Question Bank Network and Contract Supervision of National Market Supervision and Management Legal Knowledge Competition (Test Questions and Answers)

Question Bank Network and Contract Supervision of National Market Supervision and Management Legal Knowledge Competition (Test Questions and Answers)

I. Right and wrong issues

1. format clause is a clause drawn up by the parties in advance for reuse, and the two parties did not negotiate with each other when concluding the contract. (? )

2. A contract concluded by fraud or coercion is, of course, invalid from the beginning. (? )

3. The format contract is the model text of the contract. (? )

4, the national and provincial contract model text, the parties to the contract must be used when signing the contract. (? )

5. If the contents of commercial advertisements, notices, statements and shop notices conform to the provisions of the offer, they shall be regarded as standard terms. (? )

6. It is not contract fraud to maliciously set terms that cannot be performed in fact, resulting in the other party's inability to perform the contract. (? )

7. The maximum penalty for breach of contract is 30,000 yuan. (? )

8. If the party providing the standard terms exempts the other party from liability, aggravates the other party's liability or excludes the other party's main rights, the terms are invalid. (? )

9. If the illegal acts of the parties to the contract are minor and corrected in time, and no harmful consequences are caused, no administrative punishment shall be imposed according to law. (? )

10. If the format clause is inconsistent with the non-format clause, the non-format clause shall be adopted. (? )

Second, multiple choice questions

1. Hotel declared by store notice:? Our restaurant is not responsible for personal injuries and other accidents of customers who eat in our restaurant? . Which of the following types of illegal acts does this belong to: (a)

A, operators use standard terms to exempt themselves from liability.

B. Operators use standard clauses to increase consumers' responsibilities.

C. Operators use standard clauses to exclude consumers' rights.

2. According to the provisions of the Administrative Punishment Law and the Measures for the Supervision and Handling of Contract Violations, a warning shall be given and a fine of less than three times the illegal income shall be imposed, but the maximum amount shall not exceed 10,000 yuan. ? (3)

A, ten thousand yuan b, twenty thousand yuan c, thirty thousand yuan d, forty thousand yuan

3. If the parties to a contract breach voluntarily eliminate or mitigate the harmful consequences, they shall be given administrative punishment according to law (B).

A, no B, lighter or lighter C, heavier D, lighter

4. The Measures for the Supervision and Handling of Contract Violations does not include: (d)

A, operators use standard terms to exempt themselves from liability.

B. Operators use standard clauses to increase consumers' responsibilities.

C. Operators use standard clauses to exclude consumers' rights.

D. Operators use standard clauses to implement unfair competition.

5. A travel agency uses the model text of the travel contract, and at the same time makes supplementary provisions, stipulating that the elderly over 60 should pay more for the tour group. 300 yuan? . Which of the following types of illegal acts does this belong to: (b)

A, operators use standard terms to exempt themselves from liability.

B. Operators use standard clauses to increase consumers' responsibilities.

C. Operators use standard clauses to exclude consumers' rights.

6. When concluding and performing a contract, the parties shall abide by (c) and respect social morality, and shall not disturb the social and economic order or harm the interests of the state and society.

A, law b, laws and regulations

C, laws and administrative regulations D, laws, regulations and rules

7、? The company reserves the right to interpret. ? Which of the following types of illegal acts does this belong to: (c)

A, operators use standard terms to exempt themselves from liability.

B. Operators use standard clauses to increase consumers' responsibilities.

C. Operators use standard clauses to exclude consumers' rights.

8. The three basic characteristics of the contract format clause do not include: (b)

A. the format terms shall be drawn up by one party in advance.

B, format terms are generally unfavorable to consumers.

C, format terms are terms that the parties do not negotiate with each other when concluding a contract.

The format clause is made for reuse.

9. A travel agency used the model text of the travel contract, and at the same time formulated a supplementary clause, stipulating that the elderly over 60 should pay more for the tour group. 300 yuan? . Which of the following types of illegal acts does this belong to: (b)

A, operators use standard terms to exempt themselves from liability.

B. Operators use standard clauses to increase consumers' responsibilities.

C. Operators use standard clauses to exclude consumers' rights.

10、? The company reserves the right to interpret. ? Which of the following types of illegal acts does this belong to: (c)

A, operators use standard terms to exempt themselves from liability.

B. Operators use standard clauses to increase consumers' responsibilities.

C. Operators use standard clauses to exclude consumers' rights.

1 1. Li sells cosmetics through live webcast. Which home appliance operator does Li belong to? (4)

A. e-commerce platform operators; B. Operators in the platform;

C. self-built website operators; D. Operators who sell goods through other network services.

12. If an e-commerce operator voluntarily terminates engaging in e-commerce, how many days in advance should he continue to publicize relevant information in a prominent position on the home page? (4)

A. 15 days; B. 10 days; C.60 days; D.30 days

13. The following expression conforms to the provisions of the Electronic Commerce Law on tying goods or services by e-commerce operators: (c)

A. tying is prohibited; B. tying is allowed without restriction;

C tying must provide consumers' consent, and shall not be used as an option of default consent;

D the price of tying goods or services should be favorable.

14. If the purpose of the contract is to deliver the goods by express logistics, unless otherwise agreed, which of the following time is the delivery time: (b)

A. the seller's mailing time; B. the time when the consignee receives the goods;

C. the courier informs the pickup time; When the contract was established.

15, Li bought an air conditioner from an e-commerce platform. After using it, he felt that the quality was average and gave a bad review. Merchants believe that the evaluation is not objective. Can e-commerce platform operators delete this evaluation? (2)

A. it can be deleted; B. it shall not be deleted;

C. decide whether it can be deleted according to the content; D. it can be deleted appropriately.

16. Regarding whether express logistics service providers should prompt for inspection when delivering goods, the following statements are correct: (a)

A. prompt the consignee to inspect the goods face to face; B. decide whether to prompt the consignee for inspection;

C. there is no need to prompt the consignee to inspect the goods; Some goods need to be inspected in time, while others don't.

17. can express logistics service providers accept the entrustment of e-commerce operators to payment collection while providing express logistics services? (3)

A. no collection; B. restrict collection; C. it can be collected; D. it must be collected.

18. Regarding the account reconciliation service and transaction records provided by electronic payment service providers to users, the following statements are correct: (d)

A. Provide free reconciliation service and transaction records of recent 1 year;

B. Provide reconciliation services and transaction records of recent 1 year for a fee;

C. provide reconciliation services and transaction records in the last three years for a fee;

D. provide free reconciliation service and transaction records in the last three years.

19.A company built its own website to engage in online sales, but it did not specify the methods and procedures for inquiring, correcting, deleting user information and canceling user accounts, and imposed various unreasonable conditions when users requested cancellation. In addition to ordering Company A to make corrections within a time limit, the market supervision and management department may impose a maximum fine on it: (c)

A. 65438+ ten thousand yuan; B.500,000 yuan; C. 1 ten thousand yuan; D.200 million yuan.

20. If the market supervision department needs to take measures to stop illegal websites from continuing to engage in illegal activities when investigating and dealing with illegal acts in online commodity trading and related service activities, it shall ask which of the following departments shall be ordered to temporarily block or stop illegal websites from accessing services according to law: (1)

A. The communication management department where the website is licensed or filed; B. Public security department;

C. inspection department; D. competent department of commerce.

Third, multiple choice questions

1. No unit or individual may provide information for others to carry out contract breach when they know or should know. (ABCDE)

A, certificate b, license c, seal d, account e and other convenient conditions.

2. According to the Measures for the Supervision and Handling of Illegal Acts in Contracts, the standard clauses shall not contain any content that exempts the provider from the following responsibilities: (ABCD)

First, the responsibility for causing personal injury to consumers

B, intentional or gross negligence caused significant property losses to consumers.

C, to provide goods or services in accordance with the law to bear the responsibility of guarantee.

D. Liability for breach of contract due to breach of contract.

3. According to the Measures for the Supervision and Handling of Contract Violations, which of the following behaviors specifically belongs to? Use the contract to commit the following acts that endanger the public interests of the state and society? :(ABCD)

A concluding and performing a contract by means of bribery or coercion, which harms the interests of the state and society.

B. Malicious collusion in concluding and performing contracts harms the public interests of the state and society.

C, illegal sale of property prohibited or restricted by the state

D. failure to perform the compulsory contractual obligations of the state without justifiable reasons.

4. According to the Measures for the Supervision and Handling of Contract Violations, operators and consumers conclude contracts with format clauses, and operators shall not exclude the following rights of consumers from the format clauses: (ABCDEF)

A, the right to change or terminate the contract according to law B, the right to demand payment of liquidated damages.

C.d. the right to interpret standard clauses

E, the right to file a lawsuit against disputes over standard terms f, other rights that consumers should enjoy according to law.

5. According to the Measures for the Supervision and Handling of Contract Violations, operators and consumers conclude contracts with standard clauses, and operators are not allowed to increase consumers' responsibilities in the standard clauses: (ABC)

1. The liquidated damages or damages exceed the legal amount or reasonable amount.

B. commercial risk responsibilities of standard terms providers

C, he should not be borne by consumers according to the law.

D. Liability for causing personal injury to consumers

6. The "Measures for the Supervision and Handling of Contract Violations" refers to the violation of laws, regulations and these Measures by using contracts for the purpose of seeking illegal benefits. (ABC)

A. Natural person B, legal person C and other organizations

7. Invalid format clauses include: (ABCD)

A, format clauses that harm public interests * * * B, clauses that cause personal injury to the other party and exempt from liability.

C. Standard clauses excluding the other party's main rights D. Standard clauses aggravating the other party's responsibilities

8. The main ways of contract fraud include: (ABCDE)

A, false quality fraud B, false commodity identification fraud

C, false contract subject fraud D, false propaganda fraud

E. False price fraud

9. According to the contract law, the following (ABC) is the subject of concluding a contract.

A. Natural person B, legal person C and other organizations

10. Among the following contracts, the revocable situation is (ABC).

A. made due to major misunderstanding.

C, because one party is defrauded, D is concluded, which harms the national interests.

1 1. The following acts are not applicable to e-commerce law: (AC)

A. Internet finance business; B. Third-party payment services in online shopping;

C. content management of network video; Online bookstores sell paper books.

12. According to the provisions of the Electronic Commerce Law, which of the following entities belong to e-commerce operators? (ABD)

A. Li who opened an online shop on a large e-commerce platform to sell hardware products of department stores;

B enterprises that provide take-away platform services to catering operators and consumers through the Internet;

C. Li, who posted information online to sell his house;

D. He Mou, an individual industrial and commercial household who sells goods through WeChat.

13. Which of the following operators are regulated by the Electronic Commerce Law? (ABCD)

A, Taobao operator B, merchants in Taobao;

C. Suning Appliance sells goods on its own website; D. Pony sells goods through WeChat.

14. A market regulator requires e-commerce operators within its jurisdiction to disclose subject information. According to the "Electronic Commerce Law", regarding the contents of publicity, the following statements are correct: (ABCD)

A. If it is necessary to register as a market entity, publicize its business license information;

B, need to obtain an administrative license, publicity of administrative license information related to its business;

C, according to the provisions of the "Electronic Commerce Law", there is no need to register market entities, and publicize the relevant information that does not need to be registered;

D. If the above information reflects its content by linking to other pages, its link identification shall be publicized.

15. Company A engages in online sales, and the following acts belong to false propaganda and unfair competition that deceive and mislead consumers: (ABD)

First, make a false description of the performance of the goods; B, fictitious transactions, fabricated sales;

C. When selling goods or providing services, I hope consumers will give me favorable comments;

D. hire people who have no actual transactions to praise their goods or services.

16, an e-commerce operator provides hotel services for booking air tickets, and at the same time tying airport shuttle service and hotel coupon charging service. The following acts violate the tying clause of the Electronic Commerce Law: (AB)

A. The contents of airport shuttle service and hotel coupon charging service are reflected in small fonts in easily overlooked positions;

B airport shuttle service and hotel coupon charging service are set as default consent without being checked by the user;

C there is no separate agreement between airport shuttle bus service and hotel coupon service;

Airport shuttle bus service and hotel coupon service are not publicized.

17. When Chen Mou applies to settle in an e-commerce platform to sell goods, the information verification obligations that the platform operator should undertake include: (ABD)

1. Require the applicant to submit true information such as his identity, address, contact information and administrative license;

B, check and register the information submitted by the applicant, and establish a registration file;

C, handed over to the competent department for verification;

D regularly check and update the information required by the applicant.

18. According to the provisions of the Electronic Commerce Law, the obligations that an operator of an electronic commerce platform should undertake in submitting operator information and registering market participants in the platform include: (BCD)

A. submit the identity information of the operators in the platform to the public security department;

B. Submit the identity information of the operators in the platform to the market supervision department as required;

C. Prompt operators who are not registered as market entities to register according to law;

D, cooperate with the market supervision department, and provide convenience for operators who should be registered as market entities according to the characteristics of e-commerce.

19, Zhou Xiao opened an online shop on a platform to sell food. The platform operator found that the food sold in the online store had exceeded the shelf life. The obligations of platform operators include: (AB)

A, take necessary disposal measures; B, report to the competent department;

C, confiscate the food sold; D. seal up the bank account of the operator.

20. Li opened an online shop to sell clothes on an e-commerce platform, but he has never applied for a business license. According to the provisions of the Measures for Investigating and Handling Unlicensed Business, what measures can the market supervision department take? (ABC)

1. Ordering to stop the illegal act; B, confiscate the illegal income;

C, impose a fine of 6,543,800 yuan; D. confiscation of tools.