中国人民大学法学院考研复试英语题目及答案

1、法理： l 法与国家权力的关系l 法律和社会的关系？Here giving me just minutes to say something about the relationship between law and society , I don't think I can express such a big topic clearly .so I just pick a few simple points to finish this task.Firstly, law came into being because of the needs of the humans'

2、; living .humans are regulated and safeguarded almost from a newly-born baby to one's death. Law is the outcome of the society , one of the social systems and one of the social regulations .it is closely related to the social customs ,playing a role of maintaining the existent systems and the co

3、ncepts of the morals and ethics .It is the reflection of the social configuration of some society at certain times.Secondly ,law has the function of regulating the human' social life on one hand ,on the other, it can also actively lead people to tend toward the luciferous side in human nature. S

4、o ,a good law and its good effects can draw people away from evils and trespassing as much as possible, which eventually help us all to live a happy and harmonious life .Thirdly ,it is no doubt that law and society takes actions on each other . various kinds of social problems and the changes of som

5、e social notions can influence the regulations of the law including the new formation and recessions of some codes or even the constitution.Fourthly ,we should take a stand of movement to talk about anything. For the society as well as the laws in any county, they will never stay at the same level a

6、nd time, and they should and they had better march on hand in hand and to most extent to be adapt with each other.l 法与道德的关系When I was a middle school student, my political teacher told me that if I want to tell something about the relationship between two notions, I should either say something about

7、 the sameness and differences as well. I think this is true. So in face of this question, I will compare the sameness of the law and the morality first; and after that, I will tell the difference between the law and the morality.So now let me compare the sameness. 上层建筑经济基础First of all, to make this

8、point in a political way, the law and the morality are both determined by the economic foundation. So we can call that the law and the morality are both superstructure of the society and both of them play important role in the society. 道德法 Secondly, the morality contributes much to the law. For exam

9、ple, sometimes, the legal order should be and in reality it is kept or maintained by the morality. We can imagine that if morality is not observed, the law can be easily infringed.法道德 Now thirdly, I should say the law is very important to the morality as well. In fact, the law is determined by many

10、factors including some morality factors. So keeping the legal order is just the proper way to keep the moral order of the society.Ok, just now, I have told your something about the sameness between the law and the morality. And now I want the reveal the differences between the two notions. In fact,

11、there are many differentiations between the law and the morality. 形成时间Firstly, the morality emerged far earlier the law. Even in the primitive society, there was morality but the law did not emerge until the state is built in the slavery society.表现形式 secondly, the form or the appearance of the law a

12、nd the morality is not same. We can see that the law has the definitude form, and the effectiveness of the law is assured by the state, but the morality often has no form at all and they just has its roots in the people heart. 作用机制And thirdly, the action mechanism of them are different. For example,

13、 the law is promised or guaranteed by the state power. But in contrast with the law, the morality has its effect only in the heart of people.调整范围 And finally, as far as the regulating extension is concerned, the extension of the law is much wider than the morality. As we know, some behaviors simulta

14、neously dont conform to the law and the morality. So such behaviors can be regulated by the law as well as the morality. But we can see that there are some slight behaviors. They just go against the morality but not against the law. For example, some adults dont care much about their old parents. So

15、 when such behaviors are very slight, they should just be regulated by the morality but should not be regulated by the law.Ok, thats all for this question.l 司法公正与司法效率 Judicial justice and the judicial efficiency Firstly, I want to distinguish the two meanings of the judicial justice. The first one i

16、s the procedural justice while the other one is the substantive justice. For example, the due trial process is the procedural justice while the trial result is the substantive justice. So what is the relationship between the judicial justice and the judicial efficiency? Briefly speaking, the other w

17、ay we consider the justice is the efficiency. The justice that is lack of efficiency is meaningless. This is just like the meaning of a proverb that the late justice is non-justice.How to coordinate the relationship between the judicial justice and the judicial efficiency? In my opinion, we should s

18、tick to the primary principle that the judicial justice has the priority over the judicial efficiency. There are several reasons. It is no doubt that the primary purpose we build up the judicial system is to protect the rights of the citizens and at the same time punish what are against the judicial

19、 justice. So based on such arguments, I want to say that when judging the significance between the judicial justice and the judicial efficiency, we should choose the judicial justice to be more important.But this is not to say the judicial efficiency is of no significance at all. On the contrary, I

20、want to say that we should not neglect pursuing the judicial efficiency. Now let me give my reasons of this view. First of all, for the litigants in a lawsuit, in the process of pursuing the ideal result of the litigation, their energy is limited, their money is limited, and their time is limited to

21、o. So judicial efficiency is of great importance for them. It is not strange that they hope to solve their problems or the disputes in a minute since the litigation starts. And even for the accused in the criminal procedure, they want to finish the litigation soon because the long litigation is very

22、 painful for them. And the second reason the importance of judicial efficacy is that, as far as the state is concerned, as the neutral party of for example the litigation, the judicial resource is limited too. For many years, the judicial specialists and the practionors have tried their best to seek

23、 some measures to solve the most judicial problems at the least cost. For example, take the jury system in America for example, in some complicated cases as the Simpson case in 1999, it cost the judicial resource much morr than expected. So my conclusion is that we should not stick to the judicial j

24、ustice only or the judicial efficiency only. We should fully examine the self-value of either the judicial justice or the judicial efficiency. l 程序正义与实体正义procedural justice and substantive justicel 大陆法系与英美法系比较？两大法系的区别 Could you tell me something about the separation of judicial system?The term&

25、#160;Anglo-American Law System refers to the system of law developed in England and transferred to most of the English-speaking world. It is distinguished from the Continental

26、 Law System used in Continental Europe, and in those nations settled by European peoples. Both the two systems are the basis of law in most of the western 

27、world.The continental law system can be traced back to Roman law, which extended to the limits of the Empire. It received its modern impetus from the early nineteent

28、h-century French codes of law created by French jurists.The differences between the two can be put as follows: Firstly, in the process of the formation of the continental law system, the jurists have played an impor

29、tant role, while the judges have contributed a lot in the formation of the common law system.(法学家、法官)Secondly, I want to compare the representation of the different laws. The continental law system is famous for its statutory law and the common law system is famous for its case law.（制定法、案例法）Thirdly,

30、 each system has its particular angle of view. For example, the continental law system pays its attention to the substantive law but the common law system pays its attention to the procedural law. The latter underlines trials、procedure、proof and execution.(实体法、程序法) Fourthly,

31、 the differences in composition of the two are apparent. In the Continental Law System, public law and private law are the basic classification, and the civil law

32、60;are the basic classification, and the civil law plays an important role in it. While the basic parts of the Anglo-American Law System are common law and equity

33、60;law, and public law is the key part of it.（公法私法、普通法衡量法） In fact, there are many other differences between the continental law system and the common law system. But in fact, each system has it own merits. For example, the continental law is better for i

34、ts stability, and the common law is better for its flexibility. So in the development of each law system, many of the merits are introduced into each other. And even today, when we are considering developing the judicial system, investigating the particular characters of each of the judicial system

35、is very important.l 对司法独立有什么看法？(judicial independence/ independence of jurisdiction) First of all, I want to say that the judicial independence is of great importance. When we are talking about the judicial independence, it is no doubt that we can all be aware of how important the law is. In fact, i

36、n the process of building the legal society and the harmonious society, law is taking a great role in this process. And in order to make full use of law to rule the country, the independence of law is very important. However, we can see that sometimes the ruling by law is interrupted by much resista

37、nce. For example, because of the political system of China, our courts are often interrupted by the Peoples Congress, the government and so on. To make the meaning of judicial independence even more clearer, I have to say that the judicial independence in china refers to the courts independence but

38、not refers to the judgesindependence. As we can see, the chief judge of our Supreme court is elected and appointed by the NPC(National Peoples Congress), and it is regulated in the constitution that he has to give a report about the affairs of the court system annually to the NPC. And the local cour

39、ts of China are functioned in a similar way. So we can see that when talking about the judicial system of China, we can not confuse it with that of Americans. So now I want to say something about the judicial independence of America. And one phrase that can not be neglected here is the principle of

40、checks and balances. The U.S. Constitution provides for three equal and separate branches of government. They are executive branch, legislative branch and the judicial branch.Each of the three branches is to some extent dependent on the other two and there is a partial interweaving of their function

41、s. For example, the President suggests legislations to the Congress and may veto legislations passed by the Congress; the President appoints federal judges and may grant pardons from punishment for offenses against the United States; the Congress appropriates funds for the executive branch and the j

42、udicial branch and may impeach and try members of the executive branch or the judicial branch; the courts may declare any presidential or executive action unconstitutional and may declare Congressional legislation unconstitutional.So in a word, what I want to say at last is that when talking about t

43、he judicial independence, we should pay attention to its particular political system as well. Only by this way, can we fully understand the judicial independence.l 中国司法制度评价（法制改革的必要性Do you think the legal system need some reform ? Why? ）judicial

44、system司法制度现状Judicature is one of the important forms of the enforcement of law. In China, the subjects of judicature are only the court and the procuratorate. Relevently, 

45、;the system of judicature is made up of two parts: the system of peoples court and the system of the peoples procuratorate. In China, the power of judicature is

46、 divided into the powers of adjudication, powers of prosecution and the powers of legal supervision. The peoples court exercise the powers of adjudication, and the people

47、s procuratorate exercises the powers of prosecution and the powers of legal supervision.From the foundation of China, three main procedure laws were issued in succession. They

48、 are the criminal procedure law, civil procedure law and administrative procedure law. In trial, the court follows the principle of public trial, the independence of judi

49、cature, the system whereby the second instance is final, the peoples jury system and so on.The procedure of lawsuit mainly contains the procedure of first instance, proce

50、dure of second instance, summary procedure, procedure for trial supervision and procedure of execution.Now, we are improving the system of evidence, procedure for review of de

51、ath sentences and so on. To view the Chinas system of judicature, we may see that the legislation concerning procedure law is in the process of further improvement,&

52、#160;and judicial reformation is also under way.First of all, I want to explain what the judicial system is. In fact, there are two meanings of judicial system. And the difference between them is their extension. When talking about the judicial system, somebody just ref

53、ers to the systems that are related to the nations judicial bodies, for example, the criminal investigating system, the prosecuting system, the trial system, the jail system and so on. The broader meaning of the judicial system dosent confine into the systems relating to the judicial bodies. They ar

54、e relating the other judicial bodies as well. So we can see that these systems are also the judicial systems in China, for example, the lawyers system, the notary system, the arbitrational system, the mediation system and so on.Since the birth of the Peoples Republic of China, the judicial system ha

55、ve been constructed and developed greatly. And it is no doubt that the judicial system has been playing a very important role in the society. Several tips can be taken to explain the situation. For example, as far as the criminal area is concerned, since the building of the security system, the pros

56、ecution system, the Peoples court system, many criminals have been arrested and convicted, this leads not only to the punishment and the education of the criminals, but also the protection of the due rights of the victims and the other people. Ok, let me take another example, for example, in face of

57、 the civil disputing, in the old days, people often tend to solve the problems by themselves. This may leads to some severe problems and can not settle the problems completely. But now the people have many other choices to solve such problems. As we can see from what the diverse systems I introduced

58、 just now, when a person is considering solving a problem with the other people, for example, a contract disputing, he can find lawyer to help him, he can go to the notary for help, or he can go to the court directly.So, judging from these arguments, we can safely draw a conclusion that the judicial

59、 system is very important, we need them in our daily life. But, to our disappointment, there is no doubt that there are many problems of our judicial systems correspondingly. Generally speaking, the efficiency of our judicial bodies are more or less lower than what we expect, the rights of the peopl

60、e are not properly and efficiently protected. For example, as far as the criminal procedure cod is concerned, some of the rights that are publicly and generally recognized all over the world are not listed in our cod. In contrast with the west developed countries, our protection for especially the a

61、ccused is far behind that of those countries. In the criminal procedure, the accused does not have the right of silence, and he does not have the right to have his lawyer be present when he is questioned by the police or the prosecutors, and so on. So, I want to say, our judicial systems need some i

62、nnovations indeed. And our principal for the innovation is that we should conserver what is accord with the situation of our country, and alter the systems that are not beneficial to us. So I think several tips can be conducted to improve our judicial system.Firstly, we should strive to do legal res

63、earch in order to distinguish what is beneficial to us and what is harmful to us. Secondly, the practitioners must have discovered many problems of the judicial systems. So during the process of innovating the judicial system, the advices or the suggestions of them are very valuable and should be ta

64、ken into account. Thirdly, there is a longer history of modern judicial system of the foreign countries, especially the developed countries. And there must be many advanced judicial systems of them. So what we should do is to learn from them and introduce whatever is beneficial to us.The reform

65、 in legal system is one of the important forms of law development. It means reforming from the content to the form of law, from the enactment to the enforc

66、ement of law, to meet the needs of changing society. Here, I just want to talk about the characteristics and reasons of the reform in legal system.The initial a

67、im of the reform in legal system is mainly to establish an efficient and coordinated legal system. So, its tasks are to create some branches of law, draw up

68、0;new laws, and abandon or modify some old laws. For example, during the process of reformation, China has created the economic law, the business law , the environme

69、ntal law, and so on. In more than 2000 laws and regulations issued from 1949 to 1979 , half of them were abandoned, one fourth were modified, and one fourt

70、h keep valid.With the improvement of the legal system, people pay more attention to the effect of law. First, people are more concerned with the operation of law in legislation. Second, the reform in the system