2022年考博英语-华东政法大学考前拔高综合测试题（含答案带详解）第9期

2022年考博英语-华东政法大学考前拔高综合测试题（含答案带详解）1. 单选题No one is so _ as the person who has no wish to learn.问题1选项A.sensibleB.ignorantC.uselessD.simple【答案】B【解析】考查形容词辨析。A选项sensible“明智的；通情达理的；合乎情理的；意识到的；能感觉到的”；B选项ignorant“无知的；愚昧的”；C选项useless“无用的；无效的”；D选项simple“简单的；单纯的；天真的”。句意：没有人比不愿学习的人更_。本句表达“比不愿意学习的人更无知”，因此B选项正确。2. 单选题I. JurisprudenceMany readers will remember that during the electoral debacle in Florida in 2000, the Rule of Law was invoked at each stage on all sides of every issue, culminating in the famous dissent by Justice Stevens in Bush v. Gore: “Although we may never know with complete certainty the identity of the winner of this years Presidential election, the identity of the loser is perfectly clear. It is the Nations confidence in the judge as an impartial guardian of the Rule of Law.”Thousands of other examples could be cited. The Rule of Law is seen as a fragile but crucial ideal, and one that is appropriately invoked whenever governments try to get their way by arbitrary and oppressive action or by short-circuiting the norms and procedures laid down in a countrys laws or constitution. Interfering with the courts, jailing someone without legal justification, detaining people without any safeguards of due process, manipulating the constitution for partisan advantage all these are seen as abuses of the Rule of Law.I would like to consider the role of this ideal in general jurisprudence, that is, in the conceptual work that we do in legal philosophy when we try to explain what law is. I am going to argue for two propositions: I shall argue that our understanding of the Rule of Law and our understanding of the concept of law ought to be much more closely connected than they are in modern jurisprudence; I shall argue also that our understanding of the Rule of Law should emphasize not just the value of settled, determinate rules and the predictability that they make possible, but also the importance of the procedural and argumentative aspects of legal practice.I shall argue, moreover, that these two propositions are connected. It is much easier to grasp the connection between the Rule of Law and the concept of law when we understand the Rule of Law at least partly in terms of procedural and argumentative themes than when we see it purely in terms of determinacy and predictability. The procedural aspect of the Rule of Law helps bring our conceptual thinking about law to life; and an understanding of legal systems that emphasizes argument in the courtroom as much as the existence and recognition of rules provides the basis for a much richer understand of the values that the Rule of Law comprises in modern political argument.51. According to the first paragraph, which of the following is NOT correct?52. According to the author, which of the following is NOT an abuse of the Rule of Law?53. According to the 3rd paragraph, the author thinks that _.54. Which statement is correct according to the 4th paragraph?问题1选项A.Justice Stevens did not agree with the majority of the Justices.B.The year 2000 was a year where Presidential election was held.C.The Justices knew who the loser was in the election.D.At every stage of the debate, the Rule of Law was invoked.问题2选项A.Letting the court decide the final result of the Presidential election.B.Arresting someone without any safeguards of due process.C.A government agency giving orders to courts for specific cases.D.Putting someone into jail without a trial by court.问题3选项A.the scholars understanding of the Rule of Law is correctB.the understanding of the Rule of Law should emphasize both the substantive and procedural aspectsC.when people try to explain what law is, they talk about the Rule of LawD.laws are settled, determinate rules问题4选项A.One should look at the Rule of Law at least partly in terms of procedural and argumentative themes.B.The Rule of Law should be seen purely in terms of determinacy and predictability.C.It is much easier to grasp the connection between the Rule of Law and the concept of law.D.Understanding of laws both as rules and as those used in courtrooms helps to understand the Rule of Law.【答案】第1题:A第2题:C第3题:B第4题:A【解析】51. 【试题答案】A【试题解析】事实细节题。根据题干定位到原文第一段the Rule of Law was invoked at each stage on all sides of every issue, culminating in the famous dissent by Justice Stevens in Bush v. Gore（每一个阶段，每个问题的各方都援引了法治，最终以大法官史蒂文斯在布什诉戈尔案中提出的著名异议告终），结合法律知识，此处的异议是指案外人对执行标的提出不同的意见，而不是大法官史蒂文斯不同意大多数人的意见，A选项“法官史蒂文斯不同意大多数法官的意见”和原文不符，同时可知D选项“辩论的每一阶段都援引了法治”符合原文；第一段Many readers will remember that during the electoral debacle in Florida in 2000 （许多读者会记得2000年佛罗里达选举失败时的情形）可知2000年正在进行总统选举，B选项“2000年是总统选举举行的一年”符合原文；第一段Although we may never know with complete certainty the identity of the winner of this years Presidential election, the identity of the loser is perfectly clear. It is the Nations confidence in the judge as an impartial guardian of the Rule of Law.（尽管我们可能永远无法完全确定今年总统选举的赢家是谁，但输家的身份是非常清楚的。这是国家对法官作为法治公正监护人的信任）可知C选项“法官们知道谁是选举中的失败者”符合原文。因此A选项符合题意。52. 【试题答案】C【试题解析】事实细节题。根据题干关键词“an abuse of the Rule of Law”定位到原文第二段Interfering with the courts, jailing someone without legal justification, detaining people without any safeguards of due process, manipulating the constitution for partisan advantage all these are seen as abuses of the Rule of Law.（干涉法庭、在没有法律依据的情况下监禁某人、在没有正当程序保障的情况下拘留人、为党派利益操纵宪法所有这些都被视为对法治的滥用）可知A选项“让法院决定总统选举的最终结果”，B选项“在没有任何正当程序保障的情况下逮捕某人”，D选项“未经法庭审判就把某人关进监狱”属于对法治的滥用，A选项属于为党派利益操纵宪法，法院不能直接决定总统选举的结果。C选项“针对特定案件向法院下达命令的政府机构”不属于原文所提到的对法治的滥用。因此C选项正确。53. 【试题答案】B【试题解析】推理判断题。根据题干定位到原文第三段I shall argue also that our understanding of the Rule of Law should emphasize not just the value of settled, determinate rules and the predictability that they make possible, but also the importance of the procedural and argumentative aspects of legal practice.（我还认为，我们对法治的理解不仅应强调既定的、确定的规则的价值和它们使之成为可能的可预测性，而且还应强调法律实践的程序和辩论方面的重要性）可知作者认为对法治的理解还应该强调实体和程序两个方面，选B选项“对法治的理解应该强调实体和程序两个方面”，同时可知D选项“法律是既定的，确定的规则”不符合原文，原文只是说不仅应该强调既定的，确定的规则，不能过度推测出法律是既定的，确定的规则；A选项“学者们对法治的理解是正确的”和C选项“当人们试图解释什么是法律时，他们谈论的是法治”第三段未涉及，排除。因此B选项正确。54. 【试题答案】A【试题解析】推理判断题。根据题干定位到原文第四段It is much easier to grasp the connection between the Rule of Law and the concept of law when we understand the Rule of Law at least partly in terms of procedural and argumentative themes than when we see it purely in terms of determinacy and predictability.（当我们至少部分地从程序性和辩论性的主题来理解法治时，要比单纯地从确定性和可预见性来理解法治时，更容易理解法治与法律概念之间的联系）可知选A选项“人们应该至少从程序和辩论主题的角度看法治”，同时可知B选项“法治应该纯粹从确定性和可预见性的角度来看待”和原文相悖，以及C选项“更容易把握法治与法律概念之间的联系”不完整；第四段and an understanding of legal systems that emphasizes argument in the courtroom as much as the existence and recognition of rules provides the basis for a much richer understand of the values that the Rule of Law comprises in modern political argument.（而对法律制度的理解，既强调法庭上的辩论，也强调规则的存在和承认，为更丰富地理解法治在现代政治辩论中所包含的价值提供了基础）可知同时强调法庭上的辩论和规则的存在能帮助对法律制度的理解，而对法律制度的理解为了丰富地理解法治在现代政治辩论中所包含的价值提供了基础，D选项“将法律理解为规则和法庭上使用的规则有助于理解法治”和原文有偏差，排除。因此A选项正确。3. 单选题This law _ the number of accidents caused by children running across the road when they get off the bus.问题1选项A.is intended to reduceB.intends to be reducedC.intends reducingD.is intended reducing【答案】A【解析】考查语态和固定搭配。intend to do sth.“打算做某事；盘算做某事；旨在做；筹划做某事”，主语law“法律”和intend的关系是被动，被旨在做；句意：这项法律旨在减少儿童下车时跑过马路造成的事故数量。因此A选项正确。4. 单选题_ for your help, I could not have accomplished the dissertation.问题1选项A.Had it been notB.Had not it beenC.Had not been itD.Had it not been【答案】D【解析】考查虚拟语气。当主句：主语 + should/would/could/might + have done，从句：If 主语 + had + done，表示和过去事实相反的情况，其中if可以省略。虚拟语气if省略时，句中的动词were、had或should和主语倒装，构成部分倒装：只需要将谓语中的助动词或情态动词置于主语之前。因此D选项正确。5. 单选题Police fired tear gas and arrested more than 5,000 passively resisting protestors Friday in an attempt to break up the largest antinuclear demonstration ever staged in the United States. More than 135,000 demonstrators confronted police on the construction site of a 1,000-megawatt nuclear power plant scheduled to provide power to most of southern New Hampshire. Organizers of the huge demonstration said, the protest was continuing despite the police actions. More demonstrators were arriving to keep up the pressure on state authorities to cancel the project. The demonstrator had charged that the project was unsafe in the densely populated area, would create thermal pollution in the bay, and had no acceptable means for disposing of its radioactive wasters. The demonstrations would go on until the jails and the courts were so overloaded that the state judicial system would collapse.Governor Stanforth Thumper insisted that there would be no reconsideration of the power project and no delay in its construction set for completion in three years. “This project will begin on time and the people of this state will begin to receive its benefits on schedule. Those who break the law in misguided attempts to sabotage the project will be dealt with according to the law,” he said. And police called in reinforcements from all over the state to handle the disturbances.The protests began before dawn Friday when several thousand demonstrators broke through police lines around the cordoned-off construction site. They earned placards that read “No Nukes is Good Nukes,” “Sun power, Not Nuclear Power” and “Stop Private Profits from Public Peril”. They defied police order to move from the area. Tear gas canisters fired by police failed to dislodge the protestors who had come prepared with their own gas masks or facecloths. Finally gas-masked and helmeted police charged into the crowd to drag off the demonstrators one by one. The protestors did not resist police, but refused to walk away under their own power. Those arrested would be charged with unlawful assembly, trespassing, and disturbing the peace.41. _ were the demonstrators protesting about?42. Who had gas-masks?43. Which of the following was NOT mentioned as a reason for the demonstration?44. With whom were the jails and courts overloaded?45. What is the attitude of Governor Stanforth Thumper toward the power project and the demonstration?Notes: 1. cordon 警戒线，警戒；2. nuke （美俚）核武器，核电站；3. defy 公然，蔑视；4. canister 罐，筒，榴霰弹筒；5. dislodge 赶走问题1选项A.Private profitsB.Nuclear Power StationC.The project of nuclear power constructionD.Public peril问题2选项A.EverybodyB.A part of the protestorsC.PolicemenD.Both B and C问题3选项A.Public transportationB.Public perilC.PollutionD.Disposal of wastes问题4选项A.With prisonersB.With arrested demonstratorsC.With criminalsD.With protestors问题5选项A.stubbornB.insistentC.insolvableD.remissible【答案】第1题:C第2题:D第3题:A第4题:B第5题:A【解析】41. 【试题答案】C【试题解析】推理判断题。根据题干定位到原文第一段Police fired tear gas and arrested more than 5,000 passively resisting protestors Friday in an attempt to break up the largest antinuclear demonstration ever staged in the United StatesOrganizers of the huge demonstration said, the protest was continuing despite the police actions. More demonstrators were arriving to keep up the pressure on state authorities to cancel the project.（周五，在试图驱散美国有史以来规模最大的反核示威活动中，警方发射了催泪瓦斯，并逮捕了5000多名消极反抗的抗议者。越来越多的示威者涌来，继续向国家当局施压，要求取消这个项目）以及第二段开头Governor Stanforth Thumper insisted that there would be no reconsideration of the power project and no delay in its construction set for completion in three years.（斯坦福斯桑珀州长坚持说，不会重新考虑这个电力项目，也不会推迟计划在三年内完成的建设）可知示威者抗议的是核电建设项目，核电站还未建成，选C选项“核电建设项目”，同时可知B选项“核电站”错误；A选项“私人利润”以及B选项“公共危机”和原文不符。因此C选项正确。42. 【试题答案】D【试题解析】事实细节题。根据题干关键字“gas-masks”定位到原文最后一段Tear gas canisters fired by police failed to dislodge the protestors who had come prepared with their own gas masks or facecloths. Finally gas-masked and helmeted police charged into the crowd to drag off the demonstrators one by one.（警察发射的催泪弹并没有把带着防毒面具或面罩的抗议者赶走。最后，戴着防毒面具和头盔的警察冲进人群，一个一个地拖走了示威者）可知警察和示威者都有防毒面具，选D选项“B和C”；A选项“每个人”范围太大；B选项“一部分抗议者”以及C选项“警察”都不完整。因此D选项正确。43. 【试题答案】A【试题解析】事实细节题。根据题干定位到原文第一段The demonstrator had charged that the project was unsafe in the densely populated area, would create thermal pollution in the bay, and had no acceptable means for disposing of its radioactive wasters.（示威者指责该项目在人口密集的地区是不安全的，会对海湾造成热污染，而且没有可接受的处理放射性废料的方法）可知B选项“公共危险”，C选项“污染”，D选项“废物的处置”都有提及；A选项“公共交通”未提及。因此A选项符合题意。44. 【试题答案】B【试题解析】推理判断题。根据题干关键字“jails and courts”定位到原文第一段最后一句The demonstrations would go on until the jails and the courts were so overloaded that the state judicial system would collapse.（示威活动将持续下去，直到监狱和法院超负荷运转，以致国家司法系统崩溃）可知示威者准备通过坐牢这一途径表示绝不服输，选B选项“被捕的示威者”，被捕的示威者最可能导致监狱和法庭超载，同时可知D选项“示威者”错误，示威者还没有到被捕的程度，不是最佳选择；A选项“囚犯”和C选项“罪犯”与原文无关。因此B选项正确。45. 【试题答案】A【试题解析】观点态度题。根据题干关键字“Stanforth Thumper”定位到原文第二段Governor Stanforth Thumper insisted that there would be no reconsideration of the power project and no delay in its construction set for completion in three years.（斯坦福斯桑珀州长坚持说，不会重新考虑这个电力项目，也不会推迟计划在三年内完成的建设）以及第二段This project will begin on timeAnd police called in reinforcements from all over the state to handle the disturbances.（这项工程将按时开始警方从整个州调来了增援部队来处理骚乱）可推测斯坦福斯桑珀不会因为外界的影响改变决定，即使动用警力也在所不惜，选A选项“固执”；B选项“坚持”的程度没有A选项深，不能更确切地表达斯坦福斯桑珀的观点；C选项“不能解决的”以及D选项“可宽恕的”和原文无关。因此A选项正确。6. 单选题. SociologyThis paper investigates a unique feature of post 9/11 developments in law: the tacit circumvention of constitutional balancing, an otherwise core feature in jurisprudence, as well as in legislation, policy making and law enforcement. Balancing refers to the process of weighting how intrusive certain means are in comparison to the ends provided of course, that the ends are legitimate. The concept of proportionality is corollary here: in order to assess the relationship between the means employed and the aims sought to be realized, one needs to asses three criteria: effectiveness, necessity, and the degree harm inflicted. However, in current political debates, when anti-terrorist law enforcement measures are involved, the long held golden rule for policy making has been replaced by another, substantially empty rhetoric: the inherently false dichotomy of the “liberty vs. security”-binary. The paper will have the anti-terrorist law enforcement measures in focus, but the rhetoric is sweeping: it has been extended to, copied in, and merged with crime control measures and immigration control as well.The uniqueness of this New World is, thus, twofold: First, new standards have been set up (required and accepted) for government activism in the sphere of curtailing freedom as an exchange for security. People (the political class, the electorate) appear to be willing to reformulate the traditional balance between liberty and security: a little bit more documents and ID-checks, longer lines and more flexible search-warrants seem an acceptable tax levied in return for more stringent demands for government-provided security. For example, once being convinced that we actually need to be searched and surveilled for aviation safety, for a faster process, we are willing to giving up some of our privacy and enter a full body scanner. It seems to be the case that there is a broad consensus on the fact that traditional policing principles or, for that matter, the law of the Geneva Conventions have become unsuited for handling the peculiar warfare put on by suicide bombers and terrorist organizations. Just about everywhere in the world, the war against terrorism has had the effect of widening the control functions of the national security and immigration services, as well as of other law enforcement authorities. The expanded measures and procedures thus introduced were often ones that legislators and law enforcement officials otherwise only had dreamed of attaining, but this time around, they could take advantage of changes in the public sentiment due to societys shock over the tragic events and fear spreading in their wake.1.The constitutional balancing is a core feature in the flowing BUT _.2.What is the golden rule for policy making according to the author?3.People appear to be willing to accept the following in return for more security, EXCEPT _.4.What is NOT a cause for introduction of measures that legislators and law enforcement officials otherwise only had dreamed of attaining, according to the author?问题1选项A.law enforcementB.policy makingC.jurisdictionD.legislation问题2选项A.Assess the relationship between the means employed and the aims sought to be realized.B.Effectiveness, necessity, and the degree harm inflicted.C.Liberty vs. security.D.Constitutional balancing.问题3选项A.more documents and ID-checksB.longer linesC.more flexible search-warrantsD.acceptable tax问题4选项A.Changes in the public sentiment due to societys shock.B.People are willing to giving up some of their privacy.C.The tragic events and fear spreading.D.A broad consensus on the fact that traditional policing principles have become unsuited.【答案】第1题:C第2题:A第3题:D第4题:B【解析】1.事实细节题。根据题干关键词“constitutional balancing”定位到原文第一段第一句This paper investigates a unique feature of post 9/11 developments in law: the tacit circumvention of constitutional balancing, an otherwise core feature in jurisprudence, as well as in legislation, policy making and law enforcement.（本文探讨了“9.11”事件后法律发展的一个独特特征：对宪法平衡的默认规避，这是法理学以及立法、决策和执法的一个核心特征）可知A选项“执法”，B选项“决策”，D选项“立法”和原文相符，C选项“管辖”未涉及。因此C选项符合题意。2.推理判断题。根据题干定位到原文第一段The concept of proportionality is corollary here: in order to assess the relationship between the means employed and the aims sought to be realized, one needs to asses three criteria: effectiveness, necessity, and the degree harm inflicted. However, in current political debates, when anti-terrorist law enforcement measures are involved, the long held golden rule for policy making has been replaced by another, substantially empty rhetoric: the inherently false dichotomy of the “liberty vs. security”-binary.（相称性的概念在这里是必然的：为了评估所使用的手段和寻求实现的目标之间的关系，需要评估三个标准：有效性、必要性和造成的伤害程度。然而，在当前的政治辩论中，当涉及到反恐执法措施时，长期以来被奉为制定政策的黄金法则已经被另一个实质上空洞的辞令所取代：固有的错误的“自由与安全”二元对立）推断出黄金法则就是前面提到的相称性的概念，可知选A选项“评估所使用的手段与寻求实现的目标之间的关系”，B选项“有效性、必要性和造成损害的程度”的目的是为了A选项，不符合题意，C选项“自由与安全”错误，和原文相悖；第一段第一句This paper investigates a unique feature of post 9/11 developments in law: the tacit circumvention of constitutional balancing, an otherwise core feature in jurisprudence, as well as in legislation, policy making and law enforcement.（本文探讨了9/11后法律发展的一个独特特征：对宪法平衡的隐性规避，这是法学以及立法、政策制定和执法的一个核心特征）可知D选项“宪法平衡”是政策制定的核心特征而不是黄金法则。因此A选项符合题意。3.事实细节题。根据题干定位到原文第二段People (the political class, the electorate) appear to be willing to reformulate the traditional balance between liberty and security: a little bit more documents and ID-checks, longer lines and more flexible search-warrants seem an acceptable tax levied in return for more stringent demands for government-provided security.（人们（政治阶层，选民）似乎愿意重新制定自由和安全之间的传统平衡：多点证件和身份检查，更长的队伍和更灵活的搜查令似乎是可以接受的税收，作为对政府提供的更严格的安全要求的回报）可知A选项“更多的文件和身份检查”，B选项“更长的队伍”和C选项“更灵活的搜查令”和原文一致；D选项“可接受的税”是指人们把ABC三项作为和政府交换的内容，而D选项本身不是交换的内容。因此D选项符合题意。4.事实细节题。定位到最后一段It seems to be the case that there is a broad consensus on the fact that traditional policing principles or, for that matter, the law of the Geneva Conventions have become unsuited for handling the peculiar warfare put on by suicide bombers and terrorist organizations.The expanded measures and procedures thus introduced were often ones that legislators and law enforcement officials otherwise only had dreamed of attaining, but this time around, they could take advantage of changes in the public sentiment due to societys shock over the tragic events and fear spreading in their wake.（似乎是这样，人们普遍认为，传统的警务原则或日内瓦公约的法律已不适合处理自杀式炸弹袭击者和恐怖组织所发动的特殊战争因此所采取的扩大措施和程序往往是立法者和执法官员原本