2010年前人大法学考研复试英语口语面试题集锦

时间:2011-08-23 18:52  来源:未知   作者:Jurist   点击:分享到QQ空间
[摘要]在2010年人大法学考研改革前(不包括2010年),人大法学考研复试外语口语面试直接由法学院的各专业教研室老师对报考该专业的考生负责,因此复试内容具有很强的专业性(2006年前更是只考查专业问题,2006年后开始逐渐向非专业性问题倾斜)。2010年后人大法学考研复试的外语口语测

核心提示:在2010年人大法学考研改革前(不包括2010年),人大法学考研复试外语口语面试直接由法学院的各专业教研室老师对报考该专业的考生负责,因此复试内容具有很强的专业性(2006年前更是只考查专业问题,2006年后开始逐渐向非专业性问题倾斜)。2010年后人大法学考研复试的外语口语测试改为由学校外国语学院老师负责,因此具有法学专业性话题的考查内容很少,而主要是考查非专业性的生活、学习话题,注重测试考生真实的外语口语水平。下附的主要为2010年前人大法学考研复试英语口语面试真题,虽为2010年前的,但是对现今人大法学考研英语口语面试的指导仍具有重大针对性和指导性。

面试经典案例:抽取试题:Where do you prefer to work, cities or countryside? 英语回答完毕后,汤维健老师用英语问: Do you know the slogan which was put forward by our party that "to build the new socialist countryside" ? What does it mean? (民诉面试)

 

一、自我介绍(self-introduce)

1、回答样式一:

May I introduce myself first? So we can get an good relationship among us. Thank you very much.
So good afternoon, my respectful teachers, it’s my great honor to be here for this interview.
First let me introduce myself —My name is······. I’m a senior student and have graduated from school of law, ······ university. During my four years’ campus life, I am hard-working and have won scholarships several times.
English is the favorite of mine besides my major .Though the weak basic skills I had when I just went through the college gate had been improved much through my painstaking efforts, I have a long way to run because I can not use it freely .Besides, I pass CET Band 4 when I was a freshman,and then CET Band 6 when I was a sophomore, meanwhile I got an admission qualification of SET of Band 6 at last.
When it comes to my free time, I indeed have a lot of hobbies , for example: 1) Pop music(I like it very much because it can encourage me, comfort me and sometimes relax me); 2) Reading novels, I prefer to read novels which can convey the true meaning of life to me , for example, 《Live》by Yuhua ; 3) Swimming. Backstroke [仰泳]and crawl [自由泳] are the common ways I use. When I am in water, the whole body of mine will feel very comfortable; 4) Kong-fu is my favorite, though I’m only a new-comer. I respect Bruce Lee very much because he was a patriot [’peitriet 爱国者] and broke though the limit he could stand. Though died many years ago , he will be a true idol [’aidl 偶像] of mine for ever .
My hometown is a beautiful and quiet place near······. If you have a chance to go there, you would be deeply attracted by its perfect combination of city and country ,because you can enjoy modern city life there ,and more importantly ,you can live a happy and desirable country life there—Pure blue sky ,lovely white clouds and vast green grasslands.
When it comes to my college, I’ll say “I love her ”, from the bottom of my heart. Through four years’ school life , I learned a lot from her , not only knowledge ,but also how to be a real person. I appreciate her very much , no matter where I go , no matter how I get along, she’ll be my old school [母校] forever .
That’s all, thank you. Wish you a happy day.

2、回答样式二:
Good morning. I am glad to be here for this interview. First let me introduce myself. My name is······, 24. I come from ······, the capital of······Province. I graduated from the ······department of······University in July,2001.In the past two years I have been prepareing for the postgraduate examination while I have been teaching ······in NO.······middle School and I was a head-teacher of a class in junior grade two. Now all my hard work has got a result since I have a chance to be interview by you.
I am open-minded, quick in thought and very fond of history. In my spare time, I have broad interests like many other youngers. I like reading books, especially those about······. Frequently I exchange with other people by making comments in the forum on line. In addition, during my college years, I was once a Net-bar technician. So, I have a comparative good command of network application. I am able to operate the computer well. I am skillful in searching for information in Internet. I am a football fan for years. Italian team is my favorite. Anyway, I feel great pity for our country’s team.
I always believe that one will easily lag behind unless he keeps on learning .Of course, if I am given a chance to study······in this famous University, I will spare no effort to master a good command of advance······.
备注:自我介绍时,首先简要将自己的姓名、本科所在学校介绍一下,然后要简介陈述自己在本科所在学校的表现(如:得到的荣誉、获得的奖项等,也可谈学习的状况),接着谈自己的爱好(切忌不要谈自己不擅长的,否则到最后真容易弄得“理屈词穷”了),最后要简要谈一下自己的母校(切忌不要在言语间流露出不满和反感情绪,这是大忌)。

 

二、About your hometown (介绍你的家乡)

I am from······, a famous city with a long history over 2,200 years. It is called “Rong Cheng” because there were lots of banians even 900 years ago. The city lies in the eastern part of the province. It is the center of politics, economy and culture. Many celebrities were born here, for instance, Yanfu, Xie Bingxin, Lin Zexu and so on. You know, there is a saying that “The greatness of a man lends a glory to a place”. I think the city really deserves it. The top three artware are Shoushan Stone, cattle-horn combs and bodiless lacquerware. In addition, it is famous for the hot springs. They are known for high-quality. Visitors athome and abroad feel it comfortable bathing here. There is my beloved hometown.

三、你的家庭(about family)
There are four members in my family; my parents, my cute cat of 9 years old and me. My father is a technician in the······. He often goes out on business. So most of the housework is done by my industrious mom. Climbing at weekends is our common interest. The fresh air and natural beauty can help us get rid of tiredness. They can strengthen our relation, too. During my prepareing for coming here, my parents’ love and support have always been my power. And I hope in future I will be able to repay them.

四、你的大学(about university)
······University is the oldest one in the province. It was founded in ······and covers an area of over······mu. The building area is ······square meters. It develops into a comprehensive university with efforts of generations, especially after the reform and opening up. It takes the lead among the······universities with nice teaching and scientific research ability. The library has a storage of ·······books. Various research institutes are set up including 52 research centers. There are teaching research experimental bases. For example, the computer center, analyzing-test center, modern education technical center and so on.


五、考研原因(reasons for my choice)
There are several reasons.
I have been deeply impressed by the academic atmosphere when I came here last summer. In my opinion, as one of the most famous······in our country, it provide people with enough room to get further enrichment. This is the first reason.
The second one is I am long for doing research in ······throughout my life. It is a pleasure to be with my favorite······for lifetime. I suppose this is the most important factor in my decision.
Thirdly, I learnt a lot from my······job during the past two years. However, I think further study is still urgent for me to realize self-value. Life is precious. It is necessary to seize any chance for self-development, especially in this competitive modern world.
In a word, I am looking forward to making a solid foundation for future profession after two years study here.

 

六、Why Renmin University? /why do you choose Renmin University?(为什么选择中国人民大学?)
1、回答样式一:

It has always been a dream of mine to study at Renmin University.
(1). First, Renmin University is the best university in China in the field of law science. Being a very important base of Chinese law studies, Renmin University has attracted millions of young people who have great interest in the field of law studies.
(2). Renmin University is noted for many distinguished scholars at law studies. I believe I can benefit a lot from them. Now I am willing to listen to their classes, observe their ways of analyzing legal issues, and follow their instructions in concrete researches. I got my bachelor’s degree in ······and now find it urgent for me to refresh myself by further education in my major.
(3). Another reason why I choose Renmin University that it is located in the city of Beijing. Being the capital of China, Beijing is definitely the political, economical and cultural center. At the same time, it’s a modern metropolitan, which if full of vigor and vitality. The 48 Olympic Games will be held here in the year of 2008. As its motto says, “One world, one dream”, the coming Olympic Games will definitely bring a lot of chances and possibilities for anyone with dreams in their mind.
(4). I wish to become a good lawyer in the future, and I believe this university is the best place that can provide me with fundamental theoretical background, with challenges and chances.

2、回答样式二:

RenminUniversityis a famous university of our country, and her study level of humanities is very high in all high schools.
I heard about Renmin University many years ago and then I told myself in my heart that someday I must be a member of hers, It was very disappointing that the dream did not come true four years ago, so when I just walked into the gate of my university, I sweared that I should be a post graduate of her four years later.
I love her very much for the following reasons:
First, there is an atmosphere of pursuing the truth in Renmin University, which is respectable and lovely. I’m the people who do not like things which are impractical and superficial; therefore I think I have at least this point in common with her.
Second, she has a lot of famous and respectful professors who contribute a lot to our country. I think I can learn a lot from them and finally use the knowledge to serve the people. Morality、scholarship are the merits I can learn from them.
Third, it is said that students in CUPL are practical, while students in Beijing University are knowledgeable, but students in Renmin University are both practical and knowledgeable. I want to be a person who is practical and knowledgeable as well, so I’m eager to be a post graduate of hers.
Fourth, Renmin University is a famous university of our country, and her study level of humanities is very high in all universities. In recent years, the educational facilities of her have been more and more perfect and sound, which make her more attractive to me.
Finally, through the visit of many universities of Beijing and other place, I find that I love her heart and soul. When I just walked into it, an un-jelling feeling of familiarization and kindness appeared in my mind, as if I had been a member of here sometime.
In a word, I love Renmin University!


七、Why choose law as your major?(为什么选择法律)

1、回答样式一:

When I was a little boy, my grandfather told me that he wanted me to be a lawyer when I had grown up, because in that age, there were few lawyers in our country, nor did the people who know law. From then on , I knew lawyer、law--these mysterious words.
Several years later, my uncle, a prosecutor ignited my enthusiasm from law with his honesty and hatred of evil. He has dealt with many cases about the corrupted and punished some of them, which made many people fear about him but made him a real hero in my heart. So, from then on, I wanted to be a judge or prosecutor who knows law very well and establish justice in our society.
When I have been a college student and got some knowledge about law, I think I have enough reasons to choose it as my major.

2、回答样式二:
First, law is an old and huge subject, and its content rich and interesting. It is said that in ancient times of Europe, there are only three disciplines in college--theology、medicine and law, therefore, it is indeed a traditional subject which attracts me very much.
Second, law is a powerful social adjustment tool. As we know, many conflicts can be smoothed off through the application of law. I’m very glad to use my knowledge of law to solve some practical problems, and even more, I may fall in love with it and take it as my career.
Third, law is not just law, it has many things to do with economics、philosophy、sociology and even literature, so through the study of it, I can learn a lot and improve myself a lot.
In a word, it’s my honor to choose law as my major--my whole-life career. I think in the rest time of my life, I should not only study it well, but also let more people know it, apply it and love it!
1. Law stands for justice and equality. It’s impossible for us to establish a harmonious society without a sound system of law. And of course, our society is in need of qualified people who major in law.
2. Law is an effective instrument, by which I could fight against corruption, bribery, and other unjust or illegal phenomena. It has been also a dream of mine to contribute myself to the course of law and do what I can for China in its process towards a more stable and prosperous society.
3. I have great interest in the Science of Law. And that was why I chose to study law before I entered college. I enjoyed great fun in reading books in the field of law.

八、A lawyer or a judge?
1. I’d like to work as a lawyer in the future. I believe it’s more suitable for me to work as a lawyer. First, I am good at analyzing practical problems. Second, I enjoy communicating with different people. Third, I am an eloquent person.
2. I’ll use law as a tool to help the need and the weak, so that I can realize my value in my own work.
3. Working as a lawyer, my working hours can be much more flexible and that’s exactly what I want in the future.

九、Why Beijing?
1. Being the capital of China, Beijing is definitely the political, economical and cultural center. At the same time, it’s a modern metropolitan, which if full of vigor and vitality. The 48 Olympic Games will be held here in the year of 2008. As its motto says, “One world, one dream”, the coming Olympic Games will definitely bring a lot of chances and possibilities for anyone with dreams in their mind.
2. I love Beijing also because it is the exact place where Renmin University is located.
During my stay in Beijing in the past few days, I discovered that the people in Beijing are all energetic and full of passion. And to my joy, everything in Beijing is in an wonderful order.

十、Plans in the postgraduate study/Study plan? (研究生期间你的计划)

1、回答样式一:

First, I hope I can form systematic view of ······. As for······, my express wish is to get a complete comprehension of the formation and development as well as ······. If possible, I will go on with my study for doctorate degree.
In a word, I am looking forward to making a solid foundation for future profession after two years study here.

 

2、回答样式二:
1. I choose to major in criminal law. If I can get this opportunity, I will read extensively in this field, so that I could enrich my knowledge and broaden my view. And of course, I understand that theoretical knowledge in law science is far from being adequate for me if I want to become a good lawyer. Therefore, it is necessary for me to relate my knowledge to practical problems of all kinds.
2. I will study English much harder than before, for I am willing to read original classical works written in English, both in the field of law science and in literature, for each book will provide you with a special perspective, which might one day be very useful for you when you tackle with different problems.
3. Critical and creative thinking is also very important for me. I do not want to be just a follower at study. Of course, works that have been done are a good start for us young people. By standing on the shoulder’s of the previous geniuses, we can look further and deeper, but more importantly, we need to ask ourselves what we can contribute to the society. ( 其实不用说这么多,能说一分钟左右就可以了。当年有考生回答录取后的学习计划,说了三条,然后老师问:对民法的哪一部分感兴趣,为什么?因为在该考生的回答中提到了其将锁定一些感兴趣的方面,做深入的研究,老师就追问,这就是面试的经典模式。)
 

十一、How to be a good judge?
1. First, I need profound theoretical knowledge in the field of law. You can never build a skyscraper from nowhere. Therefore, profound knowledge in theories is insignificant for anybody who wants to be a good lawyer.
2. Second, a good judge needs a comprehensive knowledge of the society, including knowledge in other fields and knowledge about the society itself. Unexpected cases will crop up anytime, and knowledge at law alone is not sufficient enough.
3. The most important quality of a good judge is that he should have integrity and willingness to help the poor and the weak. A good judge should be perfectly just, adhering strictly to the regulations and rules, without yielding to money or power.

十二、The categorization of Law Sciences ?
There are different kinds of categorizations based on different criteria.
First, law science could be categorized into Theoretical Law Science and Applied Law Science. The former stresses the study of fundamental theories, while the latter stresses applications and practices.
Second, if we take the objects of study into consideration, we could categorize the science of law into: Criminal Law, Constitution, Civil Law, Administration Law, etc.
Third, it can also be categorized into: theoretical law science, applied law science, native law science, foreign law science, the historical study of law science, marginal law science, etc.
To conclude, law science is a complicated subject of study, which can be categorized by different criteria. These branches are closely related, while they differ from each other in research orientations and the things they emphasize.

十三、Principles of criminal law ?
There are 3 fundamental principles in the area of criminal law.
1. The principle of that crimes and punishments are all stipulated by law.
Any behavior that is not regulated as illegal by law can not be decided as illegal;
Any behavior that is not regulated as illegal can not be sentenced to penalty;
This is the most important principle of criminal law.
2. The principle of commensuration of crime, criminal responsibility and punishment.
3. The principle of that criminal law shall be equally applied to everyone.

十四、The heredity of law?
1. The social material conditions on which law is based carries the nature of heredity;
2. The development of law has its own heredity;
3. The heredity of law exists in the following aspects: the law of market economy, the law of democracy, the law of social order, etc.

十五、About Law?
1. As an instrument of social administration, law brings order to the society, so that people could live in harmony;
2. As an instrument of interests allocation, law gives everybody rights and responsibilities;
3. as an instrument for solving conflicts, law can smooth off contradictions;
The legal system is not sound enough, while jurisdiction system also needs to make progress.

十六、Abort Corruption?
1. Everybody hates corruption;
2. The first thing we need to do is to strengthen ideological education, so that we can prevent the idea of committing corruption;
3. It’s a long way to go to erase corruption. We can never omit this.

十七、About death penalty
1. In the long run, death penalty should be abolished, but it should be kept at present. For one thing, death penalty should be applied to some serious crimes; for another, death penalty can realize the purpose of penalty, that is, general prevention and special prevention.
2. Death penalty should be carried out seriously, for once we use death penalty, it can not be erased.
3. We should follow the tendency of restricting death penalty.

十八、Comment on Chinese law system?
1. The Chinese law system has been composed of constitution, criminal law, civil law, administration law, litigation law, etc. Constitution acts as the foundation of our law system.
2. The Chinese law system does not rich its maturity yet. Therefore, we need to emphasize legislation.

十九、Comment on Property (所有权)
1. The Right of Property is a very important human right, which includes the right of owning, the right of using, the right of making profit from one’s property, etc. Meanwhile, the Right of Property enables the owner to get rid of interference from the others.
2. The Right of Property is the essential basis and condition for normal social communication.
3. We should encourage people to enjoy their Right of Property and strengthen the related legislation.

二十、The Difference between Chinese Law System and that of the West .
1. In form: Different items of law have been established and written down in China; however, in both Britain and America, many items of law are not written into related documents.
2. In content: China stresses entity laws, while the Western world stresses procedural laws.
3. In the law system of Britain and America, the judge plays a very important role and his judgment can act as the gist and proof for later sentence. It’s obviously not the case in China.

二十一、On market economy:
1. On the basis of the public-owned system, market only acts as an instrument by which the social resources are allocated;
2. Market economy is regulated by law. We should consummate the legislation of establishing market orders and carrying out macro-modulation;
3. The construction of market economy must be reinforced, and the people’s living standard should get improved.

二十二、About terrorism:
1. Terrorism is a big crime to us human beings. People all over the world should walk hand in hand on the way toward controlling and eradicating terrorism;
2. We should reinforce the cooperation of legislation and judicature of different countries in the world in order to get rid of terrorism.

二十三、About Hong Kong Cardinal Law
1. Hongkong cardinal law is established on the basis of constitution and practiced in Hongkong Special Administration Area. It is designed by the People’s Representative Conference of China and interpreted by the Standing Committee of the People’s Representative Conference of China.
2. The Cardinal Law of Hongkong aims at maintaining the unification of China, as well as its intact territory.

二十四、To administer our country in accordance with law
1. Law is indispensable to the development of market economy;
2. Law is indispensable to the establishment of a modern and democratic society;
3. The exertion of national rights and the rights of people should be restricted by law;
4. The legal administration is the impetus of social justice and social development.

二十五、Human rights?
Human rights is the basic rights of human beings. The most fundamental human rights are one’s rights to live and to develop himself. There is no uniform criteria for human rights. Different countries improve and develop human rights in accordance with their own concrete circumstances. No other countries should interfere one country’s development.
China has made great progress in the legislation and execution of human rights. Chinese people own extensive political, economical, and cultural rights.
The human rights of Chinese people are established in accordance with the social reality in China.

 
二十六、Reform in legal system(法制改革)
The reform 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 enforcement 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 aim 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 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 environmental 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 fourth 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 of judicature is put on the agenda. Third, the improvement of the supervisory system of law is paid more attention. In short, in this stage, the core of reformation is to improve the operating system of law.
But, what’s the ultimate goal of our reform? I think it is to realize rule by law. Meanwhile, to protect the rights of citizen is also its mission.
As we see, the reform in legal system is always accompanied by other social reforms. It’s one of the characteristics of the reform in legal system. Besides the inner conflict between laws, the reform in economic system and political system are the impetus of reform in legal system.
Only if the law adapts the development of society, it could bring its functions into play. But ,the reform may be a long process, and we look forward to the coming of a society ruled by law.

二十七、Division of the science of law(法学体系的划分)
The system of the science of law is an interrelated entirety made up of many branches of the science of law. As a theoretical system, it is changing with the legal theory and practice of law.
To specialize the research, people divide the system of the science of law into many concrete branches according to certain criterions. But because of different angle of observation and research, the division varies from person to person. On the whole, criterions are mainly following: taking the object of research as criterion, the system is divided into the science of Constitution, the science of penal law, the science of civil law and so on; taking the level of research as criterion, it is divided into the science of theoretical law and the science of applied law. The other criterions are the scope of research, the method of research and so on. But to evaluate if such division is scientific, two factors should be considered. The first is whether the division accords with the real appearance of the science of law. The second and more important is whether the division accords with logical rules.
In china, the division of the science of law shows a complicated picture. Some scholars divided it into five classes. They are the science of theoretical law , the science of applied law, the science of the history of law, the science of domestic law, the science of international law. Some scholars divided it into six classes. They are the science of theoretical law, the science of the branch of law, the science of the history of law, the science of legislation, the science of international law and the science of marginal law.
The phenomenon of the science of law has complicated relations, so it is difficult to find a division which is perfect. It just depends on whether the division accords with the appearance of the science of law and which one is accepted by people more easily. So, I agree to such division, which divides the system into the following classes: the science of theoretical law, the science of applied law, the science of the history of law, the science of comparative law, and the science of marginal law.

二十八、Talk about WTO
WTO is the abbreviation of the world trade organization. It is created in January 1 st, 1995, whose precursor is GATT. Its general headquarter is in Genevese, Switzerland. WTO is the biggest trade organization in the world. There are 137 members in WTO now, the gross trade of which occupies above 95 percent of the world trade. WTO, World Bank and international monetary fund are called the three pillars of the world economic system.
After the effort of 8 years, China entered WTO successfully in the late 2001. It is an opportunity, but also a challenge.
One of the most essential tasks confronting us at present is to abolish the relevant laws and regulations conflicting with the WTO conventions and enact laws that are applicable to those of the WTO. For example, the criminal law of the P.R.C should further improve the relevant rules and regulations concerning the object of trademark protection, the scope of the counterfeit trademark as well as some other crimes against trademark.

二十九、The present situation of judicature(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, the system of judicature is made up of two parts: the system of people’s court and the system of the people’s procuratorate.
In China, the power of judicature is divided into the powers of adjudication, powers of prosecution and the powers of legal supervision. The people’s court exercises the powers of adjudication, and the people’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 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 judicature, the system whereby the second instance is final, the people’s jury system and so on.
The procedure of lawsuit mainly contains the procedure of first instance, procedure 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 death sentences and so on. To view the China’s system of judicature, we may see that the legislation concerning procedure law is in the process of further improvement, and judicial reformation is also under way.

三十、Talk about the system of lawyer(律师制度)
In China, to be a lawyer, you should pass the national judicial examination first. Then, after the practice in a law firm in one year, you can get the qualification of lawyer. If you want to provide legal service to the public, you should join a law firm. Or you will violate the law.
The lawyer has the obligation of maintaining secret for his customer. According to the law of lawyer, the lawyer should maintain the state’s secrets and his customer’s commercial secrets which he knows because of his work, and the lawyer should not let out the privacy of his customer. If a lawyer lets out the state’s secret, his qualification would be revoked and he may be investigated and affixed criminal responsibilities. If he lets out his customer’s commercial secret and privacy, he would be warned by the judicial and administrative department, or his qualification would be suspended for at least 3 months, but not more than one year if the plot is serious. In my opinion, this punishment is a little light. It is not enough to be a deterrent for lawyer who lets out his customer’s secret.
Sometimes, the benefits of lawyer and his customer may conflict. So, the law prohibits the lawyer asking his customer for extra properties. And the lawyer must not exempt his civil responsibilities for the damage caused by his illegal activities or mistakes.
In the court, the lawyer has the obligation of withdrawal, and the obligation of authenticity. He must not forge evidence, or change the content, form and nature of the evidence illegally. And he must not threaten or lure someone to provide false evidence.

三十一、The system of civil code(民法体系)
About the system of China’s civil code, there are three standpoints in the field of the science of civil law. They are idealism, romanticism and realism. The idealism holds the Roman law in esteem, aiming to promote the status of personal law. The romanticism advocates to draw up a loose civil code. While the realism stresses to respect the custom of our legal system, preferring the system from overall to fraction.
But about the concrete design of civil code, though there are many suggestions, most scholars choose the stand of realism. For example, some scholars think the civil code should contain six parts as follows: the general principle, personal rights, real rights, intellectual rights, rights of inheritance, creditor’s rights. Some scholars deem the civil code should contain seven parts, as follows: the general principle, real rights, creditor’s rights, rights of relative, rights of inheritance, intellectual rights and torts.
The views above have some resemblances in content, but also have many differences. The question is why they all choose realism in the design of the system of civil code. In fact, there are two style about the system of civil code. One is the style of Roman, accepted by France, Italy and so on. The other is the style of Germany, accepted by Germany and its followers. From the reform in legal system in the late Qing Dynasty, we have accepted the style of German’s system of civil code and its concepts, principles, institutions and theoretical system. The arrangement of chapters and sections, concepts we are using and system of civil rights in the general principles of civil law in force, apparently drawn lessons from German’s civil code. So, it is not surprise that so many scholars choose the realism.

三十二、The relation of law and society(法律和社会的关系)
The relation of law and society is very close. The morality, custom, science and technology, politic, population, environment and especially the economics influence the law to different degree. As we know, the law regulates all kinds of social relations. So they always influence each other, and supplement each other. Here, I just talk about the relation of law and economics, the relation of law and environment.
From the origin of law, we can see that the law is a result of exchange of commodities. About this question, Marx had said “ exchange exists first, then it develops to be law”. With the development of economics, the law is becoming prosperous. It plays an important role in the areas of macroeconomics-control and market supervision. The law is the economics’ guidance, promoter and guarantee. On the other hand, the economics also promotes the advance of legal system.
The environment is the important content of social sustainable development. And as the importance and seriousness of the environmental problems, the environment becomes the regulated object of law. The science of environmental law came into being. It plays important part in protecting and promoting the environment.
In a word, the law is a kind of useful tool to make our society orderly and harmonious . in other word, the operation of modern society needs law to regulate. In this process, the content of social life enriches the regulated objects of law.

三十三、The method of study of law(学习法律的方法)

1、回答样式一:
The method of study of law varies from person to person. Roughly, there are two methods. The first is learning from legal books, as most of law students do. The second is learning from our life. The former makes study of law systematically, while the latter makes study lively.
I think the latter method is more important. As we know, the law comes from our life, though it is written by men. Moreover, the purpose of learning law is to use it in our life. So, to see, to listen, to experience, to think all kinds of events related to law is very important. Of course, law books may be useful, especially when meeting some difficulties about the meaning of regulations.
Actually, remembering all kinds of concepts and regulations is not enough. I think understanding the spirit of law is necessary and useful. For example, we stress autonomy in our private law, but we still see some regulations violate this principle. Another good example is a judge who deals with civil actions specially may meet a case, which has no corresponding rules to cite. In this situation, the judge had better appeal to the spirit of law to solve this problem.
In a word, the best method of study of law is the one which is suitable for yourself. I think combing theory and practice closely is a good and necessary method.
2、回答样式二:

Since I have been a college student, I have reflects the study habits of my own and I think those can be put as follows:
(1). Plan my time carefully. Make a list of my weekly tasks .Then make a schedule or chart of my time .Fill in committed time such as eating、sleeping、meeting、classes, etc. Then decide on good、regular time for studying .
(2). Find a good place to study .Choose one place for my study area. It may be a desk or a chair at home or in the school library, but it should be comfortable, and it shouldn’t have distractions. When I begin to work, I should be able to concentrate on the subject.
(3). Skim before I read. This means looking over a passage quickly before I begin to read it more carefully. As I preview the material, I get some idea of the content and how it was organized. Later when I begin to read, I will recognize less important material and I may skip some of these portions. Skimming helps double my reading speed and improves my comprehension as well.
(4). Make the best of my time in class. Listening to what the teacher says in class means less work later. Sit where I can see and hear well. Taking notes helps me remember what the teacher says.
(5). Study regularly. Go over notes as soon as possible after class. Review important points mentioned in class as well as points I remain confused on. Read about these points in my textbook. If I know what the teacher will discuss the next day, skim and read that material too. This will help me understand the next class. If I review my notes and textbook regularly, the material would be more meaningful and I will remember it longer .Regular review leads to improved performance on tests.
(6). Develop a good attitude about test. The purpose of a test is to show what I have learned about a subject. The world won’t end if I don’t pass a test, so I don’t worry excessively about a single test .Tests provide grades ,but they also let me know which part I need to spend more time on, and they help make my new knowledge permanent.
(7). The last but not the least, read plenty of books especially those concern with my major, which can expend my view.
There are other techniques that might help me with my studying .Only a few have been mentioned here, and I will discover others as my study continue.

三十四、Independence of judicature (司法独立)
The independence of judicature is a hot topic in recent years. Here, I just want to talk about the meaning of the independence of judicature. In my opinion, that means when judicial organs exercise their functions and powers, they only obey law, not interfered by legislative bodies, administrative units, mass organizations and any other person. The independence of judicature in a country, can guarantee the improvement of political organs and make the rights of citizen come true. So, it couldn’t be thought the independence of judicial organs only. It should also include the independence of judicial power and the independence of judge.
Above all, comparing with the legislative power and the administrative power, the judicial power seems weaker. And it is often encroached for judge is easily controlled by outer factors. So, to ensure the judicial power is exercised normally, we should emphasize the independence of judicial power.
Second, the independence of judicature means the judicial power could only be exercised by judicial organs, not by any other unit.
Last but not least, it also means the judges only obey the law when they are exercising their functions and powers. But to guarantee the independence of judge, it should have two conditions. The first condition is that judges should be independent when they exercise their power, not influenced by his superior or any other judge. The other condition is the insurance of the judge’s profession, including the obtaining of profession , the maintaining of profession and the pay.
In our country, the judicial organs exercise the powers of prosecution and adjudication, not intervened by other authorities and person. It manifests the independence of judicial organs. But the state power is controlled by the national people’s congress in unison. The judicial organs are elected by the national people’s congress, whose status is lower than it. So, in our country, judicial organs have their own features. They can’t be explained by the international theory of the independence of judicature. But it doesn’t mean that we can ignore the serious problems in our judicial power, such as administrative interference and bureaucracy. How to establish our independence of judicature is a very important question now.

三十五、Comparison in legal families(两大法系比较)
The legal family of continental law and the legal family of common law are two different legal families in the world. They have different sources. The former takes the Roman law as its source. So, it is also called the legal family of Roman law. The latter is based on the common law from middle ages in England. So, it is also called the legal family of case law
The legal family of continental law is mainly distributed in Europe, American, Asia and Africa, such as France, Germany, Italy and so on. Of these, Europe is the place of origin and center area. While the legal family of common law is mainly distributed in England, America, Canada, Australia and so on..
The former are all states of statute law, so people always think the positive law is the main source of the continental law. But with the increase of the positive law in the legal family of common law, it is difficult to say the status of the positive law is their main difference. In fact, in the aspect of legal source, what characterizes the continental law is their codification. By contrast, the feature of the common law is their case law, which is formed from the court’s judgements. The case law follows the principle of staring decisis. Of course, in the legal family of continental law, they also admit the importance of the case, but the judge is not legislator, and the case is not the source of law.
Though there are many differences between the two legal families, they influence each other more and more strongly from the 20th century. And the trend of mixture will be going on in the future.

三十六、大陆法系与英美法系的区别(The Differences between Continental Law System and Anglo-American Law System)
The term 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 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 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 nineteenth-century French codes of law created by French jurists.
The differences between the two can be put as follows:
First, the basic distinction between the two systems lies in the sources of law upon which they rely. The Anglo-American Law System uses prior decided cases as very high sources of authority. Courts should adhere to the law as set forth in prior cases decided by the highest court. The judge should determine whether the principle derived from the prior cases is logically essential to their decision or is reasonable、appropriate to contemporary circumstances.
The Continental Law System on the other hand, is originated from codes of laws. When a conflict is presented to a court or lawyer, the immediate problem is to find the appropriate code provision concerning the situation and then to apply it to the problem at hand. Cases are not ignored, but they do not have anything binding authority on judges.
Second, it is the jurist who played an important role when the Continental Law System became what it is now, but, in the Anglo-American Law System, the judges contributed a lot.
Third, the Continental Law System pays more attention to substantial law[实体法],while the Anglo-American Law System stress on procedural law. The latter underlines trials、procedure、proof and execution.
Fourth, 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 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 law, and public law is the key part of it.
Finally, the concepts and vocabulary of them are not the same either. For example, “Civil law” of the Continental Law System and “Property law” in the Anglo-American Law System.
Though these differences mentioned above, a trend of collaboration can be seen nowadays. For example, our judicial system belongs to the Continental Law System, but we learned the institution of Independent Director from the Anglo-American Law System.


三十七、Procedure of law (程序制度)
The procedure of law is a comprehensive concept, including the procedure of legislation, the procedure of administration, the procedure of lawsuit and so on. Here I just talk about the procedure of lawsuit briefly.
The procedure of lawsuit is more complicated than other procedures. In China, it is made up of the criminal procedure law, the civil procedure law and the administrative litigation law.
In modern society, people have realized the importance of procedure laws in protecting of the system of rule law and democracy. Take criminal procedure law for example, to prevent the state power being abused, the criminal procedure law provides various restriction on filing case, arrest and other coercive measures, prosecution, conviction ,inter alias, those very strict procedural requirements on search and seizure. These requirements have played a very important role in protecting citizen’s fundamental rights.
To view the China’s procedure law system, we may see that the legislation concerning procedure law is in the process of further improvement, and judicial reformation is also under way. The aims of the reformation and improvement are to ensure basic functions of procedure laws, namely safeguarding the public orders while intensify in human rights protection and promoting judicial efficiency.

三十八、Case teaching and expository teaching(案例教学和板书教学)
Case teaching and expository teaching are two different teaching methods. The former passes on knowledge by the form of case analysis. The latter passes on knowledge by the form of writing on the blackboard. They have their own advantages and disadvantages.
The case teaching lays particular emphasis on enlightening students’ ideas. This method lets students get in touch with the real lawsuits in our life. So, it easily causes the students’ interest, and the interaction between the teacher and the students is very good. While expository teaching lays particular emphasis on the explanation of the knowledge, thus, the atmosphere of class may seem oppressive and the interaction between the teacher and the students is not so good as case teaching.
The expository teaching has the advantage of passing on knowledge systematically. By contrast, case teaching passes on knowledge scatteredly. So, it is hard to have a good grasp of the system of knowledge.
But case teaching has an advantage of fostering the students’ ability to think independently and ability to solve problems. Because the process of analyzing case is also the process of putting forward questions, pondering problems and solving problems. Most of the class time is left for students, and the teacher just plays a role of guiding. Students always find their weakness during this process and they can study others’ virtue. While expository teaching seems more or less dull. Though the teacher may ask students some questions, the protagonist is the teacher, not he students.
Anyway, the ultimate purpose of case teaching and expository teaching is the same. That is to pass on knowledge effectively and to foster the students’ abilities.

 

试题集锦:

1、do you like English? Why?
2、do you believe that china should be ruled by the law ? Why?
3、IF YOU are admitted, what do you plan to do?
4、传统中国人都希望自己的家庭里至少要有一个男孩,你如何看待这一问题?
5、你们当地有什么关于婚礼的习俗?
6、如何通过公共政策来限制私家车,增加公共汽车?
7、如何应对压力?
8、你做过的最失败的选择是什么?
9、性歧视的原因
10、当今中国的最大问题是什么?
11、如何与别人更好地交流?
12、你的专业与社会的关系密切吗?
12、你觉得做一个合格的听众需要什么特质?
14、你觉得如果在人大学习,你性格中的哪些因素会是你的障碍?
15、夫妻之间的职责是什么?

16、谈谈我国的司法体系。

17、你认为英语在你的生活中重要吗?
18、In your opinion, what is the most serious problem associated modern life?
19、How do you study English language?

20、Tell something about your family.

21、What do you want to achieve in your life in future?

22、What is the best way to learn law in china?

23、Why do you study law?

24、could you tell something about the separation of judicial system?
25、do you think that states has the right to take citizens' lives
26、what's the best way to learn law in China?
27、Talk something about WTO?
28、Do you think the legal system need some reform ? Why?
29、案例教学与板书教学比较?
30、对现行民法体系的看法?
31、法律和社会的关系?
32、如果你被录取,你有什么计划?
33、大陆法系与英美法系比较?
34、对司法独立有什么看法?
35、介绍我国的程序制度?
36、介绍我国的律师制度?
37、谈谈学习方法。
38、你为什么选择人大[为什么来人大上学],为何选择人大法学院?
39、你为什么选择法律(why do you want to study law)?
40、两大法系的区别。
41、中国司法制度评价(how do you konw aboaut legal system)。
42、法治。
43、法治改革的必要性。
44、介绍我国司法制度。
45、法律教育方法的看法(谈谈中国法学教育现状和改进)。
46、谈谈我的家庭?
47、评价我国的教育制度?
48、对联合国的看法?
49、对我国法律体系的看法?
50、你是否认为法官应该遵守法律?
51、毕业以后你想成为律师还是法官?
52、谈谈你对民主的认识。
53、简要介绍一下什么是福利社会。
54、简要介绍一下你的家庭。
 

 

(责任编辑:规源小编)
顶一下
(22)
91.7%
踩一下
(2)
8.3%
------分隔线----------------------------
发表评论
请自觉遵守互联网相关的政策法规,严禁发布色情、暴力、反动的言论。
评价:
表情:
用户名: 验证码:点击我更换图片
Copyright ©2010-2014 faxuejiaedu.com All Rirhts Reserved 咨询QQ:1253312325 咨询手机:15801402059 Power by DedeCms  京ICP备16987698号
姓名:
所在院校:
报考专业:
联系手机:
QQ:
问题咨询:
验证码: 看不清?点击更换