2008年华东政法大学国际法专业博士入学考试英语试题

华东政法大学

2008年博士研究生入学考试英语试卷

第一部分基础英语试题

Part I: Grammar & Vocabulary (10%)

Directions: Choose the word or phrase that best completes each sentence and then mark your answers on your ANSWER SHEET 1.

1. We have lunch on the _______ of twelve every day.

A. strike

B. stroke

C. sound

D. beat

2. Even though he was more than sixty he had very few _______ on the face.

A. freckles

B. wrinkle

C. spots

D. dimples

3. We set ________ our task at once with great enthusiasm.

A. off

B. out

C. up

D. about

4. You should always switch ________ the electricity before going on holiday.

A. on

B. to

C. off

D. around

5. This conversation ________ a difference of opinion between us.

A. gave rise to

B. amounted to

C. went to

D. got

6. Don’t bother to look for my umbrella, it will _______ some day.

A. turn up

B. turn over

C. turn out

D. turn on

7. _______, we were just talking about the same thing.

A. too oddly

B. too strange

C. oddly enough

D. strength enough

8. If trade’s no better next month, we shall go ________ and then what will you do for jobs?

A. back

B. black

C. broke

D. blank

9. People who take part in sports must keep in ________.

A. ill health

B. bad condition

C. good handicap

D. good condition

10. They say that, without family life, old people go morally to _______.

A. die

B. bed

C. pieces

D. piece

11. I, ________ my part, was excited to see the great bell in the Kremlin.

A. for

B. as

C. in

D. on

12. They were _______ trying to frighten the public into obedience.

A. evidently

B. obvious

C. clear

D. in evidence

13. The ______ of thought in the country has turned against war.

A. tide

B. flood

C. current

D. currency

14. Wood furniture does not depreciate in value ________ properly handled and protected.

A. that

B. if

C. unless

D. whether

15. The police chief ordered that parking _______ on Main Street during the rush hour.

A. be prohibiting

B. be prohibited

C. is prohibited

D. was prohibited

16. _______ to give expression to my sub-conscious desire to move toward him, I would have

paused, for he was tremendous in his great height and strength.

A. If I was really about

B. If I were really about

C. Have I really been about

D. Had I really been about

17. The police admitted _________ a mistake in arresting an innocent man.

A. to make

B. to have made

C. to having made

D. to making

18. She listened carefully ________ she might discover exactly what he wanted.

A. so as that

B. in case

C. providing

D. in order that

19. They have _______ many horrible crimes against the American people.

A. done

B. made

C. took

D. committed

20. Use equal _______ of nuts and raisins in the cake.

A. quantities

B. quantity

C. in quality

D. in quantity

Part II: Reading Comprehension (25%).

Section A (20%)

Direction: There are 2 reading passages in this part. Each passage is followed by some questions or unfinished statements. For each of them there are four choices marked A, B, C, and D. You should decide on the best choice and mark the corresponding letter on the Answer Sheet 1 with a single line through the center.

Passage One

Questions 21 to 30 are based on the following passage.

The world has become so complicated that we’ve lost confidence in our ability to understand and deal with it. But common sense is useful now as it ever was. No amount of expertise substitutes for an intimate knowledge of a person or a situation. At times you just have to trust your own judgment.

It almost cost me my life to learn that. I was reading a book one day, idly scratching the back of my head, when I noticed that, in one particular spot, the scratching echoed inside my head like fingernails on an empty cardboard carton, I rushed off to my doctor.

“Got a hole in your head, have you?” he teased. “It’s nothing—just one of those little scalp nerves sounding off.”

Two years and four doctors later, I was still being told it was nothing. To the fifth doctor, I said, almost in desperation, “But I live in this body. I know something’s different.”

“If you won’t take my word for it, I’ll take an X-ray and prove it to you,” he said.

Well, there it was, of course, the tumor that had made a hole as big as an eye socket in the back of my skull. After the operation, a young resident paused by my bed. “It’s a good thing you’re so smart,” he said.” Most patients die of these tumors because we don’t know they’re there until it is too late.”

I’m really not so smart. And I’m too docile in the face of authority. I should have been more aggressive with those first four doctors. It’s hard to question opinions delivered with absolute certainty.

Experts always sound so sure. Nevile Chamberlain, the British prime minister, was positive, just before the start of World War II, that there would be “peace for our time.”Producer Irving Thalberg did not hesitate to advise Louis B. Mayer against buying the rights to Gone With the Wind because “no Civil War picture ever made a nickel.” Even Abraham Lincoln surely believed it when he said in his Gettysburg Address: “ The world will little note, nor long remember, what we say here…”

We should not, therefore, be intimidated by experts. When it’s an area we really know about—our bodies, our families, our houses — let’s listen to what the experts say, then, make up our own minds.

Notes:

1)cardboard carton: a box or container made of a stiff pasteboard of paper

2)scalp: the skin covering the head

3)eye socket: the opening or cavity in which the eye fits

4)docile: easily managed or taught

21. “It” in “…deal with it” (para.1) refers to ______

A. confidence

B. the world

C. ability

D. complication

22. “Expertise” in para.1 means______

A. common sense

B. expert skill or knowledge

B. unusual ability to appreciate D. personal experience

23. We have to trust our own judgment since ____

A. not all of us have acquired reliable expertise

B. experts often lose their common sense

C. experts may sometimes fail to give good advice

D. intimate knowledge of a person is not to be substituted for by expertise

24. “That” in “it almost cost me my life to learn that” (para. 2) refers to______

A. I can learn to trust my judgment

B. I can acquire an intimate knowledge of myself

C. common sense is not as useful as knowledge

D. expertise may not be reliable

25. While reading one day, the author______

A. found a hole at the back of his head

B. heard a scratching sound from a carton

C. noticed some echo from his head where he was scratching

D. noticed a sound coming out from his head

26. “tease” in para. 3 means______

A. to make fun of

B. to comfort

C. to reply

D. to disbelieve

27. “if you won’t take my word for it” in para.5 may be paraphrased _____.

A. if you don’t think my word is worth anything

B. if you don’t listen to my advice

C. if you don’t believe my judgment

D. if you prefer actions to words

28. “Skull” in para.6 most probably means ____.

A. the bony framework of the head

B. the surface skin of the head

C. the nerve system inside the head

D. the top part of the head

29. The author didn’t think he was smart (para.7)because ____.

A. he had already suffered for two years

B. he had not been able to put up with the pain

C. he had believed too much in expertise

D. he had formed too strong an opinion of himself

30. It happens that the examples given by the author _____.

A. all concern with wars

B. are taken from modern American history

C. have become popular themes in movies

D. have American Civil War as the background

Passage Two

Questions 31 to 40 are based on the following passage.

On cold days people in Manhattan like to take their children to Play Space, an indoor playground full of wonderful climbing and sliding contraptions. There’s just one irritating detail: when you pay your money, the cashier pulls out a felt-trip marker and an adhesive lapel tag and asks you your name.

“Frum,” I say.

“No, your first name.”

“What do you need my first name for?”

“To write on the tag, so all the children and the staff will know what to call you.”

“In that case, write ‘Mr. Frum.’”

At which I am shot a look as if I had asked to be called to Duke of Plaza Toro.

In encouraging five-year-olds to address grownups by their first names, PlaySpace is only slightly ahead of the times. As a journalist, I faithfully report that the custom of addressing strangers formally is as dead as the practice of leaving a visiting card.

There’s hardly a secretary left who does not reply, when I give a message fro her boss, “I’ll tell him you called, David.” Or a public relations agent, whether in Bangor or Bangkok, who does not begin his telephonic spiel with a cheerful “Hello, David!”

You don’t have to be a journalist to collect amazing first-name stories. Place a collect call, and the operator first-names you. The teenager behind the counter at a fast-food restaurant asks a 70-year-old customer for his first name before taking his order.

Habitual first-names claim they are motivated by nothing worse than uncontrollably high-spirited friendliness. I don’t believe it. I f I asked the fast-food order-takers to lend me $50, their friendliness would vanish in a whoosh. The PR man drops all his cheerfulness the moment he hears I won’t go along with his story idea. No, it’s not friendliness that drives first-namers; it’s aggression. The PR agents who call me David uninvited would never, if they could somehow get him on the phone, address press baron Rupert Murdoch that way. The woman at the bank who called me David would never first-name the bank’s chairman. Like the mock-cheery staff at PlaySpace, they are engaged in a smiley-faced act of belittlement, an assertion of power disguised as good cheer.

Notes

1) contraptions: (informal) mechanical devices; gadgets

2) felt-tip marker: 软笔尖的颜色笔

3) adhesive lapel tag:不干胶标牌

4) Duke of Plaza Toro: Duke is a nobleman with the highest hereditary rank, especially in Britain. Plaza Tora is Spanish, something like “Bull Fighting Ring” in English

5) Bangor: City of South central Maine

6) Bangkok: Capital of Thailand, 曼谷

7) spiel (slang) a lengthy, usually extravagant, speech or argument intended to be persuasive

8) collect call: a telephone call with payment to be made by the receiver

9) press baron: Baron is the lowest male rank of nobility, but here it stands for a man with great power in press

10) mock: simulated

31.T he author apparently regrets____

A. having to take his children to PlaySpace

B. being first-named

C. being approached so frequently by PR agents

D. having to put on an adhesive lapel tag

32. “PR” in paragraph6 stands for____

A. personal request

B. personal respect

C. public relations

D. public review

33. When the author, as a journalist, speaks on the phone___

A. he is usually very formal and faithful

B. he does not know whether a grownup or a child is speaking at the other end

C. he finds people address each other formally

D. he finds the secretary is often willing to pass a message

34. He often finds secretaries _____

A. irresponsible in answering phone calls

B. trustworthy in passing messages

C. not only friendly but also careful

D. calling him David

35. The author thinks that addressing a stranger by his first name is being____

A. cheerful

B. friendly

C. disrespectful

D. light-hearted

36. “As dead as” in paragraph 3 may be paraphrased as_____

A. as firmly fixed as

B. as useless as

C. as out of fashion as

D. as unmistakenly as

37. Habitual first-namers’ claim amounts to saying____

A. there’s nothing that can be worse than high-spirited friendliness

B. their attitude should be acceptable

C. they are sometimes too high-spirited to control themselves

D. one should control oneself while speaking to a stranger

38. The so-called high-spirited friendliness (para. 6) is actually____

A. cheerfulness in appearance but mockery in reality

B. out and out insult

C. a well-accepted skill in public relations

D. an act of outward warmth

39. “In a whoosh” in paragraph 6 means______

A. by all means

B. in the end

C. in a second

D. in reality

40. “I won’t go along with…” in paragraph 6 may be paraphrased as

A. I won’t believe……

B. I won’t go on listening…..

C. I won’t agree with….

D. I won’t stick to…..

Section B: Short Answer Questions (5%).

Directions:In this part there is a short passage with five questions or incomplete statements. Read the passage carefully. Then answer the questions or complete the statements in the fewest possible words. Write your answers on the ANSWER SHEET 2.

People do not analyze every problem they meet. Sometimes they try to remember a solution from the last time they had a similar problem. They often accept the opinions or ideas of other people. Other times they begin to act without thinking; they try to find a solution by trial and error. However, when all these methods fail, the person with a problem has to start analyzing. There are six stages in analyzing a problem. First the person must recognize that there is a problem. For example, Sam’s bicycle is broken, and he cannot ride it to class as he usually does. Sam must see that there is a problem with his bicycle. Next the thinker must define the problem. Before Sam can repair his bicycle, he must find the reason why it does not work. For instance, he must determine if the problem is with the gears, the brakes, or the frame. He must make his problem more

Now the person must look for information that will make the problem clearer and lead to possible solutions. For instance, suppose Sam decided that his bike does not work because there is something wrong with the gear wheels. At this time, he can look in his bicycle repair book and read about gears. He can talk to his friends at the bike shop. He can look at his gears carefully. After studying the problem, the person should have several suggestions for a possible solution. Take Sam as an illustration. His suggestions might be: put oil on the gear wheels; buy new gear wheels and replace the old ones; tighten or

Eventually one suggestion seems to be the solution to the problem. Sometimes the final idea comes very suddenly because the thinker suddenly sees something new or sees something in a new way. Sam, for example, suddenly sees that there is a piece of chewing gum between the gear wheels. He immediately realizes the solution to his problem: he must clean the gear wheels. Finally the solution is tested. Sam cleans the gear wheels and finds that afterwards his bicycle works perfectly. In short, he has solved the

Questions:

1. In analyzing a problem we should ___________

2. By referring to Sam’s broken bicycle, the author intends to _______

3. People may learn from____________.

4. As used in the last sentence, the phrase “in short” means __________.

5. The best title for this passage is ____________.

Part III: English Writing (15%)

DIRECTIONS: For this part, you are allowed 30 minutes to write a short essay on the following topic. You should write about 180 words and write your essay on the ANSWER SHEET 2.

How to Manage Time

1.The significance of time management.

2.How to manage time efficiently.

3.Conclusion.

[NOTE]:Marks will be awarded for content, organization, grammar and appropriacy.

Failure to follow the instruction may result in a loss of marks.

第二部分专业英语试题

Part I：Reading Comprehension (40%).

Direction: Read the following 4 passages carefully,decide on the best choice and mark the corresponding letter on the Answer Sheet 1 with a single line through the center. (2pointss for each, totally 40 points)

I. To follow the story of the Western legal tradition，and to accept it, is to confront implicit theories both of law and of history that are no longer widely accepted, at least in the universities. The theories that do prevail pose serious obstacles to an appreciation of the story.

The conventional concept of law as a body of rules derived from statutes and court decisions – reflecting a theory of the ultimate source of law in the will of the law maker ("the state") – is wholly inadequate to support a study of a transnational legal culture. To speak of the Western legal tradition is to postulate a concept of law, not as a body of rules, but as a process, an enterprise, in which rules have meaning only in the context of institutions and procedures, values, and ways of thought. From this broader perspective the sources of law include not only the will of the law maker but also the reason and conscience of the community and its customs and usages. This is not the prevailing view of law. But it is by no means unorthodox: it used to be said, and not long ago, that there are four sources of law: legislation, precedent, equity, and custom. In the formative era of the Western legal tradition there was not nearly so much legislation or so much precedent as there came to be in later centuries. The bulk of law was derived from custom, which was viewed in the light of equity (defined as reason and conscience). It is necessary

to recognize that custom and equity are as much law as statutes and decisions, if the story of the Western legal tradition is to be followed and accepted.

Beyond that, it is necessary to recognize that law in the West is formed into integrated legal systems, in each of which the various constituent elements take their meaning partly from the system as a whole. Further, each system is conceived to be a developing one; therefore, the meaning of each constituent element is derived not only from what the system has been in the past but also from what it is coming to be in the future. These, too, are not conventional truths of the prevailing "analytical jurisprudence,” which postulates a sovereign who issues commands in the form of rules and imposes sanctions for failure to apply them as "he willed" them to be applied – what Max Weber called the "formal rationality”, or "logical formalism" of Western law. And this is widely believed to be an accurate description, both by those who are against formalism and by those who are for it.

Harold J. Berman, LAW AND REVELUTION

41. According to the first paragraph, ______ .

(a) the story of Western legal tradition is not told today.

(b) the theories that prevail today are different than those reflected in the story of

Western legal tradition.

(c) Western legal tradition is not taught in universities today.

(d) the theories that prevail today contradict those reflected in the story of Western

legal tradition.

42. The conventional theory of law ______ .

(a)is that law reflects the will of the state.

(b)does not support the study of transnational law.

(c)regards law as a body of rules.

(d)is inadequate.

43. Which of the following statement is NOT mentioned in the second paragraph?

(a)The broader perspective of the sources of law is not the prevailing view of law.

(b)The traditional Western concept regards law as a process not just a body of rules.

(c)The sources of law include not only the will of the law maker but also that of the

judges.

(d)Western legal tradition rules have meaning only in the context of institutions and

procedures, values, and ways of thought.

44. “It is necessary to recognize that custom and equity are as much law as statutes

And decisions, if the story of the Western legal tradition is to be followed and

accepted.”Which of the following statement is closest in meaning with the

above statement?

(a) One has to follow and accept the story of the Western legal tradition.

(b) As far as law is concerned, if one accepts Western legal tradition, custom and

equity are equivalent to statutes and decision.

(c) There are as many statutes and decisions as custom and equity.

(d) If one believes the story of the Western legal tradition, one follows custom and

equity as law.

45. The underlined “which” in the first sentence of the third paragraph refers to ____ .

(a) law

(b) constituent element

(c) integrated legal system

(d) meaning

II. The Panel begins by recalling several statements made by the Appellate Body. On the one hand, the Appellate Body has clarified that, in order to be considered "necessary" to secure compliance, a measure does not need to be "indispensable". On the other hand, it should not just be simply "making a contribution to".

The Appellate Body has also clarified that the necessity of a measure may also be examined in the light of factors such as: the relative importance of the common interests or values that the law or regulation to be enforced is intended to protect (the more vital or important those common interests or values are, the easier it would be to accept as "necessary" a measure designed as an enforcement instrument); the extent to which the measure contributes to the realization of the end pursued, the securing of compliance with the law or regulation at issue (the greater the contribution, the more easily a measure might be considered to be "necessary"); and, the restrictive impact of the measure on imported goods (a measure with a relatively small impact upon imported products might more easily be considered as "necessary" than a measure with intense or broader restrictive effects). Again, in the words of the Appellate Body:

"In appraising the 'necessity' of a measure..., it is useful to bear in mind the

context in which 'necessary' is found in Article XX(d). …… It seems to us that a

treaty interpreter assessing a measure claimed to be necessary to secure

compliance of a WTO-consistent law or regulation may, in appropriate cases,

take into account the relative importance of the common interests or values

that the law or regulation to be enforced is intended to protect. The more

vital or important those common interests or values are, the easier it would

be to accept as 'necessary' a measure designed as an enforcement

instrument... There are other aspects of the enforcement measure to be

considered in evaluating that measure as 'necessary'. One is the extent to

which the measure contributes to the realization of the end pursued, the

securing of compliance with the law or regulation at issue. The greater the

contribution, the more easily a measure might be considered to be

'necessary'. Another aspect is the extent to which the compliance measure

produces restrictive effects on international commerce that is, in respect of a

measure inconsistent with Article III:4, restrictive effects on imported goods.

A measure with a relatively slight impact upon imported products might

more easily be considered as 'necessary' than a measure with intense or

broader restrictive effects..."

The Panel finds no reason to question the Dominican Republic's assertions in the sense that the collection of tax revenue (and, conversely, the prevention of tax evasion) is a most important interest for any country and particularly for a developing country such as the Dominican Republic.

WTO Panel Report “D ominican Republic – Measures

Affecting the Importation and Internal Sale of Cigarettes”

46. According to the first paragraph, the Appellate Body thinks that “necessary”

means ______ .

(a) indispensable

(b) making a contribution to

(c) both of the above

(d) neither of the above

47. Which of the flowing factors is NOT one to be considered in judging whether a

measure is “necessary”?

(a) interests or values that the law or regulation to be enforced is intended to protect

(b) the contribution of the measure to the realization of the end pursued

(c) the response of the public towards the measure

(d) the impact of the measure on imported goods

48. Which of the following statement is wrong?

(a) The more vital the common interests or values are, the easier for a measure to be

to accept as "necessary".

(b) The more insignificant the contribution, the more easily a measure might be

considered to be "necessary".

(c) A measure with intense or broader restrictive effects measure upon imported

products might less easily be considered as "necessary".

(d) A measure claims to be necessary should secure compliance of a WTO-consistent

law or regulation.

49. The underlined “end” in the second paragraph has a meaning closest to _____ .

(a) the aim

(b) the last pint of a journey

(c) a termination

(d) a result

50. There are several factors to be considered in judging whether a measure is

“necessary”. The last paragraph means that the panel thinks that Dominican Republic _____ .

(a) has satisfied all the factors.

(b) has satisfied one of the factors.

(c) has satisfied none of the factors.

(d) still has to prove that all the factors are satisfied.

III.It is better to prevent crimes than to punish them. This is the fundamental principle of good legislation, which is the art of conducting men to the maximum of happiness, and to the minimum of misery, if we may apply this mathematical expression to the good and evil of life. But the means hitherto employed for that purpose are generally inadequate, or contrary to the end proposed. It is impossible to reduce the tumultuous activity of mankind to absolute regularity; for, amidst the various and opposite attractions of pleasure and pain, human laws are not sufficient entirely to prevent disorders in society. Such, however is the chimera of weak men, when invested with authority. To prohibit a number of indifferent actions is not to prevent the crimes which they may produce, but to create new ones, it is to change at will the ideas of virtue and vice, which, at other times, we are told, are eternal and immutable. To what a situation should we be reduced if every thing were to be forbidden that might possibly lead to, a crime? We must be deprived of the use of our senses: for one motive that induces a man to commit a real crime, there are a thousand which excite him to those indifferent actions which are called crimes by bad laws. If then the probability that a crime will be committed be in proportion to the number of motives, to extend the sphere of crimes will be to increase that probability. The generality of laws are only exclusive privileges, the tribute of all to the advantages of a few.

Would you prevent crimes? Let the laws be clear and simple, let the entire force of the nation be united in their defence, let them be intended rather to favour every individual than any particular classes of men, let the laws be feared, and the laws only. The fear of

the laws is salutary, but the fear of men is a fruitful and fatal source of crimes. Men enslaved are more voluptuous, more debauched, and crueler than those who are in a state of freedom. These study the sciences, the interest of nations, have great objects before their eyes, and imitate them; but those, whose views are confined to the present moment, endeavour, amidst the distraction of riot and debauchery, to forget their situation; accustomed to the uncertainty of all events, for the laws determine none, the consequences of their crimes become problematical, which gives an additional force to the strength of their passions.

Cesare Beccaria, ON CRIMES AND PUNISHMENTS

51. The fundamental principle of good legislation is _____ .

(a) to conduct men to the maximum of happiness.

(b) to conduct men the minimum of misery.

(c) to prevent crimes than to punish them.

(d) to apply the mathematical expression to the good and evil of life.

52. According to the author, which of the followings is NOT true?

(a) Human laws are not sufficient entirely to prevent disorders in society.

(b) Some indifferent actions might possibly lead to crimes.

(c) The prohibition of a number of indifferent actions is to prevent crimes.

(d) The prohibition of a number of indifferent actions may create new crimes.

53. Which of the following descriptions is true?

(a) Bad laws increase the probability that a crime will be committed.

(b) Bad laws will not punish the real crime.

(c) Good laws call many indifferent actions crimes.

(d) Good laws tend to extend the sphere of crimes.

54. To prevent crimes, the author argues that _____ .

(a) the laws should not favour every individual.

(b) the laws should favour any particular classes of men.

(c) the men should be feared so as not to commit a crime.

(d) the laws should be feared by men.

55. The theme of these two paragraphs is: _____ .

(a) the origin of the punishments

(b) the means to prevent crimes

(c) the right to punish

(d) the proportion between crimes and punishments

IV. The difficult factual questions presented by new-economy antitrust cases are not limited to technical areas, unfortunately. The combination of intellectual property, network externalities, and rapid growth in consumer demand creates difficult questions involving the ascertainment and measurement of monopoly. Suppose a firm has 100 percent of some new-economy product market and charges a price for it that is greatly in excess of marginal cost. Suppose also that the product is one that involves economies of scale in consumption (that is, it is a network market) and the demand for it is growing very rapidly. This is a common new-economy scenario. Does the firm have a monopoly in an economically relevant sense? The ratio of price to marginal cost is meaningless, since often pricing intellectual property at marginal cost is nonremunerative (because marginal cost is lower than average total cost, owing to heavy fixed costs) and leads to bankruptcy. What about the market share? But one characteristic of intellectual property is its durability, and the more durable a product is, the fewer repeat sales the manufacturer will have. (It is different if the firm leases rather than sells its product.) New-economy firms