软考系统规划管理师（核心考点）：职业素养与法律法规

Chapter 12: Professional Ethics and Legal Regulations Summary

The 12th chapter focuses on the concepts of professional ethics, codes of conduct, and related legal and regulatory frameworks. It emphasizes the importance of cultural beliefs, habits, and self-discipline in upholding professional ethics, rather than relying on legal enforcement. Moreover, it discusses the characteristics of professional ethics, which include being a social norm without substantial binding force, and the primary nature of these ethics which is the demand for employees' duties.

Regarding behavioral standards, the chapter clarifies that professional responsibility does not include providing false information for personal gain but involves adhering to organizational policies and clarifying potential conflicts of interest with clients. The core of the Chinese legal system is the Constitution, and the general civil litigation statute of limitations is set at two years, while the criminal prosecution statute of limitations can extend up to 20 years for crimes punishable by life imprisonment or death.

Contract law is explained as governing the formation, validity, performance, modification, transfer, and breach of contract obligations. It is not limited to agreements between natural persons and includes provisions on breach of contract. The chapter also distinguishes between commonly used laws in China and those that are not typically covered, such as Maritime Law.

Intellectual property law, which encompasses both private and public law regulations, adjusts the ownership, exercise, management, and protection of intellectual property rights. It is a specialized branch of civil law with clear technical and comprehensive features. The chapter also touches on the diversity of professional ethics, highlighting that different enterprises might have varying values.

Responsibilities towards clients and the public are considered crucial, including the confidentiality of sensitive information obtained during project management activities. The chapter concludes with a note on the new crimes added by the Criminal Law Amendment (VII), which covers offenses related to personal information but excludes the spread of computer viruses.

To reinforce learning outcomes, the chapter suggests systematic review, memorization of key provisions, case analysis, practice exercises, and discussion. It concludes with a reminder to follow for more knowledge on software examination, personal growth, and professional development, offering a list of recommended articles for further reading.

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