问题 单项选择题

某省人大常委会公布实施了《某省安全生产条例》,随后省政府公布实施了《某省生产经营单位安全生产主体责任规定》。下列关于两者法律地位和效力的说法,正确的是()。

A.《某省安全生产条例》属于行政法规

B.《某省生产经营单位安全生产主体责任规定》属于地方性法规

C.《某省安全生产条例》和《某省生产经营单位安全生产主体责任规定》具有同等法律效力

D.《某省生产经营单位安全生产主体责任规定》可以对《某省安全生产条例》没有规定的内容作出规定

答案

参考答案:D

解析:

安全生产法规分为行政法规和地方性法规,《某省安全生产条例》属于地方性法规。行政规章分为部门规章和地方政府规章两种,《某省生产经营单位安全生产主体责任规定》属于地方政府规章,故选项A、B项均错误。安全生产行政法规的法律地位和法律效力低于有关安全生产的法律,高于地方性安全生产法规、地方政府安全生产规章等下位法。

地方性安全生产法规的法律地位和法律效力低于有关安全生产的法律、行政法规,高于地方政府安全生产规章,故选项C项错误。地方政府安全生产规章是最低层级的安全生产立法,其法律地位和法律效力低于其他上位法,不得与上位法相抵触。

单项选择题 A1型题
填空题

In America there are no nobles or men of letters, and the common folk mistrust the wealthy. Consequently, (1) form the highest political class, and the most cultivated circle of society. They have therefore (2) by innovation, which adds a conservative interest to their natural taste for (3) . If I were asked where I place the American aristocracy, I should reply (4) that it is not composed of the rich, who are united together by (5) , but that it occupies the judicial bench and the bar.
When I started researching this topic, I found an interesting (6) Legal Reform Now. As the name suggests, this web site is devoted to (7) , and it is definitely concerned about the dominance of lawyers in (8) . There I read an article by a (9) from the University of Wisconsin. One observation the UW article (10) is that the legal profession is the dominant profession of the people (11) to public office. For example, about half our representatives and (12) of our senators are lawyers. No other profession (13) having the same number of people in political office.
Effectively, lawyers form our nation’s (14) organized political constituency in America. Lawyers (15) and lawyers interpret our laws. When judges are appointed, the American Bar Association is the only (16) that is consulted to rate the fitness of potential judicial appointees.
Our nation has been in existence for (17) and lawyers have been this nation’s aristocracy since its (18) . Our system works, but do we really want to have a single profession (19) our nation. Specifically, do we want to have the legal profession in charge (20) , that is something to think about.

In America there are no nobles or men of letters, and the common folk mistrust the wealthy. Consequently, (1) form the highest political class, and the most cultivated circle of society. They have therefore (2) by innovation, which adds a conservative interest to their natural taste for (3) . If I were asked where I place the American aristocracy, I should reply (4) that it is not composed of the rich, who are united together by (5) , but that it occupies the judicial bench and the bar.
When I started researching this topic, I found an interesting (6) Legal Reform Now. As the name suggests, this web site is devoted to (7) , and it is definitely concerned about the dominance of lawyers in (8) . There I read an article by a (9) from the University of Wisconsin. One observation the UW article (10) is that the legal profession is the dominant profession of the people (11) to public office. For example, about half our representatives and (12) of our senators are lawyers. No other profession (13) having the same number of people in political office.
Effectively, lawyers form our nation’s (14) organized political constituency in America. Lawyers (15) and lawyers interpret our laws. When judges are appointed, the American Bar Association is the only (16) that is consulted to rate the fitness of potential judicial appointees.
Our nation has been in existence for (17) and lawyers have been this nation’s aristocracy since its (18) . Our system works, but do we really want to have a single profession (19) our nation. Specifically, do we want to have the legal profession in charge (20) , that is something to think about.