法律基础

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

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

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 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