2022年考博英语-华东政法大学考前提分综合测验卷（附带答案及详解）套卷55

2022年考博英语-华东政法大学考前提分综合测验卷（附带答案及详解）1. 单选题. International lawLegal concepts of domestic law profoundly influence the way how one approaches and conceptualizes international law. James Crawford has observed that “it cannot be said too often that our thinking about law is infiltrated, marinated, drenched with the influence of national legal systems, with their characteristic ways of enforcing obligations and vindicating rights. We were all national lawyers first”. That is surely right (although the trend towards specialization that erodes the authority of generalists might also eventually expunge the memory of the domestic origins of the invisible college).The domestic law perspective applies with particular force to international treaties that combine a consensual form, prima facie reminiscent of the structure employed in the domestic law of contracts, with a substantive breadth, prima facie extending beyond the legal relationships that would be addressed by the law of contracts in domestic law. A convenient point of departure is the proposition made by Arnold McNair as long ago as in 1930, contrasting the variety legal forms employed by the domestic legal order with the sparseness of form by which international law addressed substantively comparable legal relationships: The internal laws of the modern state provide its members with a variety of legal instruments for the regulation of life within that community: the contract; the conveyance or assignment of immovable or movable property, which may be made for valuable consideration or may be a gift or an exchange; the gratuitous promise clothed in a particular form; the charter or private Act of Parliament creating a corporation; legislation, which may be constituent, such as a written constitution, fragmentary or complete, or may be declaratory of existing law, or create new law, or codify existing law with comparatively unimportant changes. Further, though rarely, we may find a constitutional document which closely resembles the international treaty itself.If the debate is put in a historical perspective, it may be said that the appropriateness of domestic analogies has been debated in slightly differing terms by each succeeding generation of international lawyers. In the late 19th century, Heinrich Triepel drew the distinction between treaties analogous to contracts properly so-called, where the contractual parties pursued opposing interests, and the law-making treaties analogous to agreements, where the contractual parties pursued common interests.In the inter-War period, Hersch Lauterpacht dismissed any practical value of the distinction, and made a powerful argument of analogy between domestic contract law on the one hand and the law of treaties and particular treaty regimes on the other hand. Conversely, McNair made an equally powerful argument for a broader list of possible analogies from domestic law, shifting the attention to public law, and in particular cases showing scepticism about the value of relying on private law.1.James Crawford thinks that _.2.Arnold McNair compared legal forms in domestic law with those of international law in 1930 and found that _.3.Heinrich Triepel made the distinction between _.4.From the last paragraph, we can see that Hersch Lauterpacht and McNair _.问题1选项A.the characteristic ways of enforcing obligations in national legal system decides the international legal systemB.influence of national legal systems get into ones thinking about lawC.national lawyers can do things betterD.international law is marinated by national law问题2选项A.for substantively comparable legal relationships there were much less forms of international lawB.international treaties resemble the structure employed in the domestic lawC.the domestic law perspective applies with particular force to international treatiesD.the gratuitous promise is clothed in a particular form问题3选项A.treaties and contractsB.international lawyers and domestic lawyersC.contractual partiesD.different types of treaties问题4选项A.disagreed on the nature of international lawB.both made analogies of international law to domestic lawC.applied different methodology in analyzing the relation between international law and domestic lawD.had different view in possible analogies【答案】第1题:B第2题:A第3题:D第4题:D【解析】1.推理判断题。根据题干关键词“James Crawford”定位到原文第一段James Crawford has observed that “it cannot be said too often that our thinking about law is infiltrated, marinated, drenched with the influence of national legal systems, with their characteristic ways of enforcing obligations and vindicating rights. We were all national lawyers first”.（詹姆斯克劳福德曾指出，“我们对法律的思考被国家法律体系的影响所渗透、浸泡、浸透，以及它们执行义务和维护权利的独特方式，这种情况不能说太多。我们首先都是国家律师”）可知选B选项“国家法律制度的影响进入人们对法律的思考”，同时可知A选项“在本国法律体系中履行义务的独特方式决定了国际法律体系”错误，我们对法律的思考被它们执行义务和维护权利的独特方式所影响，但是并没有说在本国法律体系中履行义务的独特方式能决定国际法律体系；C选项“国家律师可以做得更好”，D选项“国际法受国内法的制约”未提及。因此B选项正确。2.事实细节题。定位到原文第二段开头The domestic law perspective applies with particular force to international treaties that combine a consensual form, prima facie reminiscent of the structure employed in the domestic law of contracts, with a substantive breadth, prima facie extending beyond the legal relationships that would be addressed by the law of contracts in domestic law.（国内法的观点特别适用于国际条约，这些条约结合了协商一致的形式，表面上使人想起国内合同法所采用的结构，实质上具有广泛性，表面上超越了国内法中合同法所处理的法律关系）可知B选项“国际条约类似于国内法所采用的结构”，C选项“国内法的观点特别适用于国际条约”和原文相符；第一段the gratuitous promise clothed in a particular form（无偿的承诺是以一种特殊的形式体现出来的）可知D选项“无偿的承诺是以一种特殊的形式体现出来的”符合原文；A选项“就实质性可比的法律关系而言，国际法的形式要少得多”原文未提及。因此A选项符合题意。3.事实细节题。根据题干关键词“Heinrich Triepel”定位到原文第三段Heinrich Triepel drew the distinction between treaties analogous to contracts properly so-called, where the contractual parties pursued opposing interests, and the law-making treaties analogous to agreements, where the contractual parties pursued common interests.（海因里希特里佩尔区分了类似于合同的条约，即所谓的合同当事人追求对立利益的条约，以及类似于协议的立法条约，即合同当事人追求共同利益的条约）可知选D选项“不同类型的条约”；A选项“条约和合同”，B选项“国际律师和国内律师”以及C选项“合同方”和原文不符合。因此D选项符合题意。4.定位到原文最后一段In the inter-War period, Hersch Lauterpacht dismissed any practical value of the distinction, and made a powerful argument of analogy between domestic contract law on the one hand and the law of treaties and particular treaty regimes on the other hand. Conversely, McNair made an equally powerful argument for a broader list of possible analogies from domestic law, shifting the attention to public law, and in particular cases showing scepticism about the value of relying on private law.（在两次世界大战期间，Hersch Lauterpacht驳斥了这种区别的任何实际价值，并对国内合同法与条约和特定条约制度的法律之间的类比进行了强有力的论证。相反，麦克奈尔提出了一个同样有力的论点，认为可以从国内法中进行更广泛的类比，并将注意力转移到公法上，特别是那些对依靠私法的价值表示怀疑的案例）可知选D选项“在可能的类比中有不同的观点”；最后一段未提到他俩在国际法上有分歧，A选项“在国际法的性质上有分歧”错误；B选项“两者都将国际法与国内法进行了类比”和原文不符合；C选项“在分析国际法和国内法之间的关系时采用了不同的方法”在最后一段未提及。因此D选项正确。2. 单选题Three Yale University professors agreed in a panel discussion tonight that the automobile was what one of them called “Public Health Enemy No.1 in this country”. Besides polluting the air and congesting the cities, cars are involved in more than half the disabling accidents, and they cause heart disease “because we dont walk anywhere anymore,” said Dr. H. Richard Weinerman, professor of medicine and public health. Dr. Weinermans sharp criticism of automobile came in a discussion of human environment on Yale Reports, a radio program broadcast by Station WTIC in Hartford, Connecticut. The program opened a three-part series on “Staying Alive”. “For the first time in human history, the problem of mans survival has to do with his control of man-made dangers,” Dr. Weinerman said. “Before this, the problem had been the control of natural dangers.”Relating many of these dangers of the automobile, Arthur W. Galston, a professor of biology, said it was possible to make a kerosene-burning car that would “lessen smog by a very large factor”. But he expressed doubt that Americans were willing to give up moving about the countryside at 90 miles an hour in a large vehicle. “America seems wedded to the motor car every family has to have at least two, and one has to be a convertible with 300 horsepower,” Professor Galston continued. “Is this the way of life that we choose because we cherish these values?”For Paul B. Sears, professor of conservation, part of the blame lies with “a society that regards profit as a supreme value, under the false idea that anything thats technically possible is, therefore, ethically justified”. Professor Sears also called the countrys dependence on its modern automobile “lousy economics” because of the large horsepower used simply “moving one person to work”. But he agreed that Americans have painted themselves into a comer by allowing the national economy to become so reliant on the automobile industry.According to Dr. Weinerman, automobiles, not the factories, are responsible for two-thirds of the smog in American cities, and the smog presents the possibility of a whole new kind of epidemic, not due to one germ, but due to polluted environment. “Within another five to ten years, its possible to have an epidemic of lung cancer in a city like Los Angeles. This is a new phenomenon in health concern,” he said.The solution, he continued, is “not to find a less dangerous fuel, but a different system of inner-city transportation. Because of the increasing use of cars, public transportation has been allowed to wither and degenerate, so that if you cant walk to where you want to go, you have to have a car in most cities,” he asserted. This, in turn, Dr. Weinerman contended, is responsible for the “arteriosclerosis” of public roads, for the blight of the inner city and for the middle-class movement to the suburbs.1. The main idea of this article is that _.2.In paragraph 2, Professor Galston implies that _.3.In paragraph 3, Professor Sears implies that _.4.It can be inferred from Paragraph 5 that _.5.Dr. Weinerman would probably agree that _, if public transportation were improved.问题1选项A.Americans are too attached to their carsB.American cars run too fast and consume too much fuelC.the automobile industry has caused all this to happenD.automobiles endanger both the environment and people问题2选项A.people are more interested in fast automobiles than in their healthB.kerosene-burning cars would pollute the environment more seriously than gasoline-burning engines doC.Americans feel more closely connected to their cars than to the environmentD.it is not right for every family to have at least two cars问题3选项A.technology is always good for peopleB.technology is not always good for peopleC.financial profit is more important than technological advancementD.technological advancement will improve financial profit问题4选项A.a fuel less dangerous than gasoline must be foundB.people should get rid of their cars and take the bus to workC.public transportation should be improved so that people can become less dependent upon their cars for inner-city transportationD.the only solution to this problem is to build more high ways and more subways问题5选项A.the inner city might improveB.the middle class would move to the suburbsC.public roads would get worseD.there would still be an urgent need to build more highways【答案】第1题:D第2题:C第3题:B第4题:C第5题:A【解析】1.主旨大意题。定位到原文第一段中心句Three Yale University professors agreed in a panel discussion tonight that the automobile was what one of them called “Public Health Enemy No.1 in this country”. Besides polluting the air and congesting the cities, cars are involved in more than half the disabling accidents, and they cause heart disease（三位耶鲁大学教授在今晚的小组讨论中一致认为汽车是他们中的一位所说的“这个国家的头号公共卫生敌人”。除了污染空气和堵塞城市，汽车还与一半以上的致残事故有关，它们还会引发心脏病），第一段第一句点名文章主题：汽车对人类和环境造成了伤害。接下来几段围绕这一中心展开，则选D选项“汽车危害环境和人”；A选项“美国人太依赖他们的汽车了”，B选项“美国汽车跑得太快，消耗太多燃料”以及C选项“汽车工业导致了这一切的发生”都是片面内容，不足以概括全文。因此D选项正确。2.推理判断题。根据题干定位到第二段Relating many of these dangers of the automobile, Arthur W. Galston, a professor of biology, said it was possible to make a kerosene-burning car that would “lessen smog by a very large factor”. But he expressed doubt that Americans were willing to give up moving about the countryside at 90 miles an hour in a large vehicle. “America seems wedded to the motor car every family has to have at least two, and one has to be a convertible with 300 horsepower,” Professor Galston continued. “Is this the way of life that we choose because we cherish these values?”（生物学教授Arthur W. Galston在谈到汽车的许多这些危险时表示，制造一种燃烧煤油的汽车，“在很大程度上减少烟雾”是可能的。但他对美国人是否愿意放弃开着时速90英里的大型汽车在乡间穿梭表示怀疑。高尔斯顿教授继续说:“美国似乎已经和汽车密不可分每个家庭至少得有两辆，其中一辆必须是一辆300马力的敞篷车。”“这是我们选择的生活方式吗，因为我们珍惜这些价值?”）可知制造一种燃烧煤油的汽车，“在很大程度上减少烟雾”是可能的，但是从教授后面所说的话可以看到美国人可能不愿意这样做，不愿意为了环境减少用车或者改变一些用车习惯，则选C选项“美国人感觉与汽车的关系比与环境的关系更密切”；A选项“人们对高速汽车比他们的健康更感兴趣”，B选项“燃烧煤油的汽车比燃烧汽油的发动机污染环境更严重”在原文未提及；D选项“每个家庭至少有两辆车是不对的”，教授只是举每个家庭有两辆车的例子来证明自己所暗示的内容：美国人感觉与汽车的关系更密切。因此C选项符合题意。3.推理判断题。根据题干定位到第三段第一句For Paul B. Sears, professor of conservation, part of the blame lies with “a society that regards profit as a supreme value, under the false idea that anything thats technically possible is, therefore, ethically justified”.（对环境保护学教授Paul B. Sears来说，部分原因在于“一个将利润视为最高价值的社会，存在着一种错误的想法，即任何技术上可能的事情都因此在伦理上是正当的”）可知选B选项“技术并不总是对人有好处”，Paul B. Sears教授认为并不是技术上能实现的东西对人就是好的，同时可知A选项错误“科技总是对人有好处”，和原文相悖；C选项“财务利润比技术进步更重要”，D选项“技术进步将提高财政利润”未在文章内提及。因此B选项正确。4.推理判断题。根据题干定位到第五段The solution, he continued, is “not to find a less dangerous fuel, but a different system of inner-city transportation. Because of the increasing use of cars, public transportation has been allowed to wither and degenerate, so that if you cant walk to where you want to go, you have to have a car in most cities,” he asserted. This, in turn, Dr. Weinerman contended, is responsible for the “arteriosclerosis” of public roads, for the blight of the inner city and for the middle-class movement to the suburbs.（他接着说，解决办法是“不是找到一种危险性较小的燃料，而是一种不同的市内交通系统。由于汽车的使用越来越多，公共交通已经被允许萎缩和退化，因此，如果你不能步行到你想去的地方，你必须在大多数城市有一辆车，”他断言。Dr. Weinerman认为，这反过来又是造成公共道路“动脉硬化”的原因，也是造成市中心衰败和中产阶级向郊区迁移的原因）可知Dr. Weinerman认为目前的市内交通系统不合适，会导致人们更偏向于选择汽车，而这又会造成公共道路“动脉硬化”，解决方法不是找到一种危险性较小的燃料，而是改善目前的公共交通，选C选项“公共交通应该得到改善，这样人们就可以减少在市内交通中对汽车的依赖”，同时可知A选项“必须找到一种比汽油危险小的燃料”错误，B选项“人们应该摆脱他们的汽车，乘公共汽车去上班”逻辑关系错误，根据Dr. Weinerman的话，我们可知目前情况，公共交通不改善的话人们并不愿意摆脱汽车；D选项“解决这个问题的唯一办法是修建更多的高速公路和地铁”属于过度推断。因此C选项正确。5.推理判断题。根据题干定位到第五段This, in turn, Dr. Weinerman contended, is responsible for the “arteriosclerosis” of public roads, for the blight of the inner city and for the middle-class movement to the suburbs.（Dr. Weinerman认为，这反过来又是造成公共道路“动脉硬化”的原因，也是造成市中心衰败和中产阶级向郊区迁移的原因）可知Dr. Weinerman认为如果公共交通得到改善，市中心的情况会改善，中产阶级可能不会一致向郊区迁移，选A选项“市中心可能会改善”，同时可知B选项“中产阶级将搬到郊区”不符合原文；C选项“公共道路会变得更糟”未在原文中提及；D选项“仍然迫切需要建造更多的高速公路”过度推断，排除。因此A选项正确。3. 单选题One difficulty _ the components of economic movements lies in the fact that those components are not completely independent of one another.问题1选项A.of isolationB.in isolatingC.will isolateD.to isolate【答案】B【解析】考查非谓语动词。One difficulty为主语，lies in谓语，the fact宾语，that引导同位语从句，_the components of economic movements为定语修饰主语。本句已经有谓语动词，则C选项错误，C选项代入句子中会在一个句子内出现两个谓语，导致句子结构错误；difficulty后常接“in+ v -ing”作定语，in有时可省去，不用动词不定式，则排除A， D选项。句意：孤立经济运动的各个组成部分的一个困难在于，这些组成部分并不是完全相互独立的。因此B选项正确。4. 单选题By the time you arrive in London, we _ in Europe for two weeks.问题1选项A.shall stayB.have stayedC.will have stayedD.have been staying【答案】C【解析】考查时态。by the time引导的时间状语从句中使用了一般现在时表将来，主句应用将来时，因此排除A，B，D选项。句意：当你到达伦敦时，我们将已经在欧洲_两周了。因此C选项正确。5. 单选题The young applicant is under great _ at the thought of up-coming job interview.问题1选项A.comprehensionB.apprehensionC.miscomprehensionD.concern【答案】B【解析】考查名词辨析。A选项comprehension“理解（理解某事的能力）；包含”；B选项apprehension“理解（理解的人的认知状况）；恐惧（一种害怕坏事可能发生的感觉）；逮捕；忧惧”；C选项miscomprehension“误解”；D选项concern“担心，忧虑（尤指许多人共有的忧虑）；关爱，关心；关心的事，负责的事；关系；公司，企业；（非正式）复杂的物体”。句意：那个年轻的应征者一想到即将到来的工作面试就_。本句表示“应征者担心工作面试”。因此B选项正确。6. 单选题Only when children make _ efforts can they become successful.问题1选项A.arduousB.adequateC.affluentD.abundant【答案】B【解析】考查形容词辨析。A选项arduous“努力的；费力的；险峻的”；B选项adequate“充足的（能满足需要的，不强调富余）；适当的；胜任的”；C选项affluent“富裕的；丰富的（有很多钱和良好的生活水平）；流畅的”；D选项abundant“丰富的；充裕的；盛产的（着重某物极为丰富有或大量的供应）”。句意：只有当孩子们做出足够的努力，他们才能成功。本句表达“足够的努力”，因此B选项正确。7. 单选题Three Yale University professors agreed in a panel discussion tonight that the automobile was what one of them called “Public Health Enemy No. l in this country”. Besides polluting the air and congesting the cities, cars are involved in more than half the disabling accidents, and they cause heart disease “because we dont walk anywhere anymore,” said Dr. H. Richard Weinerman, professor of medicine and public health. Dr. Weinermans sharp criticism of automobile came in a discussion of human environment on Yale Reports, a radio program broadcast by Station WTIC in Hartford. Connecticut. The program opened a three-part series on “Staying Alive”. “For the first time in human history, the problem of mans survival has to do with his control of man-made dangers,” Dr. Weinerman said. “Before this，the problem had been the control of natural dangers.”Relating many of these dangers of the automobile, Arthur W. Galston, a professor of biology, said it was possible to make a kerosene-burning car that would “lessen smog by a very large factor”. But he expressed doubt that Americans were willing to give up moving about the countryside at 90 miles an hour in a large vehicle. “America seems wedded to the motor car - every family has to have at least two, and one has to be a convertible with 300 horsepower,” Professor Galston continued. “Is this the way of life that we choose because we cherish these values?”For Paul B. Sears, professor of conservation, part of the blame lies with “a society that regards profit as a supreme value，under the false idea that anything thats technically possible is, therefore，ethically justified”. Professor Sears also called the countrys dependence on its modern automobile “lousy economics” because of the large horsepower used simply “moving one person to work”. But he agreed that Americans have painted themselves into a comer by allowing the national economy to become so reliant on the automobile industry.According to Dr. Weinerman, automobiles, not the factories, are responsible for two-thirds of the smog in American cities, and the smog presents the possibility of a whole new kind of epidemic, not due to one germ, but due to polluted environment. “Within another five to ten years, its possible to have an epidemic of lung cancer in a city like Los Angeles. This is a new phenomenon in health concern,” he said.The solution, he continued, is “not to find a less dangerous fuel，but a different system of inner-city transportation. Because of the increasing use of cars, public transportation has been allowed to wither and degenerate, so that if you cant walk to where you want to go, you have to have a car in most cities,” he asserted. This, in turn, Dr. Weinerman contended, is responsible for the “arteriosclerosis” of public roads, for the blight of the inner city and for the middle-class movement to the suburbs.1.The main idea of this article is that _.2.In Paragraph 2, Professor Galston implies that _.3.In paragraph 3, Professor Sears implies that _.4.It can be inferred from Paragraph 5 that _.5.Dr. Weinerman would probably agree that _, if public transportation were improved.问题1选项A.Americans are too attached to their carsB.American cars run too fast and consume too much fuelC.The automobile industry has caused all this to happenD.automobiles endanger both the environment and people问题2选项A.people are more interested in fast automobiles than in their health.