Induction of high school legal knowledge points

Middle and primary school comprehensive courseware teaching plan shop

watch out for

Review the knowledge points of legal common sense in life

Topic 2: Civil Rights and Duties

1. Elements of civil legal relationship

Civil legal relationship is the property relationship and personal relationship adjusted by civil law.

Three elements of civil legal relationship: subject, object and content. Civil subjects are citizens, legal persons and other organizations that independently enjoy civil rights and undertake civil obligations. The object of civil legal relationship is the object of civil rights and obligations. The content of civil legal relationship is the rights and obligations enjoyed by civil subjects.

2. Realizing civil rights and assuming civil responsibilities: c

The realization of civil rights: In addition to the legal basis, it largely depends on people's actual actions. It is the healthy and harmonious development of society to actively protect one's rights and interests by law and respect the rights and interests of others.

Illegal obligations must bear legal liability, and the ways of bearing civil liability include: stopping infringement, removing obstruction, eliminating danger, returning property, restoring original state, repairing, redoing, replacing, compensating losses, paying liquidated damages, eliminating influence, restoring reputation and apologizing. Can be used alone or in combination. What to use in combination with specific cases.

3. Provisions of Civil Law on Limitation of Action: A

The limitation of action is 2 years, unless otherwise stipulated by law. If a lawsuit is filed during the limitation period, the court will no longer support its claim for protection of rights.

4. Individual rights:

Right to life and health: b

The right to life and health is a person's most basic right. There is only one life, and health is an essential material condition for everyone to engage in all activities. Infringement of citizens' right to life and health: infringement of citizens' bodies causes injury and death.

(2) name right: b

The General Principles of the Civil Law stipulates that citizens have the right to name, have the right to decide, use and change their own names according to law, and prohibit others from interfering, stealing or forging them. In addition, citizens have the right to use pen names or other aliases.

(3) Portrait right: b

Citizens have the right to copy, use and eliminate the infringement of their portraits. The General Principles of the Civil Law stipulates that citizens have the right to portrait and may not use their portraits for profit without their consent. For the purpose of making profits, citizens' portraits are used in advertisements, trademarks, window decorations, etc. Without the consent of citizens, it is regarded as an act of infringing on citizens' portrait rights.

(4) right of reputation: b

The General Principles of the Civil Law stipulates that citizens and legal persons enjoy the right of reputation, and the personal dignity of citizens is protected by law. It is forbidden to damage the reputation of citizens and legal persons by insulting or slandering. (Both citizens and legal persons enjoy the right of reputation)

(5) right to privacy: b

Privacy: information that people don't want to know in private life. China's constitution stipulates freedom of communication and inviolability of residence, which embodies the protection of citizens' privacy.

5, property rights:

(1) ownership: c

Ownership is the right of the obligee to control his own property according to his own wishes, to possess, use, benefit and dispose of it, and to enjoy the benefits. It is divided into three categories: state ownership (owned by the whole people), collective ownership and private ownership.

Acquisition of ownership: For movable property, ownership is generally acquired through delivery. That is, the owner directly gives the property to the other party for possession according to the intention of transferring the ownership of his property, and the other party obtains the ownership of the property. For real estate, you must go to the relevant departments for property registration before you can obtain ownership. Although motor vehicles, airplanes and ships are chattels, their real rights are acquired and changed because of their huge value. Property registration is usually required; Without registration, it shall not confront a bona fide third party.

In life, more than two people may own the same property, resulting in property ownership. Property * * * is divided into two forms: divided * * and * * * with * * *.

(2) usufructuary right: b

Usufructuary right is a kind of property right whose purpose is the income from the use of property. In China, usufructuary rights mainly include: land contractual management right, construction land use right, homestead use right, easement right and so on. See page 26 for details.

(3) security interest: a

Property rights arising from the realization of secured creditor's rights. Including mortgage, pledge, lien, etc.

6. Intellectual property rights:

(1) Copyright: C.

A\ Content: Copyright is divided into personal rights and property rights of works. The former includes the right of publication, the right of signature, the right of modification and the right of protecting the integrity of the work. The latter includes the rights of reproduction, distribution, adaptation, translation, assembly, performance, performance, lease, exhibition, information network communication, film production, broadcasting and projection.

The copyright owner may exercise the above rights on his own, or authorize others to exercise and get remuneration. The copyright owner may also transfer the property right of the work to others.

B\ Protection: Except for the right of signature, the right of modification and the right to protect the integrity of the work, all the other rights of copyright have a protection period.

The general protection period is 50 years after the author's death, 50 years after the publication of legal person works, and 50 years after the publication of film works and photographic works.

(2) patent right: c

In the patent system, inventors make their inventions public in exchange for strong legal protection from the state in a limited time; Even if others make the same invention independently, it may not be implemented. (Different from trade secret p30)

A. Category: invention patent, utility model patent and design patent.

B term of protection: 20 years for invention patents and 10 years for utility model and design patents.

(3) Trademark rights:

A, China's Trademark Law stipulates that words, graphics, letters, numbers, three-dimensional signs, color combinations and combinations of these elements can be used for registered trademarks. The application for trademark registration must be significant and can distinguish the goods and services using the trademark from those of others. Some can't be used as trademarks, such as country names, national flags, national emblems, names of administrative divisions at or above the county level, and common names of products.

Trademark registrants enjoy the exclusive right to use trademarks. Without permission, others may not use the same or similar trademarks on the same or similar goods, nor may they sell goods with counterfeit registered trademarks. Well-known trademarks can be more widely protected by law.

C. Validity of a registered trademark: 10 year. You can apply for renewal, and the number of renewals is unlimited.

Topic 3: Compliance and Breach of Contract

1, meaning of contract: b

A contract is an agreement between natural persons, legal persons and other organizations with equal subjects to establish, change and terminate the relationship of civil rights and obligations. In a contractual relationship, those who enjoy contractual rights are called creditors and those who have contractual obligations are called debtors.

2. Form of contract: written form, oral form and other forms.

Written form is applicable to: contracts with complex rights and obligations, large amount of subject matter, long performance period or important contracts.

Oral form is suitable for civil legal relations with relatively small subject matter and relatively simple rights and obligations.

3. The importance of signing a written contract

(1) A written contract usually has clear rights and responsibilities and is well documented, which helps to avoid and reduce disputes. (2) help to urge the parties to fulfill their obligations. (3) It can be used as strong evidence for arbitration, mediation and handling of contract disputes by arbitration institutions and judicial organs.

4. The process of concluding a contract: b

The first stage: offer (making conditions), the second stage: acceptance (accepting conditions)

Offer: A: An offer is an expression of intention to conclude a contract with others. The offer is legally binding Once the offeror makes a valid offer, it shall not be revoked or changed at will.

Acceptance: a, acceptance is the intention of the offeree to agree to the offer. B the offeree shall make it to the offeror immediately within the time limit specified in the offer, and the contents must be consistent with the contents of the offer. Once a promise is made, it has legal effect.

5. contract content: a

The content of a contract is the terms of the contract, which is a specific agreement reached by the parties to the contract through consultation, and the rights and obligations of the contract are embodied through the terms of the contract.

6. Valid contracts and invalid contracts: b

An effective contract requires the actor who enters into the contract to have corresponding capacity for civil conduct, and his external expression is consistent with his internal meaning, and he shall abide by laws, administrative regulations and social ethics, and shall not disturb the social and economic order or harm the public interests.

An invalid contract refers to a contract established by the parties through consultation, but it does not conform to the law. An invalid contract is not legally binding from the time it is concluded. In any of the following circumstances, the contract is invalid: one party concluded the contract by fraud or coercion, which harmed the interests of the state; Malicious collusion, harming the interests of the state, the collective or the third party, and covering up illegal purposes in a legal form; Harm the public interest; Violation of mandatory provisions of laws and administrative regulations.

7. the core of fulfilling the contract: a.

Fulfilling contractual obligations is the core of fulfilling contracts. The performance of the contract is the behavior of both parties, and the performance of contractual obligations plays a leading role in it.

8. The principle of contract performance

(1) Principle of good faith: A. When concluding, performing, modifying or dissolving a contract, the parties to the contract shall abide by their credit, match their words with their deeds, and shall not abuse their rights or evade their obligations. B. if this principle is violated at the time of conclusion, the contract is invalid. Those who violate the performance and cause losses to the other party shall bear corresponding legal responsibilities.

(2) The principle of full performance: the parties to a contract are required to correctly perform their contractual obligations according to the requirements of the contract, so as to ensure that the contractual obligations are fully performed.

(3) Cooperative performance principle: it is required to actively cooperate with the other party and fulfill the obligations of notification, assistance and confidentiality according to the nature, purpose and trading habits of the contract.

9. Default value and its type: a

Breach of contract means that one party fails to perform its contractual obligations, or the performance of contractual obligations does not conform to the agreement, which constitutes a breach of contract.

Breach of contract can be divided into expected breach and actual breach. Actual breach of contract includes: inability to perform, delay in performance, incomplete performance and refusal to perform.

10. exemption from breach of contract: b there are two cases: legal and agreed.

Force majeure is the most common legal exemption.

B. The agreed exemption is the exemption reached by both parties through consultation when concluding the contract. As long as this agreement conforms to the law, the breach of contract can be exempted at that time.

1 1. Liability for breach of contract: C.

Continue to perform, compensate for losses, take remedial measures, pay liquidated damages, etc. (See P52-53 for details)

Theme 5: Family and Marriage:

1. Rights and obligations between parents and children

Parents' obligation to their children: (Children's rights) The obligation to bring up and educate. Provide material conditions for children's life and study, and give them proper care in life; Give children some guidance and help from ideological, cultural and scientific knowledge.

Obligation to protect and educate minor children. That is to protect the personal safety, health and property rights and interests of minor children, restrain and guide their behavior, and criticize and punish their mistakes. When minor children cause damage to the state, the collective or others, parents have the obligation to bear civil liability. (It is also the right of parents, which mainly refers to restraining, guiding, criticizing and disciplining children)

Children's Obligations to Parents: (Parents' Rights)

Obligation of support and assistance: it is an unshirkable obligation for children to provide material and economic help to their parents. Give parents care and care in spirit and life.

Parents and children have the right to inherit from each other, and they are the legal heirs in the first order.

Note: Parents and legally adopted children are subject to the relevant provisions of the above marriage law. The biological parents of children born out of wedlock should bear the children's living expenses and education expenses even if they don't directly raise them until they can live independently.

2. The law provides penalties for acts that violate the rights of family members and undermine family harmony: b

The main behaviors that violate family members and destroy family harmony-abandonment, domestic violence, abuse, etc.

The Marriage Law stipulates that the victim has the right to make a request for domestic violence or ill-treatment of family members, and the residents' committee and villagers' committee and their units shall dissuade and mediate. The public security organ shall impose administrative punishment in accordance with the provisions of the Public Security Administration Punishment Law. If a family member is abandoned and the victim makes a request, the people's court shall order the payment of alimony, alimony and alimony. If the case constitutes a crime, legal responsibility shall be investigated according to law.

3. Basic principles stipulated in the Marriage Law: B

Freedom of marriage, monogamy, equality between men and women, protection of the legitimate rights and interests of women, children and the elderly, family planning.

4. Specific conditions for marriage: b

Condition: 1. Both men and women must be completely voluntary. Whether to get married or not and who to marry are entirely up to the parties themselves. Two, both men and women must reach the legal age (22 years old for men and 20 years old for women). Third, it must be monogamous. Four, both men and women are not lineal blood relatives or collateral blood relatives within three generations. No one suffers from diseases that are medically considered unsuitable for marriage.

5. The procedure and significance of marriage registration

Procedure: Marriage registration is divided into three steps: application, review and confirmation. When applying, both parties must apply for marriage registration in person at the marriage registration office where one party's account is located.

Significance: Marriage registration is a necessary legal procedure to confirm the legal and effective relationship between husband and wife and to consolidate and confirm the rights and obligations of both husband and wife. A marriage that fails to perform the formalities of marriage registration is not protected by law.

5. the core of the relationship between husband and wife: a.

The core is: husband and wife have equal status in the family. Around this core, the relationship between husband and wife can be divided into personal relationship and property relationship.

6. Personal relationship between husband and wife and its main manifestations: b

(1) Both husband and wife have the right to use their own names. The right to name is a sign of independent personality and not being attached to each other.

(2) Both husband and wife have the freedom to participate in production, work, study and social activities. Husband and wife's personal rights are the direct embodiment of citizens' personal rights in the marriage law, and also an important symbol of the equality of husband and wife's family status.

Continue reading