英文很好的英语口语素材奥巴马,这也是…来自翻硕君-微博(我英语很好的英文)
：
??前言
?
?《复试一本通》已经伴随着京东快递和印有“知行法学”的定制盒子发送大家手中，同时各英语小组也在紧张备战，希望大家能够在有限的时间内努力将“哑巴英语”转化为一定的表达能力。复试中每年都有英语单科挂科而最终无缘人大法学院的同学，因此无论是“复试英语笔试的速度”，还是“复试英语面试的表达流利度”，都是需要大家沉淀并成长的增长点，也是一些英语比较好的同学复试逆袭的机会，请大家把握。
又到了令无数考生头痛的英语环节，虽然复试英语没有初试考卷内容那么多且难，但是仅仅有口语考察这一关就足以令人重视，尤其是在中国考生普遍口语水平较低的情况下。所以，我们更要打起精神，把初试以后就搁置的英语捡起来，万万不可毫无准备就上场。
一般而言，能够进入复试的同学英语基础相对来说都不错，所以英语其实不是能够拉开分数的科目，只要认真准备平稳发挥就不会有太大的问题。如果整体复习时间开始得较晚，时间紧任务重，那么建议还是主要将精力放在专业课上，英语这边只要完成基本的准备即可；那么对于专业课游刃有余，时间充足的同学来说，在英语口语方面进一步精进，对自己有更高要求也未尝不可。
截至目前，我们能够统计到的人大英语复试考察的形式有以下几种。2020年以前是传统的线下笔试+面试，但由于三年疫情的影响，2020年、2021年、2022年人大的英语复试都是线上进行的，而且这三年的外语复试方案每年都不一样。具体考察方式及对应年份如下：
年份
笔试
面试
2020年以前
一小时六篇阅读
三人一组讨论
2020年
45分钟一篇大作文
单人朗读材料后老师提问
2021年
无
单人口头翻译后老师提问
2022年
无
六人一组围绕话题陈述并评价
鉴于现在的大环境是疫情防控放开，进出京不再受限，所以2023年的复试有可能是恢复线下进行，但是最终的复试形式还是要等研招办的官网出通知，目前尚是一个未知数。然而作为考生，当然不能等形式确定了再去准备，否则只会匆匆忙忙没几天准备时间就上场。我们能做且应该做的就是确保无论最终是以什么样的形式考察，我们都能胸有成竹、从容应对。所以，凡是出现过的考查形式，都应当有所准备，这看起来麻烦费事，但是其实细一想来英语考察反反复复就是“听说读写”这几种形式，只要提高自身实力，应对任何形式都不是问题。下面笔者会对每一种考查形式的备考方式及可能出现的相关问题进行讲解说明，在文章最后会给师弟师妹们列举一些英语口语素材，以供参考。
?一、英语笔试
?
（一）阅读大三下学期，我在校课程还是比较多的，一周大概有六门课左右，每门课至少两小时时长，故而其实准备考研的时间并不充裕。但是，5月到6月是我最富有考研激情的时间段：一来是因为刚刚进入考研，尚未感受到疲惫；二来是因为刚刚作出放弃保研的决定，该决定的刺激作用仍然巨大。基于此，我在5月到6月的时间里，基本上堪称每日无休，每天除了完成学校的线下课程就是进图书馆准备考研。在这两个月中，根据每天课程量不等，我一般学习6小时到10小时。
阅读是英语考察的经典方式，因此考研初试经验贴里的技巧依然适用，笔者在此也不过多重复。众所周知，考试的难度在逐年增加。由于阅读的考察方式是出现在2020年以前，而且是以一小时时间完成六篇阅读，所以合理推测文章的难度不会很大，字数也不会很多。今年的复试准备建议以六级题目为主，专四、雅思题目为辅，尽量日刷一两个，可以保持住初试时备考阅读的状态。如果今年没有考察阅读，那么做过的努力也不会白费，阅读能力是四项基本能力的基础，每天多看几篇英文原文也可以积累作文素材，提高翻译能力。（二）作文大三下学期，我在校课程还是比较多的，一周大概有六门课左右，每门课至少两小时时长，故而其实准备考研的时间并不充裕。但是，5月到6月是我最富有考研激情的时间段：一来是因为刚刚进入考研，尚未感受到疲惫；二来是因为刚刚作出放弃保研的决定，该决定的刺激作用仍然巨大。基于此，我在5月到6月的时间里，基本上堪称每日无休，每天除了完成学校的线下课程就是进图书馆准备考研。在这两个月中，根据每天课程量不等，我一般学习6小时到10小时。
2020年笔试新增了这种类似雅思大作文的考察方法，虽然只出现过一次，但是这种给一个具体话题发表看法的作文形式可以训练在短时间内快速以总分总形式论述观点的能力。同样，复试如果考到作文也可以适用初试的经验技巧，笔者仅在此啰嗦一下作文书的使用方式（推荐《顾家北手把手教你雅思写作》、慎小嶷《十天突破雅思写作》）。其实无论使用哪位老师的作文书，光看都是没有用的，要想办法将老师的精华观点内化为自己在考场上可以用到的内容。作文书大多分为框架教学和作文实例教学，首先我们要弄明白每一种作文的框架应该怎么搭建，然后去范文里积累自己觉得好用易懂的词句，划出来反复看或者单独誊写在一张纸上积累，也不用整理太多，主要是自己能用的惯的、稍微高级一些的句型，否则也记不过来。
?二、英语面试?
首先，笔者想强调几个共性问题。
一是自我介绍问题。虽然这几年的口语考试形式往往是直接抽签进入主题，没有和老师寒暄客套的环节，但是自我介绍却依然是要准备的，为什么？因为即便考场上用不到，自我介绍依然是让你开口说话的第一步。同学们学习了多年的哑巴英语，一朝想要练习口语一定是比较困难和羞于开口的，这时候就需要用自我介绍来破冰。笔者建议准备简洁版（1分钟以内）和详细版（2-3分钟）两个版本，先用中文写好再翻译成英文，因为专业课面试每年都是需要中文自我介绍的。自我介绍的具体模板可以参考公众号空卡和蝶澈学姐整理的内容。
二是口语口音问题。同学们不必纠结要用英音还是美音，其实哪怕你一口中式英语，能让老师和同组同学清晰的听懂都没有问题。虽然一口流利标准的英语能大大提高老师的印象分，但毕竟我们不是英专生，能尽量减少磕绊和迟疑，把话说明白就可以满足复试的要求了，用词、句式、语调的抑扬顿挫都是锦上添花。但是还是要给一些平时说话就口音较重的同学提个醒，不强调英语标准口音并不代表你可以为所欲为，还是要注意规整一下，至少不要让地方口音太明显。最后，无论线上线下，都要声音洪亮、语速适当，这不仅可以更好地让老师听清你的表达，而且可以显示出你的自信，细若蚊蝇且毫无激情的声音是大忌。
三是危机处理问题。如果遇到没听清或没听懂问题的情况，一定不要自己憋着然后跑题乱答一气，也不要直接大声说what??或pardon？这样很不礼貌。可以问一句“sorry，professor. i think i failed to understand what you are asking ,could you please repeat it ?”或者委婉一点，用你理解的那个内容跟老师确认一下“yes, professor. i guess maybe you are asking about xxx, am i right？”这时候老师一般都会重复一遍问题或者再详细解释一下问题，同学们也不用担心会减印象分，最重要的是要不冷场让老师来救急。如果遇到忘词的情况，不要停下来绞尽脑汁回忆那个单词是什么，因为大概率想不起来，此时最有效的方式是转述，哪怕用一些最简单最基础的词汇造一个从句来解释这个单词都可以。如果遇到半路被打断的话，也不要慌张，大概率是提醒你时间到了，此时从容微笑说thank you即可。总之，口语考试的原则就是冷静但不冷场。
四是礼仪礼貌问题。在总体保持礼貌谦逊的原则下，笔者还想强调几个问题。1、眼神交流，所谓eye contact?是可以快速直击内心的，如果你用坚定且自信的眼神看向老师，相信老师也一定会被你感染，受你的情绪带动，所以一定不要躲躲闪闪，如果线上也尽量找准摄像头并直视。2、在老师提问完轮到你作答时，首先要说一句“good morning ,professor. thanks for your question.”但是不用机械的每次回答的开头都说这个，否则会有套用模板之嫌。每题回答完毕之后记得说thank you以提醒老师你已经作答完毕。3、如果线下考试，一定要进门问好，出门说再见并关门。（一）2022年六人发表观点+评论大三下学期，我在校课程还是比较多的，一周大概有六门课左右，每门课至少两小时时长，故而其实准备考研的时间并不充裕。但是，5月到6月是我最富有考研激情的时间段：一来是因为刚刚进入考研，尚未感受到疲惫；二来是因为刚刚作出放弃保研的决定，该决定的刺激作用仍然巨大。基于此，我在5月到6月的时间里，基本上堪称每日无休，每天除了完成学校的线下课程就是进图书馆准备考研。在这两个月中，根据每天课程量不等，我一般学习6小时到10小时。
2022年的英语复试形式与内容和前一年的都不一样，比较复杂。素材选取的内容包括但不限于法律英语，也可能涉及到社会民生问题和热点问题。
?
笔者将口语流程总结如下：
1、随机抽签分组，在网站上公布组别和腾讯会议号，六人一组，每组大概半小时到四十分钟。
2、六人进入会议室准备期间（此时尚未开考见到老师），先由教务老师组织再次抽签，确定a1、a2、a3、b1、b2、b3分别对应的同学，并统一改备注名。
3、由每组的a1同学代表全组抽取题目序号，然后考官进入会议室并公布题目。一般是一段300字左右的英文短文，短文围绕一个中心主题展开，并在结尾有一道类似论述题的英文题目，读题加思考的时间是一分钟。
4、一分钟过后老师提醒a1同学发言，每人限时三分钟，按照a1、a2、a3、b1、b2、b3的顺序依次发言。
4、全部发言完毕再给一分钟集体思考时间，然后按照b3、b2、b1、a3、a2、a1的反方向顺序进行队友之间的互相评价，b3评价a3，b2评价a2，b1评价a1，每人两分钟限时。
?
整场观察下来，我们可以发现a1号其实是不占优势的，思考时间短就要匆匆发言，此后的同学至少多出几分钟打草稿时间和参考别人观点的时间（允许准备一张白纸打草稿），此外，每个人都要盯紧你的对应同学，轮到他时要速记他的观点以供之后评价。这种新颖的六人互评形式的准备方式建议采取组队练习模式，如果六人不好组，可以先组三人（这样也可以涵盖2020年以前的口语模式，一举两得，参见下文），主要练习速记他人观点并进行总结和评价，同时还要兼顾好自己发言内容的准备。
同学们不用太担心听不懂队友的英语，大家都有一定的基础，让人听清的能力基本都具备。况且，就算听不懂，只要抓住关键词也可以合理编写评价，每个人的发言稿基本都遵循总分总的结构，听清他表达的first、second等表示顺序的词之后的中心句即可。评价时不仅要简单复述对应同学的观点，最好还要提出他的优缺点。说优点时可以稍微夸大一点，并以谦虚的口吻表明自己的敬佩，说缺点时要委婉一点，表述成“如果…就更好了。”
（二）2021年口头翻译+老师提问大三下学期，我在校课程还是比较多的，一周大概有六门课左右，每门课至少两小时时长，故而其实准备考研的时间并不充裕。但是，5月到6月是我最富有考研激情的时间段：一来是因为刚刚进入考研，尚未感受到疲惫；二来是因为刚刚作出放弃保研的决定，该决定的刺激作用仍然巨大。基于此，我在5月到6月的时间里，基本上堪称每日无休，每天除了完成学校的线下课程就是进图书馆准备考研。在这两个月中，根据每天课程量不等，我一般学习6小时到10小时。
?
2021年口语的考察时间是一个人大概十五分钟左右，大部分人都是十分钟出头就结束了。整个口语考察流程大致如下：
1、抽取题目号码
2、1min时间看给出的英语材料
3、朗读材料
4、口头翻译材料
5、老师提问+考生回答
?
2021年的英语复试在没有笔试的情况下，增加了对于段落的翻译。根据复试之后大家的反馈，法学学硕考生抽到的题目均为与法律有关的英语段落，包括民法、刑法、国际法等等，难度在标准的法律英语和普通英语之间，并且法律英语涉及到的具体学科类别并不会针对同学们报考的科目进行一一匹配，也就是说民商法的同学也可能抽到贪污贿赂犯罪主题的英文材料。因此笔者认为有必要单独准备法律英语，具体可以从如下方面入手：
1、找一些法律英语的段落，按照考研翻译题的做题思路和标准来自行翻译。考虑到考试时是口头翻译且无法在原文上勾画（电脑屏幕显示文本），且基本为长难句，应当逐渐提高翻译的速度。不过即使不会法律英语，在回答问题的时候也可以用自己已知的单词罗列进行解释说明。
2、有针对性地准备一下法律英语方面的单词，各科都要有所涉及。可以买一本市面上的教材，比如何家弘的法律英语，或者直接用本科上课时候留下的任何法律英语资料。看完课文之后，可以把基础的名词背一背，比如诉讼、不法行为、财产等，尽量在翻译时少碰到一些自己不会的单词，但万一有看不懂的词也不要慌张，可以联系上下文和你所学的法律知识进行合理编排，在语言组织上有意识的用其他猜测到的含义进行覆盖。
（三）2020年朗读材料+老师提问大三下学期，我在校课程还是比较多的，一周大概有六门课左右，每门课至少两小时时长，故而其实准备考研的时间并不充裕。但是，5月到6月是我最富有考研激情的时间段：一来是因为刚刚进入考研，尚未感受到疲惫；二来是因为刚刚作出放弃保研的决定，该决定的刺激作用仍然巨大。基于此，我在5月到6月的时间里，基本上堪称每日无休，每天除了完成学校的线下课程就是进图书馆准备考研。在这两个月中，根据每天课程量不等，我一般学习6小时到10小时。
2020年的考察形式是把一篇阅读材料拆成几段，由学生朗读后老师针对你对该阅读的文意理解进行几轮提问。当年的阅读材料的选择范围很广，有时政类也有比较简单的科技利弊一类。属于比较传统的口语考试方式，类似雅思口语的part3。
针对这种形式，建议提前找一位同学组队练习，轮流充当考官。可以从china daily、每日经济学人、cgtn官网上找一些热点文章，或从超律志、法律英语等公众号上找一些法律类文章，或者购买市面上法律英语的教材，截取800-1000字的篇幅作为一次练习的材料，再或者直接省事去找雅思口语当季题库（公众号或小红书），有出好的part3和追问问题。
一般来说，提问和追问不会让你哑口无言的，基本都是可以围绕生活见闻或者所学知识谈两点的，这里有一个回答问题的小技巧，就是不要拿到问题就直接以yes或no开头，这样就一下子把天聊死了。如果你快速想到了想说的内容，可以以“well, that’s a good question.”开头，如果还要犹豫一会暂时想不到好内容，可以说“sorry. i haven’t thought about this question before, but i guess ……”另外，不要说一两句就停下来让老师找话题。如果没有什么可说的可以在话题范围内举一个自己的例子，描述自己的生活，多添加一些描述性的词语，比如，你想说：“我今天中午去了咖啡厅。”但是这句话可以扩写成：“今天中午我午睡醒来，感觉无所事事，但是天气又很好，所以我决定去街角那家咖啡店逛逛。我进到店里发现顾客很多，但我还是找到了一个阳光充足的位置……”
（四）2020年以前三人小组讨论大三下学期，我在校课程还是比较多的，一周大概有六门课左右，每门课至少两小时时长，故而其实准备考研的时间并不充裕。但是，5月到6月是我最富有考研激情的时间段：一来是因为刚刚进入考研，尚未感受到疲惫；二来是因为刚刚作出放弃保研的决定，该决定的刺激作用仍然巨大。基于此，我在5月到6月的时间里，基本上堪称每日无休，每天除了完成学校的线下课程就是进图书馆准备考研。在这两个月中，根据每天课程量不等，我一般学习6小时到10小时。
2020年以前的英语面试的考察方式是3个人组成一个小组，面试老师会给到一段材料，三人轮流朗读后，再按顺序发表意见看法。这种方式常见于大学英语口语课的期末考试中，相信许多同学也一定经历过。
针对这种考察模式最有效的方法依然是是组队练习，可以找进入复试的同学3人组队一起定期练习，隔一天进行一次模拟练习，持续二十天到一个月。组队练习可以互相监督，防止个人懈怠，也可以锻炼团队配合精神。练习素材方面，依然是围绕日常英语的热点话题和法律英语，方法同上文，也可以搜集经验贴里出现的热点话题，以及最近发生的热点时事新闻，并把有关的外刊文章编辑成合适的字数。
具体练习时，3人分成abc不同角色进行练习，a负责引导讨论和最后总结，3人轮流担当a这个角色。练习时，先分角色朗读各自的部分，再就该话题进行讨论。练习过程中可以一起总结一些怎样互相衔接、抛话给对方的表达，以及探索如何更好做总结。要时刻记住，团队里的三人是合作关系大于竞争关系，一荣俱荣一损俱损，因此不要风头过盛也不要一言不发，注意随机应变。
除小组练习外，同学们自己私下练习肯定还是重中之重。可以自己在家对着镜子练，并进行录音，听录音时你自己就会发现自己有很多的问题，同时也可以控制住回答的时间。另外，为了锻炼完整、流利的说整句话（就是从一个单词一个单词往外蹦到比较流畅说一整句话），可以试试英语趣配音和英语流利说这两个app。但是不建议仅通过看英剧或美剧试图提高口语，事实上你在看剧的时候只会选择性的关注自己已知的词汇，并不会在一闪而过的字幕中背下来单词，除非一句话一句话暂停着看，但那样既失去趣味也效率不佳。其实，看英剧美剧也不是完全没有好处，可以在休闲娱乐时作为一种磨耳朵的工具，听原味的英音美音并有意识的模仿，给自己营造一种英语环境。?
三、总结
?
?纵观这几年的考情变化，基本可以判断出考试形式越来越复杂，考察难度也在增加。但是，书山有路勤为径，学海无涯苦作舟。练习英语本没有什么捷径，口语更是如此，惟有勤加练习方能脱口而出。一开始肯定是困难重重，甚是挫败，但是请大家一定要坚持下去，不要摆烂。笔者在大三期间曾备考过雅思，练习口语的方式就是拿着一沓打印好的当季题库和自己提前写好的回答，在宿舍楼的楼梯间自己练习并录音比较，滚动练习2-3遍，直到把每一道题都练完。这样强迫自己开口说话和在心里默默打草稿是完全不一样的，一张嘴你就会发现自己的问题，有时候嘴赶不上脑子，有时候那个单词就在嘴边但是不知道怎么表达以至于停顿过长毁了整段对话。这些小问题都需要自己在练习时候不断摸索适合自己的解决方案。因此，口语的真理就是练。先不要管内容如何，至少能够完整的说三分钟英语来表达你的观点。
历来口语考试就是现场效果优于人机对话，如果2023年恢复线下考试，大家也不用过于担心和紧张，人大的老师们都十分随和，而且线下考试可能会让一些现场型选手兴奋起来，发挥出更佳状态。但万一不幸搞砸了笔试或口试的任意一个环节，也不要太过悲伤和自责，因为复试本身占比就少，而且分成专业课笔试、专业课面试和英语笔试面试这么多科，这样一来每一门的占比都不是很大，所以不会有致命打击。
英语这个学科，没有定式，因为语言本是优美且自由的，只是考试让它多了些束缚。所以同学们在备考过程中，结合自己的能力水平和能看懂的资料合理取舍，不一定那些高难度的就是好的，否则就是揠苗助长，适得其反。口语是可以短时间内在原有水平上提高的，只要有技巧和勤练习。我们其实就是在练一种感觉，一种张嘴就能将你想表达的事情说清楚的能力，而不是背了多少单词，事实上临时抱佛脚背的单词，没有三次五次的重复是根本不会脱口而出成为你的口语语料的。所以，请同学们把格局打开，英语学习不仅停留在复试，可能会继续伴随一些同学度过未来的一段年月，所以我们要带着一种愉悦轻松的想法去练习，在自己的细微进步之处有所欢喜和满足，相信你会逐渐体会到学习英语的乐趣的。
以下语料资料主要分为两个部分：社会热点部分，请同学们重点关注话题，其中的具体内容可以自己另行收集补充，下列文本仅供参考，不必背诵，而是可以自己先想好中文的一二三点再用自己的话表述出来。截止讲义编写日期的热点话题仍不全面，同学们可以在直到复试日期之前持续关注社会热点新闻，推荐在china?daily、cgtn官网或必应国际版搜索关键词，并和组员一起配合练习。法律英语部分，主要积累专业词汇（至少做到看见单词要认识）并结合自己的法律知识进行理解和转述即可。
?
1、税收的利弊
?taxes are vital in any government. both democratic and military governments require taxes from the public so that the government can run smoothly and efficiently.
advantages of paying taxes:
（1）funding to the government:
the most obvious advantage of taxing is that the government can receive funds from the public so that the government can run the country. it gives the government a free hand to carry out basic operations for the country. the constitution of unites states also provides taxation reasons. one reason is building an army for the security of the country. moreover, there are other operation facilities that the government has to fulfill by using the funds received through taxes. the administration that runs the country would not even exist if there were no taxes. as the government pays its administration to control the country and pass legislatures.
（2）equal wealth distribution:
taxes also provide the people with an advantage. that the funds collected by the government are spending on the people equally. the government can distribute the wealth equally and provide the poor with necessities of life such as food, clothes, and home shelters. ?the taxpayers with the most money are restricted by the government to pay for different economical programs launched for the poor. as these wealthy taxpayers help the government in funding the poor people. these programs allow the middle class and the poor class to become stable.
（3）tax consumption:
most of the time government does not require extra funds, but it still applies heavy taxes on certain products. they do this because those products are harmful to the health of the people. by imposing heavy taxes on those substances , such as cigarettes and alcohol, the government tries to discourage people from buying such stuff that is unhealthy for them.
disadvantages of taxes：
there are multiple advantages of imposing taxes on the public, there are also some disadvantages. one disadvantage is the irregularity between consumers spending. taxation is harmful to the business sector as it can potentially decrease consumer spending. it is because taxes can snatch money from consumers, and it can lead to lower disposable income. it happens if the government makes wrong decisions and imposes incorrect business laws. sometimes ，people also say that the government treats a specific group unfairly and benefits other groups. the government may impose taxes that might benefit the rich and can be unfair for the poor.
?
2、人口老龄化
the ageing of the world’s populations is the result of the continued decline in fertility rates and increased life expectancy. in other words, people are having fewer children, and are having them at later ages. they are also living longer. this demographic change has resulted in increasing numbers and proportions of people who are over 60. as a result, the first time in history when there will be more older people than younger people is rapidly approaching.
ageing has important consequences for the state, healthcare, education and, more generally, for the economic growth of a nation. as people grow older, they suffer from newer and more severe health issues. in particular, there will be more chronic diseases. thus, an ageing population places a crucial burden on a nation’s healthcare system.
??economies will need to allocate more resources to medical care, as older populations require more and better healthcare facilities. this will mean reviewing government policy and financial frameworks.
??the healthcare system will also need to be supplied with skilled and qualified workers who can provide efficient, high-quality care.
??hospitals and other institutions will have to adopt new technology and better infrastructure.
?
3、文化遗产返还
for countries whose cultural heritage was ransacked over the years like china, their efforts in retrieving the lost cultural heritage are on the way. many difficulties, such as international conventions and adverse articles in many countries’ domestic laws, may hinder the return of this lost cultural heritage, and countries of origin need to find more ways to get their own property back.
?in recent years, china has successfully retrieved more and more of its lost cultural relics by using diverse methods. “the most important reason why many cultural relics came back home in recent years is the enhancement of china’s strength,” said huo zhengxin, professor of law and vice dean of the faculty of international law at the china university of political science and law.
there are several common ways to pursue lost cultural relics: donations, bilateral enforcement cooperation, lodging a transnational lawsuit, diplomatic negotiation, and commercial repurchase. although it was once the main method of returning relics, repurchases have become less popular due to some organizations auctioning the items off in a traditional manner, thus creating bidding wars. “to pursue cultural relics stolen and smuggled in the modern day, we prefer to use legal actions, and to pursue cultural relics lost in early days, we can use more flexible ways, such as negotiation,” said huo.
for example, bronze animal heads, originally part of a fountain at the old summer palace, were looted by the anglo-french allied forces in 1860. the prices of the heads had risen by over 10,000 times since the first auction in 1987.”when they looted cultural treasures from china at the time, it was a harm to chinese people. today, chinese bought them back at high prices. i think it is another kind of harm,” said huo.
?
4、法律职业伦理
legal ethics is a term used to describe a code of conduct governing proper professional behavior, which establishes the nature of obligations owed to individuals and to society. in order to maintain a license to practice law, attorneys agree to upload the rules of professional conduct.
principles of legal ethics, whether written or unwritten, not only regulate the conduct of legal practice but also reflects the basic assumptions, premises and methods of the legal system within which the lawyer operates.
ethics in any profession are crucial and it is perhaps more pressing in the legal profession where lawyers especially were viewed with suspicion. thus an enforced code of conduct is vital in ensuring the credibility of the practitioners and legal system as a whole. often lawyers and other legal practitioners are faced with conflicting interests from the clients they represent, society at large and personal interests. legal ethics are therefore important in helping the lawyer to navigate the delicate balance of these interests and work to promote the greatest good. ?ethics also serve to safeguard the interests of the client being represented and ensure they receive service without discrimination.
?
5、办公室安装监控是否合法
cameras in the workplace can help protect the company from theft and other security issues. however, people may be wondering if these office security cameras are an invasion of privacy of employees or spark any legality issues.
unlike installing surveillance cameras in public places, generally, there’s no explicit prohibition against surveillance cameras in the workplace in us federal laws. laws on cameras in the workplace differ by states in the us. many states have made cctv regulations in the workplace, to protect employees’ rights.
however，there is a fine line that between filming that can protect business and filming that can infringe on the privacy rights of employees. examples of lawful reasons to use cameras in the workplace include the following:
1) monitor what employees are doing while they are on the clock
2) prevent internal theft with office security camera system
3)protect your office from external theft/burglary with office cameras
in most states, use of video surveillance cameras in the workplace is deemed unlawful in certain areas, which include any areas where reasonable privacy may be infringed upon. these areas typically include restrooms, locker rooms, break rooms and employee lounges, or any other area where an employee’s reasonable privacy may be compromised.
?
6、物种灭绝
extinction is the complete loss of a species from our planet. species loss occurs naturally over millions of years, and is a normal part of evolution. but many experts believe we are currently experiencing a sixth mass species extinction. billions of regional and local wild populations have already been lost, and entire species are becoming extinct at a significantly faster rate than has happened at any time during the last million years. what is the cause of this global biological annihilation？ people.
our food choices are absolutely central to the fate of wildlife. as humans destroy habitats around the world, break down the climate, and hunt and kill wild animals, including in the oceans, wild populations plummet. our treatment and exploitation of farmed animals for their flesh, skin, milk, eggs, and other by-products drives environmental destruction, and, alongside other agricultural factors, is a huge driver of this loss of wildlife. we must make drastic changes to slow this down.
the wild world has intrinsic value, and we should respect it on that basis alone, as our ancestors undoubtedly did. but there is another reason to change our ways: humans rely on biodiversity of wildlife and plant life to survive, and the more we drive them to extinction, the closer we push ourselves to the same fate.
?
7、3d打印犯罪
3d printing has the potential to transform the world by simplifying manufacturing, shortening supply and distribution chains, democratizing production, creating and repatriating jobs, and customizing products to users’ specific needs. but 3d printing can also be the proverbial devil’s playground. like many technologies, 3d printing has a dark side, and criminals are using 3d printers to create new forms of crime.
some illegal 3d-printed products（such as firearms drugs and cash）will be bought, sold, or traded in physical or virtual black markets. organized crime will find creative ways to profit from 3d printing, such as trafficking in 3d-printed drugs and human organs. terrorists will adopt the technology to further their misguided missions. it is impossible to predict how deeply such users will delve into the dark side of 3d printing. ?
as with many technologies, 3d printing can be misused, but not because the technology is inherently flawed. people are flawed. although the size of the problem could be huge, this is only because the technology is so revolutionary and disruptive. governments, law enforcement, homeland security, and the military need to assess the risks from the dark side of 3d printing and plan accordingly.
?
8、律所加班
it’s widely known that lawyer working hours are long and grueling. for attorneys, a full-time role rarely means nine-to-five: according to the u.s. bureau of labor statistics, the majority of lawyers work full time, with many putting in more than 40 hours each week—especially private practice and large-firm lawyers.
if we look at the complexities of the typical career path of lawyers, it’s evident why lawyers work so much. there’s so much to do—from meeting billable hour requirements, managing clients, going to court, and staying on top of case prep. with the workload comes a lot of pressure to tough it out with long working hours to get everything done.
but there is a huge problem with simply accepting that the working hours of a lawyer are, by necessity, exceptionally long and demanding. normalizing overwork in the legal profession fuels an industry that suffers from burnout, excessive stress, substance abuse and mental health issues, and an overall lack of well-being.
?
9、中美关系
over the past half a century, the china-u.s. relationship has kept moving forward despite twists and turns. it has not only had a profound impact on the two countries, but has also changed the course of history and the world significantly. the world today is going through major changes unseen in a century. as two big countries different in history, culture, social system and development stage, china and the united states are entering a new round of mutual exploration, understanding and adaptation, trying to find a way to get along with each other in the new era. the china-u.s. relationship has once again come to a new critical juncture, facing not only many difficulties and challenges but also great opportunities and potentials. where this important relationship will be headed is vital for the well-being of the chinese and american peoples and for the future of the world. the two peoples and the international community hope for a sound, stable and growing relationship between the two countries
?
10、妇女权益保护法修订
on october 30, 2022, the standing committee of the 13th national people’s congress, china’s top legislative body, passed the revised law on the protection of women’s rights and interests (hereinafter referred to as the “women’s protection law”). the amended women’s protection law, which will take effect on january 1, 2023, added nearly 30 new provisions to enhance women’s protection in areas ranging from gender equality in recruitment and contract negotiation, employer’s obligation in sexual harassment prevention, as well as relief measures to women should their rights and interests being harmed.
the exposure draft for the women’s protection law amendment garnered more than 700,000 comments during the seeking opinion stage, making it the legislative document that was commented the most in recent years. the law was amended in 2005 and 2018, respectively, after being first enacted in 1992.
what are the key changes in china’s new women’s protection law?
1）eliminate gender discrimination in the hiring process
2）protect female employees’ birth rights
3）prevent sexual harassment
4）protect the privacy and personal information of women
as the country struggles to deal with a demographic problem, a string of gender-related scandals have also sparked public outcry over gender inequality. consequently, in 2021, the government unveiled a new 10-year plan, the outline of women’s development in china (2021-2030)，with a strong emphasis on employment rights. the document proposed 75 main goals and 93 supportive measures, covering key areas including health, education, and the economy.
the outline suggests that by 2030, the basic national policy of equality between men and women will be thoroughly implemented, and the institutional mechanisms to promote equality between men and women and the all-round development of women will be innovated and improved, as part of the government’s major efforts to eliminate discrimination and improve the status of women in china.
?
11、网络信息安全
the human beings are stepping into the information society. the information industry develops very rapidly, so do the hackers, trick-playing teens, exploring children, fraudsters, and serious white-collar criminals. thus, information security becomes an impending important issue.
in case of information breach, the victims－government department, an organization or an institution, or a company will inevitably suffer great or small loss. government may be threatened with national security. companies may lose opportunities to develop new projects. and the public’s and users’ confidence will be damaged.
then how to deal with this issue? technology is only a partial solution to information security. what’s more important is that organizations and companies should promote the awareness on information security to its staff. however, since no system can ever be 100 percent secure, a prevention-only approach to information security management is not enough. companies and organizations should adopt a dual approach to information security management by combing prevention and detection techniques
?
12、低碳经济
the state council has released a guideline to accelerate the development of a green and low-carbon circular economic development system.
the guideline urges efforts to firmly implement the new development philosophy, boost efficiency in the use of resources, strengthen protection of the ecological environment and effectively control greenhouse gas emissions.
by 2025, china will see a marked rise in the scale of green industries, a continued drop in major pollutants and a slashed carbon emission intensity, according to the guideline.
by 2035, energy and resource utilization efficiency in key industries and key products is expected to reach an internationally advanced level, and the goal to build a beautiful china will be basically reached.
china has announced it will strive to peak carbon dioxide emissions by 2030 and achieve carbon neutrality by 2060.
?
13、司法独立
judicial independence, the ability of courts and judges to perform their duties free of influence or control by other actors, whether governmental or private. the term is also used in a normative sense to refer to the kind of independence that courts and judges ought to possess.
any comprehensive and coherent definition of judicial independence must address several questions. the first is, “independence for whom?”; the second is, “independence from whom?”; and the third is, “independence from what?” to supply satisfying answers to those questions, however, it is necessary to consider why judicial independence is valuable and what it is supposed to accomplish. in other words, it is necessary to address the question, “independence for what purpose?”
1) independence for whom?
judicial independence can be defined as a characteristic of individual judges or as a characteristic of the judiciary as a whole. neither conception is indisputably preferable to the other as a practical matter. on the one hand, if judicial independence is guaranteed at the institutional level but not at the individual level, individual judges can be forced to obey the wishes of the leadership of the judiciary, which may result in a less-than-wholehearted enforcement of the rule of law. in chile and japan, for example, the extent to which the judiciary as an institution commands obedience and conformity from its members has been blamed for producing timid judges who are unwilling or unable to rule against the government. on the other hand, if judicial independence is ensured at the individual level, individual judges will find themselves at liberty to pursue their individual preferences. unchecked discretion of that kind not only invites abuse but also raises the likelihood that judges will decide cases in inconsistent ways, with the potential effect of undermining the predictability and stability of the law.
2) independence from whom?
the existence and adequacy of judicial independence become matters of practical concern only when a court decides a dispute involving the interests of some actor or institution with potential or actual power over the court. generally speaking, the more powerful the actor whose interests are at stake, the greater the need to protect the independence of the court from that actor. if both sides to the dispute are powerful, however, that symmetry of power may provide part or all of the necessary protection.
3) independence from what?
not all forms of influence over judicial decision making constitute threats to judicial independence. whereas some activities aimed at influencing courts, such as bribery and intimidation, may be inappropriate under any plausible conception of judicial independence, others can be evaluated only on the basis of contestable normative judgments. in the case of public protests in front of courthouses, for example, one view might be that such protests should be privileged as a form of political expression and that judges in a democracy are permitted or even obligated to take public opinion into account. alternatively, one might take the view that judges should be shielded from such expressions of public opinion, much as jurors are sequestered, to ensure that their deliberations are not tainted by considerations that ought to be irrelevant. likewise, a public campaign to deny a judge reelection because he has ruled in unpopular ways on controversial issues can be characterized as either a healthy manifestation of democracy or as a threat to judicial independence.
?
14、死刑
in the recent centuries, the death penalty has become rare because its use as a method of punishment has been banned by many governments. countries that still carry out punishment by death penalty constitutes about only a third of the countries in the world. such countries include iran, iraq, china, saudi arabia, united states, afghanistan, yemen, and sudan among others.
other countries, among them australia, canada, mexico, and all members of the council of europe have abolished the use of the death penalty. a total of 75 countries in the world have completely abolished the use of death penalty regardless of whether the offense committed is a capital offense or not.
in most countries that practice the death penalty, the penalty is reserved only for the capital or serious crimes. such crimes include murder, terrorism rape, kidnapping and human trafficking, illegal drug trafficking and corruption and bribery. besides, in some states, some sexual offenses such as prostitution homosexuality and adultery are punishable by the death penalty. however, some countries also impose the death penalty on smaller crimes such as general theft and drugs.
it is also important to understand that execution of the death penalty is governed by some laws and regulation. for instance, particular groups of people are excluded from being sentenced to death. according to the international covenant on civil and political rights, juvenile offenders are excluded from receiving the death penalty. besides, mentally handicapped criminals are also excluded from receiving the death penalty. the severity of the capital offence committed by the juvenile and the mentally handicapped is seen as less severe based on the mental capability and therefore imposing a death penalty on them is regarded disproportionately severe.
?
15、福利国家
the term “welfare state” refers to a type of governing in which the national government plays a key role in the protection and promotion of the economic and social well-being of its citizens. a welfare state is based on the principles of equality of opportunity, equitable distribution of wealth, and public responsibility for those unable to avail themselves of the minimal provisions of a good life. social security, federally mandated unemployment insurance programs, and welfare payments to people unable to work are all examples of the welfare state.
most modern countries practice some elements of what is considered the welfare state. that said, the term is frequently used in a derogatory sense to describe a state of affairs where the government in question creates incentives that are beyond reason, resulting in an unemployed person on welfare payments earning more than a struggling worker. the welfare state is sometimes criticized as being a “nanny state” in which adults are coddled and treated like children.
?
16、对民主的认识
democracy means “rule by the people,” democracy is a system of government that not only allows but requires the participation of the people in the political process to function properly. u.s. president abraham lincoln, in his famed 1863 gettysburg address may have best-defined democracy as a “…government of the people, by the people, for the people…”
semantically, the term democracy comes from the greek words for “people” (dēmos) and “rule” (karatos). however, achieving and preserving a government by the people—a “popular” government—is far more complicated than the concept’s semantic simplicity might imply. in creating the legal framework under which the democracy will function, typically a constitution, several crucial political and practical questions must be answered.
is “rule by the people” even appropriate for the given state? do the inherent freedoms of a democracy justify dealing with its complex bureaucracy and electoral processes, or would the streamlined predictability of a monarchy, for example, be preferable?
assuming a preference for democracy, which residents of the country, state, or town should enjoy the political status of full citizenship? simply stated, who are the “people” in the “government by the people” equation? in the united states, for example, the constitutionally established doctrine of birthright citizenship provides that any person born on u.s. soil automatically becomes a u.s. citizen. other democracies are more restrictive in bestowing full citizenship.
which people within the democracy should be empowered to participate in it? assuming that only adults are allowed to fully participate in the political process, should all adults be included? for example, until the enactment of the 19th amendment in 1920, women in the united states were not allowed to vote in national elections. a democracy that excludes too many of the governed from taking part in what is supposed to be their government runs the risk of becoming an aristocracy—government by a small, privileged ruling class—or an oligarchy—government by an elite, typically wealthy, few.
if, as one of the foundational principles of democracy holds, the majority rules, what will a “proper” majority be? a majority of all citizens or a majority of citizens who vote only? when issues, as they inevitably will, divide the people, should the wishes of the majority always prevail, or should, as in the case of the american civil rights movement, minorities be empowered to overcome majority rule? most importantly, what legal or legislative mechanisms should be created to prevent the democracy from becoming a victim of what one of america’s founding fathers, james madison, called “the tyranny of the majority?”
finally, how likely is it that a majority of the people will continue to believe that democracy is the best form of government for them? for a democracy to survive it must retain the substantial support of both the people and the leaders they choose. history has shown that democracy is a particularly fragile institution. in fact, of the 120 new democracies that have emerged around the world since 1960, nearly half have resulted in failed states or have been replaced by other, typically more authoritarian forms of government. it is therefore essential that democracies be designed to respond quickly and appropriately to the internal and external factors that will inevitably threaten them.
?
17、法律与社会的关系
theorists have traditionally maintained that there are certain broad on the substantive criminal law. one set of such constraints concerns the sorts of behavior that may legitimately be prohibited. is it proper, for example, to criminalize a certain kind of action on the grounds that most people in one’s society regard it as immoral? the other set of constraints which concern what is needed in order to establish criminal responsibility that is liability, independently of the content of the particular statute whose violation is in question.
legal system reflects all the energy of life within in any society. law has the complex vitality of a living organism. we can say that law is a social science characterized by movement and adaptation. rules are neither created nor applied in a vacuum, on the other hand they created and used time and again for a purpose. rules are intended to move us in a certain direction that we assume is good, or prohibit movement in direction that we believe is bad.
the social rules are made by the members of the society. disobedience of the social rules is followed by punishment of social disapproval. there is no positive penalty associated with the violation of rules except excommunication or ostracism. on the other hand, law is enforced by the state. the objective of law is to bring order in the society so the members of society can progress and develop with some sort of security regarding the future.
the state makes laws. disobedience of state laws cause penalty, which is enforced by the government by the power of the state. which is not enforceable is not law.
?
18、大陆法系与英美法系的比较
the differences between continental law system and anglo-american law system ?
the term anglo-american law system refers to the system of law developed in england and transferred to most of the english-speaking world. it is distinguished from the continental law system used in continental europe, and in those nations settled by european peoples. both the two systems are the basis of law in most of the western world. the continental law system can be traced back to roman law, which extended to the limits of the empire. it received its modern impetus from the early nineteenth-century french codes of law created by french jurists.
the differences between the two can be put as follows:
first, the basic distinction between the two systems lies in the sources of law upon which they rely. the anglo-american law system uses prior decided cases as very high sources of authority.
courts should adhere to the law as set forth in prior cases decided by the highest court. the judge should determine whether the principle derived from the prior cases is logically essential to their decision or is reasonable、appropriate to contemporary circumstances. the continental law system on the other hand, is originated from codes of laws. when a conflict is presented to a court or lawyer, the immediate problem is to find the appropriate code provision concerning the situation and then to apply it to the problem at hand. cases are not ignored, but they do not have anything binding authority on judges.
second, it is the jurist who played an important role when the continental law system became what it is now, but, in the anglo-american law system, the judges contributed a lot.
third, the continental law system pays more attention to substantial law，while the anglo-american law system stress on procedural law. the latter underlines trials、procedure、proof and execution.
fourth, the differences in composition of the two are apparent. in the continental law system, public law and private law are the basic classification, and the civil law are the basic classification, and the civil law plays an important role in it. while the basic parts of the anglo-american law system are common law and equity law, and public law is the key part of it.
finally, the concepts and vocabulary of them are not the same either. for example, “civil law” of the continental law system and “property law” in the anglo-american law system. though these differences mentioned above, a trend of collaboration can be seen nowadays. for example, our judicial system belongs to the continental law system, but we learned the institution of independent director from the anglo-american law system.
?
19、法制改革
the reform in legal system is one of the important forms of law development. it means reforming from the content to the form of law, from the enactment to the enforcement of law, to meet the needs of changing society. here, i just want to talk about the characteristics and reasons of the reform in legal system.
the initial aim of the reform in legal system is mainly to establish an efficient and coordinated legal system. so, its tasks are to create some branches of law, draw up new laws, and abandon or modify some old laws. for example, during the process of reformation, china has created the economic law, the business law , the environmental law, and so on. in more than 2000 laws and regulations issued from 1949 to 1979 , half of them were abandoned, one fourth were modified, and one fourth keep valid.
with the improvement of the legal system, people pay more attention to the effect of law. first, people are more concerned with the operation of law in legislation. second, the reform in the system of judicature is put on the agenda. third, the improvement of the supervisory system of law is paid more attention. in short, in this stage, the core of reformation is to improve the operating system of law.
but, what’s the ultimate goal of our reform? i think it is to realize rule by law. meanwhile, to protect the rights of citizen is also its mission. as we see, the reform in legal system is always accompanied by other social reforms. it’s one of the characteristics of the reform in legal system. besides the inner conflict between laws, the reform in economic system and political system are the impetus of reform in legal system.
only if the law adapts the development of society, it could bring its functions into play. but , the reform may be a long process, and we look forward to the coming of a society ruled by law.
?
20、法治
the rule of law is a set of principles, or ideals, for ensuring an orderly and just society. many countries throughout the world strive to uphold the rule of law where no one is above the law, everyone is treated equally under the law, everyone is held accountable to the same laws, there are clear and fair processes for enforcing laws, there is an independent judiciary, and human rights are guaranteed for all.
?
21、联合国
the united nations is an international organization founded in 1945. currently made up of 193 member states, the un and its work are guided by the purposes and principles contained in its founding charter.
the un has evolved over the years to keep pace with a rapidly changing world.
but one thing has stayed the same: it remains the one place on earth where all the world’s nations can gather together, discuss common problems, and find shared solutions that benefit all of humanity.
?
22、性别歧视
sexism means discrimination based on sex or gender, or the belief that because men are superior to women, discrimination is justified. such a belief can be conscious or unconscious. in sexism, as in racism, the differences between two (or more) groups are viewed as indications that one group is superior or inferior. sexist discrimination against girls and women is a means of maintaining male domination and power. the oppression or discrimination can be economic, political, social, or cultural.
elements of sexism
1) sexism includes attitudes or ideology, including beliefs, theories, and ideas that hold one group (usually male) as deservedly superior to the other (usually female), and that justify oppressing members of the other group on the basis of their sex or gender.
2) sexism involves practices and institutions and the ways in which oppression is carried out. these need not be done with a conscious sexist attitude but may be unconscious cooperation in a system that has been in place already in which one sex (usually female) has less power and fewer goods in the society.
?
23、人工智能否取代律师、法官
imagine going to court, and instead of seeing a judge wearing their cloak and holding their gavel, you see a robot ready to hear your case. would you trust this machine to give you and your client a fair trial – one that could shape a whole life?
artificial intelligence is slowly beginning to aid legal professionals, law firms, and the overall legal industry. the consensus is that ai will one day be the norm in courtrooms, too. but not for a while.
that’s because humans must train an ai machine in the first place. and to do that, humans must use historical evidence and data from precedent cases. but given that, historically, people have been more biased and discriminatory than not, the ai could easily become the same. so there are many steps that need to be taken – the first is training ai with unbiased and non-discriminatory data. this will ensure that the machine is not going to be in favor of one person over the other. the second step after this machine learning is determining whether the machine is worth any further investment.
although ai cannot fully “replace” a judge or lawyer’s position at present, it is still useful in the courtroom in many ways. an ai machine can gather research, preventing the judge from having to go through legal books manually. such legal technology is also able to address fundamental crises in courts by helping to make justice clear and efficient. also, an ai machine is able to fill advisory roles like gathering evidence or estimating recidivism rates based on statistical data. this saves judges a tremendous amount of time.
?
24、创新与知识产权保护
innovation and intellectual property are intrinsically linked. you can protect new inventions and creations with the provisions of intellectual property (ip) law by protecting others from profiting from your innovations.
patent protection financially rewards creators for innovations that are commercially successful, which provides a valuable incentive to create life-improving technologies. small businesses and independent inventors can expect a return on investment for the time and money they spend developing a new innovation. society, in turn, benefits from both the new innovation and the economic opportunities it creates. the revenues from these technologies provide for the financing of additional research and development endeavors.
the patent process turns an invention into a commercial asset through sales, licensing, and collaboration. intellectual property (ip) assets such as patents can also attract investors to the business. the new knowledge and intelligence generated by an invention can inspire future creations, which may lead to additional patented innovations.
the mapping of patent information also?allows policymakers to see where valuable research and development is occurring, thus shaping policy and regulation to support innovation.
?
25、宪法
（1） general introduction
most commonly, the term constitution refers to a set of rules and principles that define the nature and extent of government. most constitutions seek to regulate the relationship between institutions of the state , in a basic sense the relationship between the executive, legislature and the judiciary, but also the relationship of institutions within those branches. for example 9 executive branches can be divided into a head of government, government departments/ministries ,executive agencies and a civil service.
most constitutions also attempt to define the relationship between individuals and the state, and to establish the broad rights of individual citizens. it is thus the most basic law of a territory from which all the other laws and rules are hierarchically derived: in some territories it is in fact called “basic law”. constitutions may also provide that their most basic principles can never be abolished, even by amendment. in case a formally valid amendment of a constitution infringes on these principles, it may constitute a so-called unconstitutional constitutional law.
（2）?codified constitution and uncodified constitution
1) codified constitution
most states in the world have codified constitutions (also known as written constitutions). codified constitutions are often the product of some dramatic political change, such as a revolution. the process by which a country adopts a constitution is closely tied to the historical and political context driving this fundamental change. states that have codified constitutions normally give the constitution supremacy over ordinary statute law. that is, if there is any conflict between a statute and the codified constitution, all or part of the statute can be declared?ultra vires(越权) by a court, and struck down as unconstitutional. in the united states, the u. s. supreme court is the final interpreter of the constitution and has the power to rule on the constitutionality of the actions of the other two branches of government as well as those of the states and other governmental entities. through judicial elaboration of the meaning of the constitution, the court can broaden or limit the powers of the president and the congress. in so doing, the court breathes life into the constitution, making it a “living” document that changes as the nation changes.
codified constitutions normally consist of a preamble, which sets forth the goals of the state and the motivation for the constitution, and several articles containing the substantive provisions. the preamble, which is omitted in?some constitutions, may contain a reference to god and/or to fundamental values of the state such as liberty, democracy or human rights.
2）uncodified constitution
as of 2010 at least three states have uncodified constitutions：israel, new zealand, and the united kingdom. uncodified constitutions (also known as unwritten constitutions) are the product of an “evolution” of laws and conventions over centuries. by contrast to codified constitutions, uncodified constitutions include written sources like constitutional statutes enacted by the parliament and also unwritten sources such as constitutional conventions, observation of precedents, royal prerogatives, custom and tradition. in the days of the british empire, the judicial committee of the privy council (枢密院) acted as the constitutional court for many of the british colonies such as canada and australia which had federal constitutions.
（2）functions of constitutions
1) state and legal structure
one of the key tasks of constitutions is to indicate hierarchies and relationships of power. in a unitary state, the constitution will vest ultimate authority in one central administration and legislature, and judiciary, though there is often a delegation of power or authority to local or municipal authorities. in contrast, a federal form of government is one in which the states form a union and the sovereign power is divided between a central governing authority and the member states. the u. s. constitution delegates certain powers to the national government and the states retain all powers not delegated to the national government. the relationship between the national government and the state governments is a partnership； neither partner is superior to the other except within the particular area of authority granted to it under the u. s. constitution.
2) human rights
human rights or civil liberties form a crucial part of a country’s constitution and govern the rights of the individual against the state. the united states and france each has a codified constitution with a bill of rights. perhaps the most important example is?the universal declaration of human rights?under the?un charter. these are intended to ensure basic political, social and economic standards that a nation or intergovernmental body is obliged to provide to its citizens.
3) legislative procedure
another main function of constitutions may be to describe the procedure by which parliaments may legislate.?for instance, special majorities may be required to alter the constitution. in bicameral(两院制的) legislatures, there may be a process laid out for second or third readings of ?bills before a new law can enter into force.
?
26、刑法
（1）general introduction
often the term “criminal law” is used to include all that is involved in “the administration of criminal justice” in the broadest sense.?as so employed it embraces three different fields, known to the lawyer as (1) the substantive criminal law, (2) criminal procedure, and (3) special problems in the administration and enforcement of criminal justice……the phrase “criminal law” is more commonly used to include only that part of the general field known as the substantive criminal law.
capital punishment may be imposed in some jurisdictions for the most serious crimes.?and physical or corporal punishment may still be imposed such as whipping or caning,?although these punishments are prohibited in much of the world. a convict may be incarcerated（监禁）in prison or jail and the length of incarceration may vary from a day to life.
criminal law is a reflection of the society that produces it. in an islamic theocracy, such as iran, criminal law will reflect the religious?teachings of the koran （《古兰经》);?in a catholic country , it will reflect the tenets of catholicism. in addition, criminal law will change to reflect changes in society, especially attitude changes. for instance, use of marijuana（大麻）?was once considered a serious crime with harsh penalties, whereas today the penalties in most states are relatively light. as public tolerance of marijuana use grew, the severity of the penalties was reduced. as a society advances, its judgments about crime and punishment change.
（2）elements of a crime
obviously, different crimes require different behaviors, but there are common elements necessary for proving all crimes. first, the prohibited behavior designated as a crime must be clearly defined so that a reasonable person can be forewarned that engaging in that behavior is illegal. second, the accused must be shown to have possessed the requisite intent to commit the crime. third, the state must prove causation. finally, the state must prove beyond a reasonable doubt that the defendant committed the crime.
1)?actus reus（犯罪行为）
the first element of crime is the?actus reus.?actus?is an act or action and reus is a person judicially accused of a crime. therefore, actus reus is literally the action o￡ a person accused of a crime. a criminal statute must clearly define exactly what act is deemed “guilty”—that is, the exact behavior that is being prohibited. that is done so that all persons are put on notice that if they perform the guilty act, they will be liable for criminal punishment. unless the actus reus is clearly defined, one might not know whether or not one’s behavior is illegal.
actus reus?may be accomplished by an action, by threat of action, or exceptionally, by an omission to act, which is a legal duty to act. where the?actus reus?is a failure to act, there must be a duty of care. such a duty can arise through contract, a voluntary undertaking, a blood relation, and occasionally through one’s official position. duty also can arise from one’s own creation of a dangerous situation.
2)?mens rea(犯罪意图)
a second element of a crime is?mens rea.?mens rea?refers to an individual state of mind when a crime is committed. while?actus reus?is proven by physical or eyewitness evidence,?mens rea?is more difficult to ascertain . the fact finder (jury or judge) must determine for itself whether the accused had the necessary intent to commit the act.
a lower threshold of?mens rea?is satisfied when a defendant recognizes an act is dangerous but decides to commit it anyway. this is recklessness. wrongfulness of intent also may vary the seriousness of an offense. a killing committed with specific intent to kill or with conscious recognition that death or serious bodily harm will result, would be murder,?whereas a killing affected by reckless acts lacking such a consciousness could be manslaughter.
3)?causation?(因果关系)
the next element is causation. often the phrase “but for”?(若非—则无)?is used to determine whether causation has occurred . for example, we might say “cain killed abel”, by which we really mean “cain caused abel’s death. ” in other words, “but for cain’s act, abel would still be alive. ” causation, then, means “but for” the actions of a, b would not have been harmed. in criminal law, causation is an element that must be proven beyond a reasonable doubt.
4)?proof beyond a reasonable doubt
in view of the fact that in criminal cases we are dealing with the life and liberty of the accused person, as well as the stigma accompanying conviction, the legal system places strong limits on the power of the state to convict a person of a crime. criminal defendants are presumed innocent the state must overcome this presumption of innocence by proving every element of the offense charged against the defendant beyond a reasonable doubt to the satisfaction of all the jurors. this requirement is the primary way american system minimizes the risk of convicting an innocent person.
the state must prove its case within a framework of procedural safeguards that are designed to protect the accused. the state’s failure to prove any material element of its case results in the accused being acquitted or found?not guilty, even though he or she may actually have committed the crime charged.
(3) strict liability
in modern society, some crimes require no more?mens rea?, and they are known as strict liability offenses. for instance, under the?road traffic act 1988?it is a strict liability offence to drive a vehicle with an alcohol concentration above the prescribed limit.
?
27、被告人的主要权利
there are two fundamental aspects of the u. s. criminal justice system—the presumption that the defendant is innocent and the burden on the prosecution to prove guilt beyond a reasonable doubt. furthermore, criminal defendants have other rights too.
(1) the defendant’s right to remain silent
the fifth amendment to the u. s. constitution provides that a defendant cannot be compelled in any criminal case to be a witness against himself. in short, the defendant has the right to “sit mute”. the prosecutor cannot call the defendant as a witness, nor can a judge or defense attorney force the defendant to testify if the defendant chooses to remain silent. by contrast, a defendant may be called as a witness in a civil case.
a defendant in a criminal trial may choose whether or not to give evidence in the proceedings. further, there is no general duty to assist the police with their inquiries.
the supreme court ruled that the government cannot punish a criminal defendant for exercising his right to silence, by allowing the prosecutor to ask the jury to draw an inference of guilt from the defendant’s refusal to testify in his own defense. the court overturned as unconstitutional under the federal constitution a provision of the california state constitution that explicitly granted such power to prosecutors.
(2)the defendant’s right to confront (对质)witness
the “confrontation clause” of the sixth amendment gives defendants the right to be confronted by the witnesses against them. implicit in this right is the right to cross-examine witnesses—that is, the right to require the witnesses to come to court, “look the defendant in the eye”，and subject themselves to questioning
by the defense. the sixth amendment prevents secret trials, and except for limited exceptions ,forbids prosecutors from proving a defendant’s guilt with written statements from absent witnesses. like?most of the protections given criminal defendants in the constitution, the right of confronting a witness has its origins in english common law. until the sixteenth century, the right of confronting witness was nearly absent from the anglo – american legal tradition. then, with the introduction of the right to trial by an impartial jury and the firm establishment of the presumption of innocence, the right of confrontation came to be seen as an integral part of the proper defense rights of the accused.
through cross-examination, defendants are allowed to test the reliability and credibility of witnesses. however, the right of cross- examination also has limits. for example, defendants may be denied the right to ask questions that are irrelevant, collateral, confusing, repetitive, or prejudicial.
(3)?the defendant’s right to a public trial
the sixth amendment guarantees public trials in criminal cases. this is an important right , because the presence in courtrooms of a ?defendant’s family and friends, ordinary citizens and the press can help ensure that the government observe other important rules associated with trials.
in a few situations, normally involving children, the court will close the court to the public. for example, judges can bar public from attending cases when defendants are charged with sexual assaults against children. in recent years, legislators have been concerned about defendants who escape punishment for sexually molesting young children because the children are afraid to testify in the defendant’s presence. to address this problem, many states have enacted special rules that authorize judges—-in certain situations—-to allow children to testify via closed circuit television. the defendant can see the child on a television monitor, but the child cannot see the defendant. the defense attorney can be personally present where the child is testifying and can cross-examine the child.
(4)the defendant’s right to be?represented by an attorney
the sixth amendment to the u. s. constitution provides that “in all criminal prosecutions, the accused shall enjoy the right …to have the assistance of counsel for his defense.” a judge must appoint an attorney for indigent defendants (defendants who cannot afford to hire attorneys) at government expense only if the defendants might be actually imprisoned for a period of more than six months for the crime. as a practical matter, judges routinely appoint attorneys for indigents in nearly all cases in which a jail sentence is a possibility.
in a series of cases, the u. s. supreme court ruled that american indigents do have a right to counsel, but only in criminal cases. the federal government and some states have offices of public defenders which assist indigent defendants, while other states have systems for outsourcing the work?to private lawyers. a judge normally appoints the attorney for an indigent defendant at the defendant’s 1 first court appearance. for most defendants, the first court appearance is either an arraignment(传讯) or a bail（保释）hearing.
the job of defense counsel at trial is to prepare?and offer a vigorous defense on behalf of the accused .a proper defense often involves the presentation of evidence and the examination of witness, all of which requires careful thought and planning. good attorneys, like quality craftspeople everywhere, may find themselves emotionally committed to the outcome of trials in which they are involved.
?
28、合同法
a contract is a legally enforceable agreement between two or more parties with mutual?obligations. contracts can be in writing,?orally or verbally agreed upon (parol contracts)?or created through the actings of the parties. the?remedy at law for breach of contract is usually “damages”(损害赔偿)?or monetary compensation. in equity, the remedy can be specific performance of the contract or an injunction.?the importance of contract stability is emphasized by article i § 10 of the u. s. constitution, which?provides that “no state shall … pass any…law impairing the obligation of contracts. ”at common law, the elements of a contract are mutual assent and consideration(对价).
(1) mutual assent: offer and acceptance
at common law, mutual assent is typically reached through offer and acceptance, that is, when an offer is met with an acceptance that does not vary the offer’s terms. the requirement is known as the “ mirror image” rule. if a purported acceptance does vary the terms of an offer, it is not an acceptance but a counteroffer and, therefore, simultaneously a rejection of the original offer.
(2) classification of contract
1)?express contract and implied contract.
an express contract is one in which the terms are stated by the parties; it may be either an oral or written contract. an implied contract is one that is inferred from the conduct of the parties.
2)?bilateral contract and unilateral contract.
a bilateral contract is one in which the parties exchange promises to do some future act. for example, you agree with the car dealer that you will pay for your car when you take delivery next week. each of you has promised to do something in the future:?the dealer to deliver the car and you to pay for it. in contrast, a unilateral contract is one in which one party acts immediately in response to the offer.
3)?executory contract and executed contract.
an executory contract is one in which some or all of the terms are uncompleted—-the car deal in above paragraph , for example. an executed contract, then, is one which all terms have been completed. for instance, you have eaten your meal and paid your bill at the restaurant.
4)?void, voidable and unenforceable contract.(无效、可撤销和不可强制执行的合同)
?the terms “void, voidable and unenforceable” are relevant in situations where there is a breach of contract or when one party fails to comply with the terms of the agreement.?a void contract is a nullity from its beginning, and damages do not result. a voidable contract is one that is binding until it is disaffirmed or canceled by the party with the authority to do so. in many ways, marriage is a contract that either party may rescind by obtaining a divorce. unenforceable contracts are those that meet the basic common law elements for contracts but lack some other additional le- gal requirements such as being signed in front of a notary public(公证人).
?
29、侵权法
a tort, in common law jurisdictions, is a wrong(不法行为) that involves a breach of a civil duty (other than a contractual duty) owed to someone else. it is differentiated from a crime, which involves a breach of a duty owed to society in general. though many acts are both torts and crimes, prosecutions for crime are mostly the responsibility of the state, private prosecutions being rarely used；?whereas any party who has been injured may bring a lawsuit for tort. one who?commits a tortious act is called a tortfeasor（侵权行为人）.
a person who suffers a tortious injury is entitled to receive “damages”(损害赔偿金), usually mone- tary compensation, from the person or people responsible for those injuries. tort law defines what a legal injury is and, therefore, whether a person may be held liable for an injury he or she has caused. legal injuries are not limited to physical injuries. they may also include emotional, economic, or reputational injuries as well as violations of privacy, property, or constitutional rights. tort cases therefore comprise such varied topics as auto accidents, false imprisonment, defamation, product liability (for defective consumer products), copyright infringement, and environmental pollution, among many others.
in much of the common law world, the?most prominent tort liability is negligence. if the injured party can prove that the person believed to have caused the injury acted negligently, that is, without taking reasonable care to avoid injuring others—-tort law will allow compensation.
furthermore, tort law also recognizes intentional torts, where a person has intentionally?acted in a way that harms another, and “strict?liability” or quasi-tort, which allows recovery?under certain circumstances without the need to demonstrate negligence. hence, torts may be divided into negligence, intentional torts, and quasi-torts.
(1)negligence
the standard tort action is negligence. the tort of negligence provides a cause of action?leading to damages , or to relief, in each case designed to protect legal rights, including those of personal safety, property, and, in some cases, intangible economic interests. negligence actions include claims coming primarily from car accidents and personal injury accidents of many kinds including clinical negligence, worker’s negligence and so forth. product liability cases, such as those involving warranties, may or may not be considered negligence actions.
negligence is a breach of legal duty to take care resulting in damage to the plaintiff. the legal burden of proving elements of negligence falls upon the plaintiff. the elements in determining the liability for negligence are:
a)?the tortfeasor owed a duty of care;
b)?there was a breach of that duty；
c)?the tortfeasor directly caused the injury, that is, there was proximate cause；
d)?the plaintiff suffered damage as a re, suit of that breach；
there are a number of situations in which the courts recognize the existence of a duty of care. in?addition to a general duty of care, a duty may also?arise as a result of some sort of special relationship between the parties. examples include one road-user to another, employer to employee, manufacturer to consumer, doctor to patient and solicitor to client .
(2)?intentional torts
intentional torts include certain torts arising from the occupation/ use of land?and trespass to chattels. any direct interference,such as entering land without the occupier’s consent or dispossessing him of a book, a hat, or a picture is actionable. several intentional torts do not involve land. examples include false imprisonment, the tort of unlawfully arresting or detaining someone, and defamation (in some jurisdictions split into libel and slander),where false information is broadcasted and damages the plaintiff’s reputation.
(3)?quasi-torts
quasi-tort means a tort for which a non-perpetrator is held liable. in a quasi tort, a person who did not actually commit a wrong is held liable. for instance, a master will be held liable for a tort committed by a servant under the principle of vicarious liability.
(4)?strict liability
tort liability is customarily divided into intentional tort liability, negligence liability and strict liability. strict liability makes some persons responsible for damages their actions or products cause, regardless of any “fault” on their part. strict liability mainly includes but is not restricted to the following situations:
abnormally dangerous (ultra hazardous )activities: strict liablity often applies when people engage in inherently hazardous activities, such as bursting dams, “blow-out” oil wells ?testing rocket motors, or blasting on a construction site. if a plaintiff is injured by these activities—-no matter how careful the doer was—-he/she is liable for the injury.
products liability: strict liability also may apply in the case of certain manufactured products. in strict product liability, typically anyone who is engaged in the stream of the product (from the manufacturer to the whole-saler to the retailer, or all of them) can be held responsible if the product was defective and someone was injured. there is no need to prove negligence but the injured party must prove that the product was defective.
?
30、公司法
corporate law is a part of a broader companies law(or law of business associations). in?uk, business associations can include?partnerships, trusts (like a pension fund) , corporations limited by shares or companies limited by guarantee (like some universities or charities).us corporations are generally classified into c corporations, s corporations, close corporations, public corporations, professional corporations and non-for-profit corporations.
the four characteristics of the modern corporation are:
(1) separate legal personality of the corporation (the right to sue and be sued in its own name i. e. the law treats the company as a human being);
(2) limited liability of the shareholders (so that when the company is insolvent, they only owe the money that they subscribed for shares);
(3) shares (usually on a stock exchange such as the london stock exchange,?new york stock exchange);
(4) delegated management ( in other words, control of the company placed in the hands of a board of directors).
one of the key legal features of corporations is their separate legal personality , also known as “personhood” or being “artificial persons”. however, the separate legal personality was not confirmed under english law until 1895 by the house o￡ lords in salomon v. salomon & co. ,ltd.
there are certain specific situations where courts are generally prepared to “pierce the corporate veil”(揭开公司面纱)?to look directly at, and impose liability directly on the individuals behind the company. the most commonly cited examples are：
a)?where the company is a mere fa?ade（空壳）；
b)?where the company is effectively just the agent of its members or controllers；
c)?where a representative of the company has taken some personal responsibility for an action；
d)?where the company is engaged in fraud or other criminal wrongdoing ；
e)?where permitted by statute (for example, many jurisdictions provide for shareholder liability where a company breaches environmental protection laws)；
f) in many jurisdictions, where a company continues to trade despite foreseeable bankruptcy the directors can be forced to account for trading losses personally.?
复试相关攻略
?
公益发布丨复试直通车：2023年人大法学考研“知行法学·复试七件套”重磅发布
成绩统计丨2023年人大法学考研《复试一本通》发布：明照携剑随君去，羽扇纶巾赴征尘
再造高峰丨2023人大法学考研初试成绩分析、知行军团战绩及分数线预测：开放、专业、大气
?
?
?更多详情请关注微博/知乎/微信公众号：知行法学，学术型辅导团队，日常发布人大法学考研最新消息，提供法学考研一站式解决方案，有专业、有方法、有温度、有态度。
?????
