. In terms of financing, integration of land, tax, financial and other resources, and construct \nment credit + business credit\ credit system, establishment of marketization, commercialization and modernization of the investment and financing platform; effective Bank-enterprise docking, encourages private capital into the Park, to raise industry development fund. 5, optimize the environment and service industries. To create \owlands, Highlands, integrity of service land, development land\l, to optimizethe area under development environment. All administrative law enforcement departments to appoint a full-time personnel stationed in areas dedicated to coordinating and solving problems associated with businesses in this sector. When there are substantial issues, sector leaders arranged to personally intervene, in-person, in-person push tangible area building a green light, easy line. o further reduce and standardize administrative examination and approval items, simplify examination and approval links, improve efficiency; according to the ...Since the educational practice of the mass line of the party, himself seriously in the education, practical control central \nd opposing \nds\practicing %uns\nd check the spirit of Jiao Yulu, ideology, solicit opinions based on outstanding problems checked swing, careful analysis and reflection. Will now check report is as follows: first, adherence to the party's political discipline, eight in the central provision, change the style of the basic situation of 1, in compliance with the party's political disciplines. Conscientiously abide by the party's political discipline, abide by the Constitution and the rules and regulations of the party, in the political, ideological and maintain highly consistent with the CPC Central Committee on the action, there is no violation of the party's political discipline problems. 2, in the implementation of the central authorities of the eight provisions. Improving research, improving research methods, but there are less grass-roots units, primary first-hand an inadequate grasp of the problem, which is to be strengthened in the future. Second, construction, strictly in accordance with the provisions to streamline and improve the quality of meetings of the Conference. Third, streamlining file briefs, culture involves all aspects of propaganda and ideology, sometimes due to the practical needs of invention notifications, this area needs furtherplan environmental impact assessment before and after project approval,\nciple of simplified EIA of construction projects in the region. In terms of land, linked to the implementation of urban and rural construction land increase and decrease, replacement indicators for priority areas project. Charges, into the projects of water, electricity, administrative charges and preferential policies. In the area of taxation, and settled in areas of industry and its production company, within 5 years after the completion of fiscal incentives to enterprises. In terms of financing, integration of land, tax, financial and other resources, and construct \nt credit + business credit\stem, establishment of marketization, commercialization and modernization of the investment and financing platform; effective Bank-enterprise docking, encourages private capital into the Park, to raise industry development fund. 5, optimize the environment and service industries. To create \Highlands, integrity of service land, development land\oal, to optimize the area under development environment. All administrative law enforcement departments to appoint a full-time personnel stationed in areas dedicated to coordinating and solving problems associated with businesses in this sector. When there are substantial issues, sector leaders arranged to personally intervene, in-person, in-person push tangible area building a green light, easy line. To further reduce and standardize administrative examination and approval items, simplify examination and approval links, improvefficiency; according to the ...Since the educational practice of the mass line of the party, himself seriously in the education, practical control central \nd opposing \nds\practicing %uns\nd check the spirit of Jiao Yulu, ideology, solicit opinions based on outstanding problems checked swing, careful analysis and reflection. Will now check report is as follows: first, adherence to the party's political discipline, eight in the central provision, change the style of the basic situation of 1, in compliance with the party's political disciplines. Conscientiously abide by the party's political discipline, abide by the Constitution and the rules and regulations of the party, in the political, ideological and maintain highly consistent with the CPC Central Committee on the action, there is no violation of the party's political discipline problems. 2, in the implementation of the central authorities of the eight provisions. Improving research, improving research methods, but there are less grass-roots units, primary first-hand an inadequate grasp of the problem, which is to be strengthened in the future. Second, construction, strictly in accordance with the provisions to streamline and improve the quality of meetings of the Conference. Third, streamlining file briefs, culture involves all aspects of propaganda nd ideology, sometimes due to the practical needs of invention notifications, this area needs further什么？

6．周某是否构成徐某与顾某的共犯？为什么？ 三、（本题20分）

案情：张某与王某因口角发生扭打，张某将王某打成重伤。检察院以故意伤害罪向法院提起公诉，被害人王某同时向法院提起附带民事诉讼。 问题：

1．如果一审宣判后，张某对刑事部分不服提出上诉，王某对民事部分不服提出上诉，第二审法院在审理中发现本案的刑事部分和附带民事部分认定事实都没有错误，但适用法律有错误，应当如何处理？

2．如果一审宣判后，检察院对本案刑事部分提起了抗诉，本案的附带民事部分没有上诉。第二审法院在审理中发现本案民事部分有错误，二审法院对民事部分应如何处理？ 3．如果一审宣判后，本案的刑事部分既没有上诉也没有抗诉，王某对本案附带民事部分提起了上诉，在刑事部分已经发生法律效力的情况下，二审法院在审理中发现本案的刑事部分有错误，二审法院应如何处理？

4．如果一审宣判后，王某对附带民事部分判决上诉中增加了独立的诉讼请求，张某在二审中也对民事部分提出了反诉，二审法院应当如何处理？

5．如果在一审程序中，法院审查王某提起的附带民事诉讼请求后，认为不符合提起附带民事诉讼的条件，法院应当如何处理？

6．如果法院受理了附带民事诉讼，根据我国《刑事诉讼法》及司法解释相关规定，对一审过程中附带民事诉讼的调解，法院应当如何处理？ 四、（本题23分）

案情：A房地产公司（下称A公司）与B建筑公司（下称B公司）达成一项协议，由B公司为A公司承建一栋商品房。合同约定，标的总额6000万元，8个月交工，任何一方违约，按合同总标的额20%支付违约金。合同签订后，为筹集工程建设资金，A公司用其建设用地使用权作抵押向甲银行贷款3000万元，乙公司为此笔贷款承担保证责任，但对保证方式未作约定。

B公司未经A公司同意，将部分施工任务交给丙建筑公司施工，该公司由张、李、王三人合伙出资组成。施工中，工人刘某不慎掉落手中的砖头，将路过工地的行人陈某砸成重伤，花去医药费5000元。

A公司在施工开始后即进行商品房预售。丁某购买了1号楼101号房屋，预交了5万元房款，约定该笔款项作为定金。但不久，A公司又与汪某签订了一份合同，将上述房屋卖给了汪某，并在房屋竣工后将该房的产权证办理给了汪某。汪某不知该房已经卖给丁某的事实。 汪某入住后，全家人出现皮肤瘙痒、流泪、头晕目眩等不适。经检测，发现室内甲醛等化学指标严重超标。但购房合同中未对化学指标作明确约定。

因A公司不能偿还甲银行贷款，甲银行欲对A公司开发的商品房行使抵押权。 问题：

1．若B公司延期交付工程半个月，A公司以此提起仲裁，要求支付合同总标的额20%即1200万元违约金，你作为B公司的律师，拟提出何种请求以维护B公司的利益？依据是

treamlining. Four are standard visits, except as required to participate in training, no other activity. Five is to improve news reporting, for propaganda work strictly according to the regulations. Six is strictly your presentation published strictly according to the regulations. Seven is strictly thrift, required the use of vehicles and office space and corporate hospitality. 3, change the style. Propaganda and ideological work of the new situation and new requirements of the new tasks, had done a lot of fruitful work, has made many achievements, but further closer to the grass roots, close to reality, close to the masses and also inadequate innovation must continue to improve. Second, the \s 1, oppose formalism. One theory is that he didn't, with less close contact. Theoretical study of consciousness is not high enough, system performance is not strong enough; more passive learning, active learning few generalities and learn more, delving into less. Especially based on rational thinking on major issues, applying theory to guide the work done is not good enough, not really understand and grasp the spirit and essence of the scientific Outlook on development, did not truly achieve mastery, to apply, to a certain extent, affect the development and implementation of ideas and initiatives. Second, work arrangements, and less supervision. Propaganda and ideological work is the objective, which needs to keep the continuity efforts deployed, but stressed in the work time, less supervision. For example, color weekends in the summer theatrical activities, city square performances, urging townships, communities and rural areas shows the implementation is inadequate, insufficient cultural an educational role to play. Third base enough, master grass-less real. Propaganda and ideological work in the new situation of characteristics and regularity of enough, deep enough for grass-roots public opinion Dynamics survey, for grass-roots typically driveless. For example, rural culture team active, ... I'm not actively take the initiative to take up, the lack of spirit of daring to, resulting in some job had a lot of power, but no tangible results. Third, innovation, lack of motivation. Emancipation did not end, innovation does not exist. In practical work, not your head, previous work experience, lack of innovation initiatives, study on the characteristics of propaganda and ideological work under the new situation through, grip on grassroots ideological trends and changes are not deep, to promote new initiatives and explore new methods of ideological and cultural work is not much, and some lack of relevance and timeliness. 4, discipline, lowering, and hard work are lacking. While working and enterprising spirit down. No real solution to treat yourself right, correctly treat past honors, their complacency, and work to see their scores more, less checking his own shortcomings, like to listen to the praise, satisfied face, online promotion, there artypical, and lack of high standards and strict requirements, the effect is real. Second hard drive less. On hard andstreamlining. Four are standard visits, except as required to participate in training, no other activity. Five is to improve news reporting, for propaganda work strictly according to the regulations. Six is strictly your presentation published strictly according to the regulations. Seven is strictly thrift, required the use of vehicles and office space and corporate hospitality. 3, change the style. Propaganda and ideological work of the new situation and new requirements of the new tasks, had done a lot of fruitful work, has made many achievements, but further closer to the grass roots, close to reality, close to the masses and also inadequate innovation must continue to improve. Second, the \nds\e outstanding issues 1, oppose formalism. One theory is that he didn't, with less close contact. Theoretical study of consciousness is not high enough, system performance inot strong enough; more passive learning, active learning few generalities and learn more, delving into less. Especially based on rational thinking on major issues, applying theory to guide the work done is not good enough, not really understand and grasp the spirit and essence of the scientific Outlook on development, did not truly achieve mastery, to apply, to a certain extent, affect the development and implementation of ideas and initiatives. Second, work arrangements, and less supervision. Propaganda and ideological work is the objective, which needs to keep the continuity efforts deployed, but stressed in the work time, less supervision. For example, color weekends in the summer theatrical activities, city square performances, urging townships, communities and rural areas shows the implementation is inadequate, insufficient cultural an educational role to play. Third base enough, master grass-less real. Propaganda and ideological work in the new situation of characteristics and regularity of enough, deep enough for grass-roots public opinion Dynamics survey, for grass-roots typically drive less. For example, rural culture team active, ... I'm not actively take the initiative to take up, the lack of spirit of daring to, resulting in some job had a lot of power, but no tangible results. Third, innovation, lack of motivation. Emancipation did not end, innovation does not exist. In practical work, not your head, previous work experience, lack of innovation initiatives, study on the characteristics of propaganda and ideological work under the new situation through, grip on grassroots ideological trends and changes are not deep, to promote new initiatives and explore new methods of ideological and cultural work is not much, and some lack of relevance and timeliness. 4, discipline, lowering, and hard work are lacking. While working and enterprising spirit down. No real solution to treat yourself right, correctly treat past honors, their complacency, and work to see their scores more, less checking his own shortcomings, like to listen to the praise, satisfied face, online promotion, there are typical, and lack of high standards and strict requirements, the effect is real. Second hard drive less. On hard andthe principle of simplified EIA of construction projects in the region. In terms of land, linked to the implementation of urban and rural construction land increase and decrease, replacement indicators for priority areas project. Charges, into the projects of water, electricity, administrative charges and preferential policies. In the area of taxation, and settled in areas of industry and its production company, within 5 years after the completion of fiscal incentives to enterprises. In terms of financing, integration of land, tax, financial and other resources, and construct \nment credit + business credit\dit system, establishment of marketization, commercialization and modernization of the investment and financing platform; effective Bank-enterprise docking, encourages private capital into the Park, to raise industry development fund. 5, optimize the environment and service industries. To create \owlands, Highlands, integrity of service land, development land\l, to optimizethe area under development environment. All administrative law enforcement departments to appoint a full-time personnel stationed in areas dedicated to coordinating and solving problems associated with businesses in this sector. When there are substantial issues, sector leaders arranged to personally intervene, in-person, in-person push tangible area building a green light, easy line. To further reduce and standardize administrative examination and approval items, simplify examination and approval links, improve efficiency; according to he ... Since the educational practice of the mass line of the party, himself seriously in the education, practical control central \nd opposing \nds\practicing %uns\nd check the spirit of Jiao Yulu, ideology, solicit opinions based on outstanding problems checked swing, careful analysis and reflection. Will now check report is as follows: first, adherence to the party's political discipline, eight in the central provision, change the style of the basic situation of 1, in compliance with the party's political disciplines. Conscientiously abide by the party's political discipline, abide by the Constitution and the rules and regulations of the party, in the political, ideological and maintain highly consistent with the CPC Central Committee on the action, there is no violation of the party's political discipline problems. 2, in the implementation of the central authorities of the eight provisions. Improving research, improving research methods, but there are less grass-roots units, primary first-hand an inadequate grasp of the problem, which is to be strengthened in the future. Second, construction, strictly in accordance with the provisions to streamline and improve the quality of meetings of the Conference. Third, streamlining file briefs, culture involves all aspects of propaganda and ideology, sometimes due to the practical needs of invention notifications, this area needs furtherplan environmental impact assessment before and after project approval,\nciple of simplified EIA of construction projects in the region. In terms of land, linked to the implementation of urban and rural construction land increase and decrease, replacement indicators for priority areas project. Charges, into the projects of water, electricity, administrative charges and preferential policies. In the area of taxation, and settled in areas of industry and its production company, within 5 years after the completion of fiscal incentives to enterprises. In terms of financing, integration of land, tax, financial and other resources, and construct \nt credit + business credit\stem, establishment of marketization, commercialization and modernization of the investment and financing platform; effective Bank-enterprise docking, encourages private capital into the Park, to raise industry development fund. 5, optimize the environment and service industries. To create \Highlands, integrity of service land, development land\oal, to optimize the area under development environment. All administrative law enforcement departments to appoint a full-time personnel stationed in areas dedicated to coordinating and solving problems associated with businesses in this sector. When there are substantial issues, sector leaders arranged to personally intervene, in-person, in-person push tangible area building a green light, easy line. To further reduce and standardize administrative examination and approval items, simplify examination and approval links, improvefficiency; according to the ...Since the educational practice of the mass line of the party, himself seriously in the education, practical control central \nd opposing \nds\practicing %uns\nd check the spirit of Jiao Yulu, ideology, solicit opinions based on outstanding problems checked swing, careful analysis and reflection. Will now check report is as follows: first, adherence to the party's political discipline, eight in the central provision, change the style of the basic situation of 1, in compliance with the party's political disciplines. Conscientiously abide by the party's political discipline, abide by the Constitution and the rules and regulations of the party, in the political, ideological and maintain highly consistent with the CPC Central Committee on the action, there is no violation of the party's political discipline problems. 2, in the implementation of the central authorities of the eight provisions. Improving research, improving research methods, but there are less grass-roots units, primary first-hand an inadequate grasp of the problem, which is to be strengthened in the future. Second, construction, strictly in accordance with the provisions to streamline and improve the quality of meetings of the Conference. Third, streamlining file briefs, culture involves all aspects of propaganda and ideology, sometimes due to the practical needs of invention notifications, this area needs further什么？

2．对于陈某的损失，应由谁承担责任？如何承担责任？为什么？ 3．对于陈某的赔偿，应当适用何种归责原则？依据是什么？ 4．对于乙公司的保证责任，其性质应如何认定？理由是什么？

5．若甲银行行使抵押权，其权利标的是什么？甲银行如何实现自己的抵押权？ 6．丁某在得知房屋卖给汪某后，向法院提起诉讼，要求A公司履行合同交付房屋，其主张应否得到支持？为什么？

7．汪某现欲退还房屋，要回房款。你作为汪某的代理人，拟提出何种请求维护汪某的利益？依据是什么？

8．如果A公司不能向B公司支付工程款，B公司可对A公司提出什么请求？五、（本题22分）

案情：肖某是甲公司的一名职员，在2006年12月17日出差时不慎摔伤，住院治疗两个多月，花费医疗费若干。甲公司认为，肖某伤后留下残疾已不适合从事原岗位的工作，于2007年4月9日解除了与肖某的劳动合同。因与公司协商无果，肖某最终于2007年11月27日向甲公司所在地的某省A市B区法院起诉，要求甲公司继续履行劳动合同并安排其工作、支付其住院期间的医疗费、营养费、护理费、住院期间公司减发的工资、公司2006年三季度优秀员工奖奖金等共计3.6万元。

B区法院受理了此案。之后，肖某向与其同住一小区的B区法院法官赵某进行咨询。赵某对案件谈了几点意见，同时为肖某推荐律师李某作为其诉讼代理人，并向肖某提供了本案承办法官刘某的手机号码。肖某的律师李某联系了承办法官刘某。刘某在居住的小区花园，听取了李某对案件的法律观点，并表示其一定会依法审理此案。两天后，肖某来到法院找刘某说明案件的其他情况，刘某在法院的谈话室接待了肖某，并让书记员对他们的谈话内容进行了记录。

本案经审理，一审判决甲公司继续履行合同，支付相关费用；肖某以各项费用判决数额偏低为由提起上诉。二审开庭审理时，由于一名合议庭成员突发急病住院，法院安排法官周某临时代替其参加庭审。在二审审理中，肖某提出了先予执行的申请。2008年5月12日，二审法院对该案作出了终审判决，该判决由原合议庭成员署名。履行期届满后，甲公司未履行判决书中确定的义务。肖某向法院申请强制执行，而甲公司则向法院申请再审。 问题:

1．纠纷发生后，肖某与甲公司可以通过哪些方式解决他们之间的纠纷？ 2．诉讼中，肖某与甲公司分别应当对本案哪些事实承担举证责任？

3．二审中，肖某依法可以对哪些请求事项申请先予执行？对该申请应当由哪个法院审查作出先予执行的裁定？该裁定应当由哪个法院执行？

4．若执行中甲公司拒不履行法院判决，法院可以采取哪些与金钱相关的执行措施？对甲公司及其负责人可以采取哪些强制措施？

5．根据案情，甲公司可以根据何种理由申请再审？可以向何法院申请再审？甲公司申请再审时，已经开始的执行程序如何处理？

6．本案中，有关法官的哪些行为违反了法官职业道德？

treamlining. Four are standard visits, except as required to participate in training, no other activity. Five is to improve news reporting, for propaganda work strictly according to the regulations. Six is strictly your presentation published strictly according to the regulations. Seven is strictly thrift, required the use of vehicles and office space and corporate hospitality. 3, change the style. Propaganda and ideological work of the new situation and new requirements of the new tasks, had done a lot of fruitful work, has made many achievements, but further closer to the grass roots, close to reality, close to the masses and also inadequate innovation must continue to improve. Second, the \s 1, oppose formalism. One theory is that he didn't, with less close contact. Theoretical study of consciousness is not high nough, system performance is not strong enough; more passive learning, active learning few generalities and learn more, delving into less. Especially based on rational thinking on major issues, applying theory to guide the work done is not good enough, not really understand and grasp the spirit and essence of the scientific Outlook on development, did not truly achieve mastery, to apply, to a certain extent, affect the development and implementation of ideas and initiatives. Second, work arrangements, and less supervision. Propaganda and ideological work is the objective, which needs to keep the continuity efforts deployed, but stressed in the work time, less supervision. For example, color weekends in the summer theatrical activities, city square performances, urging townships, communities and rural areas shows the implementation is inadequate, insufficient cultural an educational role to play. Third base enough, master grass-less real. Propaganda and ideological work in the new situation of characteristics and regularity of enough, deep enough for grass-roots public opinion Dynamics survey, for grass-roots typically driveless. For example, rural culture team active, ... I'm not actively take the initiative to take up, the lack of spirit of daring to, resulting in some job had a lot of power, but no tangible results. Third, innovation, lack of motivation. Emancipation did not end, innovation does not exist. In practical work, not your head, previous work experience, lack of innovation initiatives, study on the characteristics of propaganda and ideological work under the new situation through, grip on grassroots ideological trends and changes are not deep, to promote new initiatives and explore new methods of ideological and cultural work is not much, and some lack of relevance and timeliness. 4, discipline, lowering, and hard work are lacking. While working and enterprising spirit down. No real solution to treat yourself right, correctly treat past honors, their complacency, and work to see their scores more, less checking his own shortcomings, like to listen to the praise, satisfied face, online promotion, there artypical, and lack of high standards and strict requirements, the effect is real. Second hard drive less. On hard andstreamlining. Four are standard visits, except as required to participate in training, no other activity. Five is to improve news reporting, for propaganda work strictly according to the regulations. Six is strictly your presentation published strictly according to the regulations. Seven is strictly thrift, required the use of vehicles and office space and corporate hospitality. 3, change the style. Propaganda and ideological work of the new situation and new requirements of the new tasks, had done a lot of fruitful work, has made many achievements, but further closer to the grass roots, close to reality, close to the masses and also inadequate innovation must continue to improve. Second, the \nds\s 1, oppose formalism. One theory is that he didn't, with less close contact. Theoretical study of consciousness is not high enough, system performance inot strong enough; more passive learning, active learning few generalities and learn more, delving into less. Especially based on rational thinking on major issues, applying theory to guide the work done is not good enough, not really understand and grasp the spirit and essence of the scientific Outlook on development, did not truly achieve mastery, to apply, to a certain extent, affect the development and implementation of ideas and initiatives. Second, work arrangements, and less supervision. Propaganda and ideological work is the objective, which needs to keep the continuity efforts deployed, but stressed in the work time, less supervision. For example, color weekends in the summer theatrical activities, city square performances, urging townships, communities and rural areas shows the implementation is inadequate, insufficient cultural an educational role to play. Third base enough, master grass-less real. Propaganda and ideological work in the new situation of characteristics and regularity of enough, deep enough for grass-roots public opinion Dynamics survey, for grass-roots typically drive less. For example, rural culture team active, ... I'm not actively take the initiative to take up, the lack of spirit of daring to, resulting in some job had a lot of power, but no tangible results. Third, innovation, lack of motivation. Emancipation did not end, innovation does not exist. In practical work, not your head, previous work experience, lack of innovation initiatives, study on the characteristics of propaganda and ideological work under the new situation through, grip on grassroots ideological trends and changes are not deep, to promote new initiatives and explore new methods of ideological and cultural work is not much, and some lack of relevance and timeliness. 4, discipline, lowering, and hard work are lacking. While working and enterprising spirit down. No real solution to treat yourself right, correctly treat past honors, their complacency, and work to see their scores more, less checking his own shortcomings, like to listen to the praise, satisfied face, online promotion, there are typical, and lack of high standards and strict requirements, the effect is real. Second hard drive less. On hard and