21 世纪高职高专精品教材·财经类专业平台课
经济法概论
学习指导
韩雪琴 编著
东北财经大学出版社
前 言
《经济法概论学习指导》是普通高等教育“十一五”国家级规划教材《经济法概论》 的配套用书。
本书由四部分组成。第一部分是“知识结构图”，本部分以图示的方式将教材中各章节 的主要内容展示出来，以便使读者能够对各章的法学知识理论形成完整的认知；第二部分是
“相关问题解答”，这部分主要对教材中所涉及的各项问题进行解答，与教材内容紧密联系，
对《经济法概论》教材起到了很好的辅助作用；第三部分是“课堂实训参考答案”，是对教
材附录中设计的实训内容给出的标准答案；第四部分是“应知应会的知识”，是对各章节知
识点进行的归纳总结。
为便于学习，本书以附录的形式，对“应知应会的知识”也给出了参考答案，并且编写 了题库，供学习者使用、参考。
本书既可以作为《经济法概论》教材的辅助材料，又可以作为法律培训和自学的参考 书籍。
在编写过程中，编者参考了大量其他同仁的书籍，受益匪浅，编者将其详细列举在参考 文献中，以示对各位同仁的感谢。
由于编者水平有限、时间仓促，本书恐有疏漏和不足之处，恳请读者批评指正。
编者
2010 年 5 月于大连
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目 录
第 1 章 法律概述 ······················································································································1 一、知识结构图 ······················································································································1 二、相关问题解答 ··················································································································1 三、课堂实训参考答案 ··········································································································1 四、应知应会的知识 ··············································································································2 第 2 章 经济法的概念和调整对象 ···························································································3 一、知识结构图 ······················································································································3 二、相关问题解答 ··················································································································3 三、课堂实训参考答案 ··········································································································3 四、应知应会的知识 ··············································································································4 第 3 章 经济法律关系 ··············································································································5 一、知识结构图 ······················································································································5 二、相关问题解答 ··················································································································5 三、课堂实训参考答案 ··········································································································5 四、应知应会的知识 ··············································································································5 第 4 章 经济法律制度 ··············································································································7 一、知识结构图 ······················································································································7 二、相关问题解答 ··················································································································7 三、课堂实训参考答案 ··········································································································8 四、应知应会的知识 ··············································································································9 第 5 章 个人独资企业法 ········································································································10 一、知识结构图 ····················································································································10 二、相关问题解答 ················································································································10 三、课堂实训参考答案 ········································································································11 四、应知应会的知识 ············································································································12 第 6 章 合伙企业法 ················································································································14 一、知识结构图 ····················································································································14 二、相关问题解答 ················································································································15 三、课堂实训参考答案 ········································································································15 四、应知应会的知识 ············································································································16 第 7 章 公司法 ························································································································18
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一、知识结构图 ····················································································································18 二、相关问题解答 ················································································································18
三、课堂实训参考答案 ········································································································20 四、应知应会的知识 ············································································································21 第 8 章 外商投资企业法 ········································································································22 一、知识结构图 ····················································································································22 二、相关问题解答 ················································································································22 三、课堂实训参考答案 ········································································································24 四、应知应会的知识 ············································································································24 第 9 章 企业破产法 ················································································································26 一、知识结构图 ····················································································································26 二、相关问题解答 ················································································································26 三、课堂实训参考答案 ········································································································27 四、应知应会的知识 ············································································································28 第 10 章 合同法 ······················································································································30 一、知识结构图 ····················································································································30 二、相关问题解答 ················································································································31 三、课堂实训参考答案 ········································································································33 四、应知应会的知识 ············································································································33 第 11 章 反不正当竞争法·······································································································36 一、知识结构图 ····················································································································36 二、相关问题解答 ················································································································36 三、课堂实训参考答案 ········································································································37 四、应知应会的知识 ············································································································38 第 12 章 消费者权益保护法···································································································39 一、知识结构图 ····················································································································39 二、相关问题解答 ················································································································39 三、课堂实训参考答案 ········································································································40 四、应知应会的知识 ············································································································40 第 13 章 商标法 ······················································································································42 一、知识结构图 ····················································································································42 二、相关问题解答 ················································································································42 三、课堂实训参考答案 ········································································································43 四、应知应会的知识 ············································································································44 第 14 章 专利法 ······················································································································46
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一、知识结构图 ····················································································································46 二、相关问题解答 ················································································································46 三、课堂实训参考答案 ········································································································47
四、应知应会的知识 ············································································································48 第 15 章 劳动法 ······················································································································50 一、知识结构图 ····················································································································50 二、相关问题解答 ················································································································50 三、课堂实训参考答案 ········································································································53 四、应知应会的知识 ············································································································53 第 16 章 经济仲裁法 ··············································································································55 一、知识结构图 ····················································································································55 二、相关问题解答 ················································································································55 三、课堂实训参考答案 ········································································································56 四、应知应会的知识 ············································································································57 第 17 章 经济司法 ··················································································································59 一、知识结构图 ····················································································································59 二、相关问题解答 ················································································································59 三、课堂实训参考答案 ········································································································60 四、应知应会的知识 ············································································································60 主要参考文献 ····························································································································62 附录 1 应知应会的知识参考答案 ······························································································ 附录 2 题库 ································································································································· 附录 3 题库参考答案 ·················································································································
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第 1 章 法律概述
一、知识结构图 二、相关问题解答
对引入案例的分析解答
答：法律是由一定的物质生活条件所决定的，由国家制定或认可的，并以国家强制力保 证实施的具有普遍约束力和严格程序的行为规范的总称。
能依照中国法律审理 A 外商及 C 公司的行为。这涉及法律对人的效力的问题。我国法 律发生效力的原则是：以属地主义为主，与属人主义、保护主义相结合。因此，外国人在中
国领域内实施的行为，除法律另有规定外，适用中国法律。中国法律既保护他们在中国的法
定权利与合法利益，又依法处理他们的违法问题。本案 A 外商是在中国创办合作企业，
并
且 C 公司与 B 公司的合同履行地在中国，因此，应当受中国法律的约束。
三、课堂实训参考答案
（一）判断题 1．√ 2．√ 3．× （二）选择题
1．Ａ 2．Ａ 3．Ｄ
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四、应知应会的知识
（一）名词解释
1. 法律 2. 法律渊源 3. 法律体系
（二）实用法律问题
1. 简述法律的本质和特征。 2. 简述我国法律的表现形式。 3. 简述我国现有法律体系。 4. 简述我国对法律效力的规定。
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第 2 章 经济法的概念和调整对象
一、知识结构图 二、相关问题解答
对引入案例的分析解答
我国经济法是一个独立的法律部门，它有明确的、独立的调整对象。其中既包括市场主体之间的竞争关系，也包括国家对国民经济实行宏观调控过程中发生的经济关系。随着社会主义市场经济体制的确立，国家对经济的管理主要是制定执行宏观调控政策，搞好基础设施建设，创造良好的经济发展环境和对经济活动提供监督和服务上，而不再直接干预企业、个人的生产经营活动。