法律硕士英语复试对答.doc

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1、_自我介绍我的Hometown我的大学我的家庭你喜欢在大城市还是小城市生活。Honestly speaking,for those of us post-80 generation, it is not the question of whetherlike or not, but the question of survival. If I could find a satifying job in big city with good prospects, and after a few years I am able to afford to buy a flat, of course

2、I am willing to live in big city, after all, I come from a small city which has backward economy and few chances. Nevertheless, The small city, certainly has its benefits, such as lighter pressure of suvival, graceful environment.whats more, you can see you parents an any time.如果你被录取，但你有什么计划？If luck

3、ily I got the chance to study in Renmin University of China, i will concentrate on the study and reserch in this field. first of all i will try my best to pass the national judicial exam, which is held in this Septemper. so that I could spare some time to prepare for CPA while taking postgraduate co

4、urses. As you kown, it is more and more difficult to get a good job today, so, in my opinion, it is not a bad thing to master a second specility. Whats more, I am quite interesting in eonomics, and maybe I will work in foreign enterprise in future after my graduation. Besides, a good command of fore

5、ign language such as English is necessary for a law student. Whats more, in view of the status of the legal profession in our country，the inter-disciplinary talent who masters both laws and English is in great demand. So during the period my postgraduation study, I will learn the theoretical knowled

6、ge, constucting a a solid foundation for future profession, and improve my English to meet the demands of future work.大陆法系与英美法系比较？There are many different legal systems in the world. In fact, every nations legal system has its own characteristics. However , the degree of difference varies, with some

7、 systems bearing more resemblance to others. As a result, the world can be divided into several legal systems. Without doubt, the Common Law Legal System and the Roman Law legal system are the most important legal famlilies in the world. The usual distinction to be made between the two systems is th

8、at the common law system tends to be case-centred and hence judge-centred, On the other hand, the civil law system tends to be a codified body of general abstract principles which control the exercise of judicial discretion.Legal source differs：As to the Roman law legal system, both statute law and

9、case law are formal legal sources。While, the Common Law Legal System is mainly a case law system. Case law describes the entire body of judge-made law and today includeds common law and equity precedents.The classification of law differs：the Roman law legal system is divided into public and private

10、law，while the Common law system is divided into common law and equity law。案例教学与板书教学比较？the comparison of case method and lecture methodOn one hand, Case method is better for law study than lecture method, because it can provide practical training of legal skills which are important to lawyers, as wel

11、l as detailed legal knowledge to the law students. Case method is more suitable to a common law system. Furthermore, case method is helpful to develop critical thinking.However, this process of learning “how to think like a lawyer” has been criticized as having an advese impact both on the students

12、and the quality of future lawyering. Students, law teachers, and others have pointed to the alienation, hostility and aggression caused by use of the case method On the other hand, Lecture method is better for law study than case method, because it can provide more an clearer legal knowledge to the

13、students. In other words, it is more efficient for giving information. Lecture method is more suitable to a civil law system.In my humble opinion, the postgraduate teaching method is to place lecture methods first, case methods second. 简要介绍一下什么是福利社会？Well, what is a welfare society? The so-called wel

14、fare society, in fact that people are free of worries, enjoy a high degree, steady security and the quality of peoples life improve constantly with the development of society. To put it simply, a welfare society is a safe, prosperous, free and equal society. For my part, a welfare society, in effect

15、, is taken from the people be used on the people, that is the problem of the creation and distribution of wealth. As we all know, a backward country has little resource to allocate, so, a powerful economic strength is the precondition of a welfare society. Furthemore, when a nations economic aggrega

16、te is reach a certain scale, the system of wealth distribution and social security is in imperative demand. 评价我国的教育制度。法律教育方法的看法。（谈谈中国法学教育现状和改进）Over the last two decades, legal education has paralleled the growth of the legal profession. It is one of the most competitive academic disciplines in terms

17、 of university and college enrolment, and the number of judicial and legal training institutions continue to grow. The trend has been determined by a strong demand in the market for legal services, and the need to improve the professional quality of judges and prosecutors.Chinese judicial and legal

18、training facilities are divided into law schools, law universities and justice colleges; and specialized judicial and professional training centres.University admission is operated on a centralized enrolment system, in which admissions committees at the provincial level are under the Ministry of Edu

19、cation. Admission is granted on the basis of academic, physical and moral qualifications. Special allowances are made for minority nationality and overseas Chinese candidatesThe focus of Chinas education is to improve the countrys intellectual outlook and bring about competent students in all aspect

20、s of Chinas development. Chinas future relies on the younger generation to take China into the new century.对联合国的看法。The United Nations Organization or simply United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, ec

21、onomic development, social progress, human rights, and the achieving of world peace. The UN was founded in 1945 after World War II to replace the League of Nations, to stop wars between countries, and to provide a platform for dialogue. It contains multiple subsidiary organizations to carry out its

22、missions.There are currently more tha one handred member states, including nearly every sovereign state in the world. From its offices around the world, the UN and its specialized agencies decide on substantive and administrative issues in regular meetings held throughout the year.Since its founding

23、, there have been many calls for reform of the United Nations, Some want the UN to play a greater or more effective role in world affairs, The UN has also been accused of bureaucratic inefficiency and waste.Could you tell something about the separation of judicial system?对司法独立有什么看法Constitutionally,

24、the court system exercises judicial power independently and technically is free of interference from administrative organs, public organizations, and individuals. The Supreme Peoples Court supervises the administration of justice by local courts and special courts, while courts at higher levels over

25、see the administration of courts at lower levels. At each level, the courts are responsible to the organs of state power which created them. Judges are limited to two consecutive terms running concurrently with the National Peoples Congress or local peoples congresses.The separation of judicial syst

26、em is the principle that the judiciary should be politically insulated from the legislative and the executive power. That is, courts should not be subject to improper influence from the other branches of government, or from private interests.Judicial independence is the guarantee of a just judicial

27、system.Judiciary administration-rization problem must arouse in current reform of the judicial system attaching great importance to.评价中国司法制度。Chinas judicial system介绍中国司法制度。The judicial system of China is a complete compact set of peoples judicial system, which has played a unique role in the state s

28、ystem.Broadly speaking, the judiciary in China means law-enforcement activities conducted by the countrys judicial organs and organizations in handling prosecuted or non-prosecuted cases.In China, the structure of judicial system is as following:The judicial organization is the Peoples Court and it

29、has the judicial power;The procuratorial organization is the Peoples Procuratorate and it has the procuratorial power;The investigative organizations are the Public Security Organization and the State Security Organization, and they have the investigative powers;The judicial administrative organizat

30、ion is in charge of the affairs of judicial administration according to law.Besides, there are also the prison, and the special organizations of lawyer, notary, peoples mediation and arbitration which are all directed by the administrative organization. Under the PRC Constitution and the Law of Orga

31、nisation of the Peoples Courts, the judicial system is made up of the Supreme Peoples Court, the local peoples courts, military courts and other special peoples courts. The local peoples courts are comprised of the basic peoples courts, the intermediate peoples courts and the higher peoples courts.T

32、he peoples courts employ a two-tier appellate system. A party may appeal against a judgement or order of a local peoples court to the peoples court at the next higher level. Second judgements or orders given at the same level and at the next higher level are final. First judgements or orders of the

33、Supreme Peoples Court are also final.Merits and demerits of centralized court systems: it is easier for a centralized court system to set up a set of uniform standards and policies for trial work nationwide, and to prevent the interference of the local government, however the centralized court syste

34、m lacks flexibility and local accountability in trial work.It is natural for a decentralized court system to emphasize local responsibility and suitability in its trial work. However, the decentralized court system also has its shortcomings, such as the inconsistency in application of laws resulting

35、 from the different standards and policies applied by different judges.Its not a long time since Chinese judicial system was set up. So it is far more from complement in many aspects. There are many problems it mainly has, such as: The localization of judicial power; The decentralization of the judi

36、cial administration; The formalization of the supervision from the People Congress and so on. The above problems are seriously damaging not only the judicial system of China, but also the society and peoples psychology as well. So it has aroused the great attentions of Chinese people and their leadi

37、ng levels. We can say that, corresponding to the tide of the world today, a movement of judicial reform has begun in China.What is the Rule of Law? 法治改革的必要性 你相信中国会实行法治么？为什么？The rule of law does not have a precise definition, and its meaning can vary between different nations and legal traditions. Ge

38、nerally, however, it can be understood as a legal-political nation under which the law restrains the government by promoting certain liberty and creating order regarding how a country functions. One of the most commonly used phrases in contemporary China rule of law. The related concepts of governin

39、g the nation in accordance with law and building a socialist rule of law state have been part of Chinas official policy. The existence of the rule of law in China has been widely debated. The rule of law does not have a precise definition, and there are differing theories of the rule of law., In the

40、 most basic sense, the rule of law is a system that attempts to protect the rights of citizens from arbitrary and abusive use of government power incorporating the theory that the law is supreme, and that all citizens are equal before the law. Despite the newly elevated role of courts in Chinese soc

41、iety, there still remains some consensus about defects in Chinas legal system in regards to progressing towards the rule of law. First, the National Peoples Congress is ineffective at executing its constitutional duty to legislate and supervise the government Second, the Constitution is not treated

42、as the supreme law, nor is it enforced.Third, the judiciary is not independent from political pressure. Fourth, there is a high level of corruption among public officials. Personal favors, bribery, and taking of public monies are still existFinally, the legal profession is inadequate for lack of qua

43、lified attorneys and judges. Do you think the legal system need some reform? Why?对我国法律体系的看法For most of the history of China, its legal system has been based on the Confucian philosophy of social control through moral education, as well as the Legalist emphasis on codified law and criminal sanction.

44、Following the Revolution of 1911, the Republic of China adopted a largely Western-style legal code in the civil law tradition. The establishment of the Peoples Republic of China in 1949 brought with it a more Soviet-influenced system of socialist law. However, earlier traditions from Chinese history

45、 have retained their influence, even to the present.Law in China is currently undergoing gradual reform, as many elements inside and outside the country emphasize the need to strengthen the rule of law in China, and international trade and globalization spur transformations in various areas of Chine

46、se domestic law.Law in the Republic of China is mainly based on the civil law system. The legal structure is codified into the Six Codes: the Constitution, the Civil Code, the Code of Civil Procedures, the Criminal Code, the Code of Criminal Procedures, and Administrative laws.Chinas legal system an

47、d investment environment have been improved. And contitution-centered socialist legal system with Chinese characteristics has basically taken shape. So Chinas target is to establish a relatively complete socialist legal system with Chinese characteristics by 2010.Talk something about WTO?Until the e

48、nd of 1994, there was no international organization that dealt with trade issues between countries. The WTO came into being in 1995, The staff of the WTO was the same as that of the former GATT (the General Agreement on Tariffs and Trade)There are a number of ways of looking at the WTO. Its an organ

49、ization for liberalizing trade. Its a forum for governments to negotiate trade agreements. Its a place for them to settle trade disputes. It operates a system of trade rules. But its not Superman, just in case anyone thought it could solve all the worlds problems!Essentially, the WTO is a place where member governments go, to try to sort out the