华东政法学院2005年博士研究生入学考试国际法学专业外语试题

华东政法学院
2005年博士研究生入学考试
考试科目：英语
考试日期：2005年月日
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注意：答题请写在答题纸上，写在本试卷册上无效。选择题答题方式：A B ● D

Part One: Vocabulary and Structure (25 points)

Directions: In this part there are 25 incomplete statements. Each of them is followed by four choices marked A, B, C, and D. You are required to decide on the best choice that makes the statement meaningfully and structurally correct. Then blacken the corresponding letter on the Answer Sheet.

1. The young, self-assured prince _______ power upon the death of the king.
A. resumed B. consumed C. assumed D. presumed
2. Scientists have warned us that an increase in the carbon dioxide content of the atmosphere will cause the Earth to warm up while increasing the aerosol content will cause it to cool down. Now the aerosol problem ____ large than ever.
A. threatens B. becomes C. appears D. looms
3. As the sky looks ominous, it is obvious that a violent thunderstorm is ____.
A. immediate B. instantaneous C. eminent D. imminent
4. I finally succeeded in persuading that student to ______ the source of the rumor.
A. divulge B. discover C. uncover D. diverge
5. Rain poured down; the sky was split by terrifying flashes of forked lightning while peals of thunder ____ our conversation.
A. died down B. drowned C. sank D. submerged
6. Health officials in China have been trying to eliminate measles, a contagious disease with a ___ period of about ten years.
A. covert B. latent C. inert D. tacit
7. Only after I finished reading this essay did it dawn on me that the whole story about the grebe’s diet was not a ___ of her imagination.
A. figment B. fantasy C. fabrication D. figure
8. I must ___ that I only know a sprinkling of English so your translation may well be better than mine.
A. confide B. conclude C. confirm D. concede
9. It is impossible to ___ these two points of view because they are too different.
A. compromise B. unite C. reconcile D combine
10. many of the newly-built hotels are ___ situated for sightseeing, business and shopping.
A. appropriately B. suitably C. conveniently D. deliberately
11. With time, the memory of childhood quarrels and frictions among family members will fade into ___ .
A. obliteration B. oblivion C. realization D. thin air
12. We hear that miniskirts are coming back into fashion, but I wonder if they’ll really ___ again.
A. catch hold of B. catch breath C. catch on D. catch out
13. If John ___ with his piano playing, he could eventually reach concert standard.
A. perseveres B. sustains C. maintains D. survives
14. They decided to ____ their different interests and unite in pursuit of a common goal.
A. substitute B. crossC. submerge D. surrender
15. As the word was repeated over and over again, it began to ____ a new meaning.
A. put on B. turn onC. take on D. bring on
16. You can borrow my book provided that you ____ it to me tomorrow.
A. return B. returned C. will return D. would return 
17. Either you or he ____ the lie.
A. is telling B. are telling C. tell D. shall tell
18. The security of the passengers is supposed to ____ by the captain.
A. see to B. seeing to C. be seen to D. seen to
19. He has to ____ his small salary by living economically.
A. upset B. offset C. outset D. preset 
20. You shouldn’t change jobs constantly, or people will become suspicious of your ability to ____ any job. 
A. hold B. sustain C. engage D. uphold
21. A leading member should never concentrate all his attention on one or two problems, to the ____ of others.
A. displacement B. elimination C. exclusion D. exception
22. You can rest ___ that the talented young secretary has been able to confirm what he said in the original report.
A. assured B. ensured C. insured D. reassured
23. Mary acquired a certain ___ mode of behavior at her expensive school in Switzerland, but her character still remains very unreliable.
A. clever B. polished C. well-behaved D. well-bred
24. The explorer’s hopes of finding their missing colleagues are now beginning to ___ .
A. faint B. darken C. shrink D. fade
25. When people give pretty names to ugly things, it is sometimes difficult for us to tell whether they are ___ or telling the truth.
A. deceptive B. deceitful C. illusive D. elusive

Part Two: Reading Comprehension (40 points)

Directions: In this part there are 4 reading passages. Each passage is followed by some questions or unfinished statements. There are four choices marked A, B, C, and D after each question or statement. You are required to decide on the best choice and then blacken the corresponding letter on the Answer Sheet.

Questions 26 to 27 are based on the following passage:

Surprisingly enough, modern historians have rarely interested themselves in the history of the American South in the period before the South began to become self-consciously and distinctively “Southern”-the decades after 1815. Consequently, the cultural history of Britain’s North American empire in the seventeenth and eighteenth centuries has been written almost as if the Southern colonies had never existed. The American culture that emerged during the Colonial and Revolutionary eras has been depicted as having been simply an extension of New England Puritan culture. However, Professor Davis has recently argued that the South stood apart from the rest of American society during this early period, following its own unique pattern of cultural development. The case for Southern distinctiveness rests upon two related premises: first, that the cultural similarities among the five Southern colonies were far more impressive than the differences, and second, that what made those colonies alike also made them different from the other colonies. The first, for which Davis offers an enormous amount of evidence, can be accepted without major reservations; the second is far more problematic.

What makes the second premise problematic is the use of the Puritan colonies as a basis for comparison. Quite properly, Davis decries the excessive influence ascribed by historians to the Puritans in the formation of American culture. Yet Davis inadvertently adds weight to such ascriptions by using the Puritans as the standard against which to assess the achievements and contributions of Southern colonials. Throughout, Davis focuses on the important, and undeniable, differences between the Southern and Puritan colonies in motives for and patterns of early settlement, in attitudes toward nature and Native Americans, and in the degree of receptivity to metropolitan cultural influences.

However, recent scholarship has strongly suggested that those aspects of early New England culture that seem to have been most distinctly Puritan, such as the strong religious orientation and the communal impulse, were not even typical of New England as a whole, but were largely confined to the two colonies of Massachusetts and Connecticut. Thus, what in contrast to the Puritan colonies appears to Davis to be peculiarly Southern-acquisitiveness, a strong interest in politics and the law, and a tendency to cultivate metropolitan cultural models-was not only more typically English than the cultural patterns exhibited by Puritan Massachusetts and Connecticut, but also almost certainly characteristic of most other early modern British colonies from Barbados north to Rhode Island and New Hampshire. Within the larger framework of American colonial life, then, not the Southern but the Puritan colonies appear to have been distinctive, and even they seem to have been rapidly assimilating to the dominant cultural patterns by the last Colonial period.

26. The author is primarily concerned with
A. refuting a claim about the influence of Puritan culture on the early American South.
B. refuting a thesis about the distinctiveness of the culture of the early American South.
C. refuting the two premises that underlie Davis- discussion of the culture of the American South.
D. challenging the hypothesis that early American culture was homogeneous in nature.
　
27. The passage implies that the attitudes toward Native Americans that prevailed in the Southern colonies
A. developed as a response to attitudes that prevailed in Massachusetts and Connecticut.
B. derived from Southerners-strong interest in the law.
C. were modeled after those that prevailed in the North.
D. differed from those that prevailed in the Puritan colonies.

28. The author argues that, in describing American culture during the Colonial and Revolutionary eras, historians
A. overestimated the importance of the puritans in the development of American culture.
B. did not attach enough importance to the strong religious orientation of the colonists.
C. failed to recognize undeniable cultural differences between New Hampshire and Rhode Island.
D. used Massachusetts and Connecticut as cultural models for the other American colonies.

29. Which of the following elements of Davis book is the author in agreement with?
A. Acquisitiveness was a characteristic unique to the South during the Colonial period.
B. There were significant differences between Puritan and Southern culture during the Colonial period.
C. The Southern colonies shared a common culture.
D. The Northern colonies shared a homogeneous culture.

30. The passage suggests that by the late Colonial period the tendency to cultivate metropolitan cultural models was a cultural pattern that was
A. dying out as Puritan influence began to grow.
B. self-consciously and distinctively Southern.
C. spreading to Massachusetts and Connecticut.
D. more characteristic of the Southern colonies than of England.

Questions 31 to 35 are based on the following passage:

In a sense, the new protectionism is not protectionism at all, at least not in the traditional sense of the term. The old protectionism referred only to trade restricting and trade expanding devices, such as the tariff or export subsidy. The new protectionism is much broader than this: it includes interventions into foreign trade but is not limited to them. The new protectionism, in fact, refers to how the whole of government intervention into the private economy affects international trade. The emphasis on trade is still there, thus came the term “protection.” But what is new is the realization that virtually all government activities can affect international economic relations.

The emergence of the new protectionism in the Western world reflects the victory of the interventionist, or welfare economy over the market economy. Jab Tumiler writes, “The old protectionism…coexisted, without any apparent intellectual difficulty with the acceptance of the market as a national as well as an international economic distribution mechanism — indeed, protectionists as well as (if not more than) free traders stood for laissez faire. Now, as in the 1930s, protectionism is an expression of a profound skepticism as to the ability of the market to distribute resources and incomes to societies satisfaction.”

It is precisely this profound skepticism of the market economy that is responsible for the protectionism. In a market economy, economic change of various colors implies redistribution of resources and incomes. The same opinion in many communities apparently is that such redistributions often are not proper. Therefore, the government intervenes to bring about a more desired result.

The victory of the welfare state is almost complete in northern Europe. In Sweden, Norway, Finland, Denmark, and the Netherlands, government intervention in almost all aspects of economic and social life is considered normal. In Great Britain this is only somewhat less true. Government traditionally has played a very active role in economic life in France and continued to do so. Only West Germany dares to go against the tide towards excessive interventionism in Western Europe. It also happens to be the most successful Western European economy.

The welfare state has made significant progress in the United States as well as in Western Europe. Social security, unemployment insurance, minimum wage laws, and rent control are by now traditional welfare state elements on the American scene. 

31. This passage is primarily concerned with discussing ____.
A. the definition of the new protectionism
B. the difference between new and old protectionism
C. the emergence of the new protectionism in the Western world
D. the significance of the welfare state 

32. What does the phrase “stood for” (Para.2) mean?
A. represented. B. held out. C. tolerated. D. disapproved. 

33. Which of the following statements is NOT a characteristic of a welfare state mentioned in this passage?
A. Free education is available to a child.
B. Laws are made to fix the minimum wage.
C. A jobless person can be insured.
D. There are regulations for rent. 

34. Which of the following inferences is true, according to this passage?
A. The economy developed faster in welfare states than in non-welfare states.
B. In the 1930s, protectionism began to rise.
C. The new protectionism is so called mainly because it is the latest.
D. Government plays a more active role in economic life in Northern Europe than in Great Britain. 

35. The passage supplies information for answering which of the following questions?
A. When did the new protectionism arise?
B. Why is the new protectionism so popular in northern European countries?
C. Does the American government play a more active role in economic life than the British government?
D. Why does the government intervene in economic life? 

Questions 36 to 40 are based on the following passage:

There are various ways in which individual economic units can interact with one another. Three basic ways may be described as the market system, the administered system and the traditional system.

In a market system individual economic units are free to interact among each other in the market place. It is possible to buy commodities from other economic units or sell commodities to them. In a market, transactions may take place via barter or money exchange. In a barter economy, real goods such as automobiles, shoes, and pizzas are traded against each other. Obviously, finding somebody who wants to trade my old car in exchange for a sailboat may not always be an easy task. Hence, the introduction of money as a medium of exchange eases transactions considerably. In the modern market economy, goods and services are bought or sold for money.

An alternative to the market system is administrative control by some agency over all transactions. This agency will issue edicts or commands as to how much of each goods and service should be produced, exchanged, and consumed by each economic unit. Central planning may be one way of administering such an economy. The central plan, drawn up by the government, shows the amounts of each commodity produced by the various firms and allocated to different households for consumption. This is an example of complete planning of production, consumption, and exchange for the whole economy.
In a traditional society, production and consumption patterns are governed by tradition: parentage, religion, and custom fix every person's place within the economic system. Transactions take place on the basis of tradition, too. People belonging to a certain group or caste may have an obligation to care for other persons, provide them with food and shelter, care for their health, and provide for their education. Clearly, in a system where every decision is made on the basis of tradition alone, progress may be difficult to achieve. A stagnant society may result.

36. What is the main purpose of the passage?
A. To outline contrasting types of economic systems.
B. To explain the science of economics.
C. To argue for the superiority of one economic system.
D. To compare barter and money exchange markets. 

37. In the second paragraph, the word “real” in “real goods” could best be replaced by which of the following?
A. high quality. B. concrete. C. utter. D. authentic. 

38. According to the passage, a barter economy can lead to ____ .
A. rapid speed of transactions
B. misunderstandings
C. inflation
D. difficulties for the traders 

39. According to the passage, who has the greatest degree of control in an administered system?
A. Individual B. Small businesses C. Major corporations D. The government 

40. Which of the following is NOT mentioned by the author as a criterion for determining a person's place in a traditional society?
A. Family background. B. Age. C. Religious belief. D. Custom. 

Questions 41 to 45 are based on the following passage:

I made a pledge to myself on the way down to the vacation beach cottage. For two weeks I would try to be a loving husband and father. Totally loving. No ifs, ands or buts.
The idea had come to me as I listened to a talk on my car radio. The speaker was quoting a Biblical（圣经的）passage about husbands being thoughtful of their wives. Then he went on to say, “Love is an act of will. A person can choose to love.” To myself, I had to admit that I had been a selfish husband. Well, for two weeks that would change.
And it did. Right from the moment I kissed Evelyn at the door and said, “That new yellow sweater looks great on you.”
“Oh, Tom, you noticed,” she said, surprised and pleased. Maybe a little puzzled. After the long drive, I wanted to sit and read. Evelyn suggested a walk on the beach. I started to refuse, but then I thought, “Evelyn’s been alone here with the kids all week and now she wants to be alone with me.” We walked on the beach while the children flew their kites.
So it went. Two weeks of not calling the Wall Street firm where I am a director; a visit to the shell museum though I usually hate museums. Relaxed and happy, that’s how the whole vacation passed. I made a new pledge to keep on remembering to choose love.
There was one thing that went wrong with my experiment, however. Evelyn and I still laugh about it today. On the last night at our cottage, preparing for bed, Evelyn stared at me with the saddest expression.
“What’s the matter?” I asked her.
“Tom,” she said in a voice filled with distress, “do you know something I don’t?”
“What do you mean?”
“Well…that checkup（体检） I had several weeks ago…our doctor…did he tell you something about me? Tom, you’ve been so good to me…am I dying?”
It took a moment for it all to sink in. Then I burst out laughing.
“No, honey,” I said, wrapping her in my arms. “You’re not dying; I’m just starting to live.”

41.In the first paragraph, “No ifs, ands or buts” probably means “______ .”
A. Unintentionally B. InevitablyC. Impressively D. Unconditionally

42.From the story we may infer that Tom drove to the beach cottage ____.
A. with his family
B. with Evelyn
C. alone
D. with his children

43.During the two weeks on the beach, Tom showed more love to his wife because ____.
A. she looked lovely in her new clothes
B. he had made a lot of money in his Wall Street firm
C. he was determined to be a good husband
D. she was seriously ill

44.The author says, “There was one thing that went wrong with my experiment.” What was the one thing that went wrong?
A. He praised her sweater, which puzzled her.
B. She insisted on visiting a museum, which he hated.
C. He knew something about her illness but didn’t tell her.
D. He was so good to her that she thought she must be dying.

45. By saying “I’m just starting to live,” Tom means that ____.
A. he is just beginning to understand the real meaning of life
B. he is just beginning to enjoy life as a loving husband
C. he lived an unhappy life before and is now starting to change
D. he is beginning to feel regret for what he did to his wife before

Part Three: Translation from English into Chinese (20 points)

Directions: In this part there is a short paragraph. You are required to put it into Chinese. Remember to write your translation on the Answer Sheet.

Metaphors of corporations
As David Millon so ably demonstrates, metaphor drives much of the debate within corporate law jurisprudence and corporate law scholarship. It has done so for decades, even centuries. Scholars have used metaphors – corporation as person, corporation as creature of the state, corporation as property, corporation as contract, corporation as community, to name the most prominent – as justifications for the imposition of, or freedom from, legal and ethical requirements. The metaphors are often taken as given or as self-evident. The legal and ethical arguments flow, then, quite naturally.
Corporations are property – it has been famously said – and thus any effort to spread the corporate surplus, for example, to workers or the community in a way that reduces corporate profit is spending money that belongs to the shareholders and imposing an illegitimate “tax” on them. Indeed, in this view, corporate governance that takes into account the interests of stakeholders other than shareholders, if such a practice disadvantages shareholders in any way, is an unconstitutional taking or, even more provocatively, “socialism.” Or, corporations are contracts, and thus have no ethical or legal duties other than those specified in the contract. Most shareholders, it is assumed, would contract with the business’s managers to ensure that the managers seek to maximize profit. So-called corporate social responsibility activities cannot be allowed, much less required, therefore, unless the shareholders expressly agree to contract around the standard contract terms provided by corporate law to allow the managers to forego profits for such reasons.

Part Four: Writing (15 points)

Directions: For this part, you are required to write a composition based on the following issue in no less than 250 words. Remember to write your composition on the Answer Sheet.

Issue: In order to keep the crime rate under control, either an increase in expenditures on catching criminals, or a sufficient increase in the punishment to those convicted will do. Which one according to your observations is happening in China today? Please explain.

华东政法学院2005年博士研究生入学考试

答题纸

姓名得分

Part One 25%
1. A B C D 2. A B C D 3. A B C D 4. A B C D 5. A B C D
6. A B C D 7. A B C D 8. A B C D 9. A B C D 10. A B C D
11. A B C D 12. A B C D 13. A B C D 14. A B C D 15. A B C D
16. A B C D 17. A B C D 18. A B C D 19. A B C D 20. A B C D
21. A B C D 22. A B C D 23. A B C D 24. A B C D 25. A B C D

Part Two 40%
26. A B C D 27. A B C D 28. A B C D 29. A B C D 30. A B C D
31. A B C D 32. A B C D 33. A B C D 34. A B C D 35. A B C D
36. A B C D 37. A B C D 38. A B C D 39. A B C D 40. A B C D
41. A B C D 42. A B C D 43. A B C D 44. A B C D 45. A B C D

Part Three: 20%
Part Five 15%

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