考研真题
1. 西南政法大学外语学院《705基础英语》历年考研真题汇总
2. 全国名校基础英语考研真题
考研指导书
1. 张汉熙《高级英语（1）》（第3版重排版）学习指南【词汇短语＋课文精解＋全文翻译＋练习答案】
2. 张汉熙《高级英语（2）》（第3版重排版）学习指南【词汇短语＋课文精解＋全文翻译＋练习答案】
西南政法大学外语学院《705基础英语》历年考研真题汇总
书籍目录
2009年西南政法大学外语学院705基础英语考研真题
2008年西南政法大学外语学院705基础英语考研真题
部分内容
2009年西南政法大学外语学院705基础英语考研真题
学科专业：外国语言学及应用语言学
考试科目：基础英语(150)
I. Replace the italicized words with simple，everyday words (10 marks, 1 mark each)
1. and of
would-be purchasers arguing and bargaining（ ）
2. where
thousands upon thousands of people had been slain in one second. ( )
3. He
insisted that man drop his religious illusion（ ）
4. and thus
beguile ourselves for an hour or so after dinner（ ）
5. Darkness
falls，and there is nothing but the intermittent gleam of
a lighthouse on a solitary promontory（ ）
6 .and saved
the world from the catastrophe（ ）
7. I see that
small group of villainous men，who plan，organize（ ）
8. They have
completely transformed our cumulative ability to exploit the earth for sustenance.（ ）
9. But one
doesn’t have to travel around the world to witness humankinds assault on
the earth（ ）
10. My
research for the underlying causes of the environmental crisis has led
me to travel around the word to examine and study many of these images of
destruction.（ ）
II. Vocabulary and
structure (20 marks, 1 mark each)
11. The food
was divided ______ according to the age and size of the children.
【A】equally 【B】proportionately【C】sufficiently 【D】adequately
12. Nowadays
a large number of people buy _____ Christmas trees instead of real ones.
【A】false 【B】fake
【C】sham
【D】artificial
13. You need
to rewrite this sentence because it is_________; the readers will have
difficulty in understanding it.
【A】comprehensive【B】alternative【C】sufficiently 【D】ambiguous
14. I was
________ by their kindness and moved to tears
【A】preoccupied 【B】embarrassed【C】counseled 【D】overwhelmed
15. To the waiter’s
relief, the plate was left ______ after being dropped on to the floor.
【A】unchanged【B】intact【C】unharmful
【D】complete
16.The
sociologist responded to the charge that her new theory was______by pointing
out that it did not in fact contradict accepted sociological principles。
【A】concealed 【B】complex【C】superficial
【D】hereditary
17.Industrialists
seized economic power only after industry had________griculture as the
preeminent form of production。
【A】joined【B】accepted【C】seen
【D】surpassed
18.Our plan
should be________in accordance with the altered circumstances。
【A】whirled 【B】stroked 【C】modified 【D】distracted
19.Competition，they believe,_________the national character rather than corrupt it。
【a】enforces 【b】confirms【c】intensifies【d】strengths
20. Why
should anyone want to read______of books by great authors when the real
pleasure comes from reading the originals？
【a】themes【b】insights【c】digests【d】leaflets
21. Rightist
Christian leaders called for the ________of Lebanon into Moslem and Christian
states。
【a】participant【b】particle【c】partition【d】participation
22. The
female swimming________against the currents won honor for our country in the 24th
Olympic Games
【a】striving【b】rescuing 【c】defending【d】hindering
23. An
important property of a scientific theory is its ability to________further
research and further thinking about a particular topic
【a】stimulate【b】renovate【c】arouse 【d】advocate
24. Some
people who are very intelligent and successful in their fields find________difficult
to succeed in language learning。
【a】that【b】it【c】which【d】what
25.
_________man can now create radioactive elements，there is
nothing he can do to replace their radioactivity。
【a】as 【b】whether 【c】while 【d】now that
26. JohnD
Rockefeller，_________owned 90
percent of all American oil refineries。
【a】
as still a young man 【b】a young man however
【c】while still a Young man 【d】in spite of a young man
27. If you
want to phone him，you will have
to________the number in the book first
【a】look through 【b】look up 【c】look forward to 【d】look down upon
28. While
walking along the icy River ， we could see cracks in the ice _______in all
directions
【a】splitting 【b】radiating【c】transmitting 【d】transferring
29. Although
he has_______many good things during his term as president，he should be forced to give up some of his Powers
【a】accomplished 【b】completed 【c】finished 【d】achieved
30.
___________always exists between the theoretical deduction and the result of
experimentation
【a】 Deviation 【b】Derivation 【c】Variation【d】Variety
III.
Reading Comprehension（30marks，1.5marks each）
Passage One
Why should anyone buy the latest volume in ever-expanding
Dictionary of National Biography？I do not mean
that it is bad，as the reviewers will agree. But it will cost you 65pounds.And have you
got the rest of volumes? You need the basic 22plus the largely decennial
supplement to bring the total to31.Of course, it will be answered, public and
academic libraries want the new volume. After all, it adds 1068 lives of people
who escaped the net of the original compilers, yet in 10 years’ time a revised
version of the whole caboodle，called the
New Dictionary of National Biography，will be
published. Its editor, Professor Colin Matthew, tells me that he will have room
for about 50,000lives,some 13.000more than in the current DNB. This rather puts
the 1,068 in Missing Persons in the shade.
When Dr. Nicholls wrote to The Spectator in 1989 asking
for names of people whom readers had looked up in the DNB and had been disappointed
not to find，she says that she
received some 100，000suggestions.(Well
,she had written to “other quality newspapers”too) As soon as her committee had whittled
the numbers down ,the professional problems of an editor began. Contributions
didn’t file copy on time ; some who did send too much： 50，000words
instead of 500is a record ，according to Dr Nieholls.
There remains is the dinner-party games of who’s in,
who’s out. That is a games that the reviewers have played and will continue to
play . Criminals were my initial worry. After all, the original edition of the DNB boasted： Malefactor whose crimes excite a permanent
interest have received hardly less attention than benefactor. Mr. John Gros
clearly had similar anxiety ,for he complaints that, while the murdered
Christie is in, Crippen is out. One might say in reply that the injustice of
the hanging of Evans instead of Christie was a force in the repeal of capital
punishment in Britain, as Ludivie Kennedy (the author of Christies entry in
Missing Persons) note. But then Crippen was reputed as the first murders to be
caught by telegraph(he had tired to escape by ship to America)
It is surprising to find Max Miller excluded when really
not very memorable names get in。There has
been a conscious effort to put in artists and architects from the Middle Ages.
About their lives not much is always known.
Of Hugo of Bury St. Edmunds, a 12th century illuminator
whose dates of birth and death are not recorded, his biographer comments:
“Whether or not Hugo was a wall-painter, the records of his activities as
carver and manuscript painter attest to his versatility.” Then there had to be
more women, too (12 percent, against the original DBN’s 3), such as Roy
Strong’s subject, the Tudor painter Levina Teerlinc of whom he remarks: “Her
most characteristic feature is a head attached to a too small, spindly body.
Her technique remained awkward, thin and often cursory.” Doesn’t seem to
qualify her as a memorable artist. Yet it may be better than the record of the
original DNB, which included lives of people who never existed (such as Merlin)
and even managed to give thanks to J. W. Clerke as a contributor, though, as a
later edition admits in a shamefaced footnote, “except for the entry in the
List of Contributors there is no trace of J.W.Clerke.”
31. The
writer suggests that there is no sense in buying the latest volume
[A]
because it is not worth the price.
[B]
because it has fewer entries than before.
[C]
unless one has all the volumes in his collection.
[D]
unless an expanded DNB will come out shortly.
32. On the issue of who
should be included in the DNB, the writer seems to suggest that
[A] the editors had clear rules to follow.
[B] there were too many criminals in the entries.
[C] the editors clearly favoured benefactors.
[D] the editors were irrational in their choices.
33.Crippen was absent from the DNB
[A] because he escaped to the United States.
[B] because death sentence had been abolished.
[C] for reasons not clarified.
[D] because of the editors’ mistake.
34. The author quoted a few entries in the last paragraph
to
[A]
illustrate some features of the DNB.
[B]
give emphasis to his argument.
[C]
impress the reader with its content.
[D]
highlight the people in the Middle Ages.
35. Throughout the passage, the writer’s tone towards the
DNB was
[A]
complimentary.
[B]
supportive.
[C]
sarcastic.
[D] bitter.
Passage 2
Directions: There are 5 incomplete sentences in this part.
For each sentence there are four choices marked [A], [B], [C] and [D]. Circle
the one that best completes the sentence.
For every
generation before ours, the first concerns were: Can I grow old? Will my baby
reach a ripe old age? Please let us grow older! Now the average life expectancy
in the US has advanced from 47 in 1900 to better than 76 in 1999. During the
next century, new biological discoveries should ensure that even more of us
will live to see old age and will encourage us to dream, in wild or wistful
moments, that we might not have to grow old at all.
Whenever I
want to feel optimistic, I think about work in progress in the laboratory of
Seymour Benzer of the California Institute of Technology. Benzer made the first
detailed map of a gene’s interior, and his student Ronald Konopka discovered
that first so-called clock gene, which ticks away inside virtually every living
cell, helping tell our bodies where we are in the daily sweep from morning to
night. Now, at 77, Benzer is searching through our genes for a sort of clock of
clocks that tells us where we are in the sweep from the cradle to the grave and
decides how fast we age. Recently he discovered a mutant fruit fly that lives
more than 100 days, about one-third longer than the rest of the madding crowd
in a fly bottle. What makes the difference is a single gene, which Benzer calls
Methuselah.
If one gene
can do that much for flies, then what can our genes for us? Maybe there really
is a clock of clocks, and maybe, just maybe, 21st century biologists will
figure out bow to twiddle and reset the hands.
We are
already doing better at preventive medicine and at repairing old
bodies—dealing with abdominal fat, atherosclerosis, blood pressure, blood
sugar, cataracts and so on. In the next century, molecular biologists are
likely to tinker with more and more of our genetic machinery, in what may be
either mankind’s worst folly or the most significant software upgrade of the
21st century.
Of course, on
this question of old age, science is still a baby. There are plenty of
biologists who believe that aging and death are as inevitable as taxes. No one
really knows if human longevity will come up against a fixed barrier somewhere
or if ,like the sound barrier, it is there only to be broken. Some
gerontologists say the limit of the average life span is 85 years; others, 95,
100, 150 and beyond. No one understands the economic barriers either. Ronald
Lee, a demographer at the University of California, Berkeley, calculates that for
each year we add to the average life span, the economy will have to grow 1% to
pay for our care.
36. In the past century the average life expectancy in
the US_________.
[A]
has advanced 47
[B]
has advanced to 76
[C]
has increased a good 29 years
[D]
has increased nearly 30 years
37. the phrase “from the cradle to the
grave”(Para.2)probably means_______.
[A] from the
kindergarten to the university
[B]
from the childhood to the old age
[C]
from one’s birth to death
[D] from one’s family to the society
38.According to the text, Methuselah is ________.
[A]
the name of a mutant fruit fly
[B]
the madding crowd in a fly bottle
[C]
the name of a kind of gene that prolongs the life of a mutant fly
[D] a
preventive medicine that can repair old bodies
39. By stating “science is still a baby”(Para.5) the
author probably means________.
[A]
science is full of vitality
[B] science
is still at its primary stage
[C]
science is a failure in genetics
[D]
science is sure to grow
40. Which of the following may be considered as barriers
against human longevity?
[A] The economy.
[B]
Science, which is still a baby.
[C]
The limit of the average life span.
[D]
Inevitable aging and death.
Passage 3
Directions: There are 5 incomplete sentences in this part.
For each sentence there are four choices marked [A], [B], [C] and [D]. Circle
the one that best completes the sentence.
Despite
Denmark’s manifest virtues, Danes never talk to foreigners about Denmark, they
always begin by commenting on its tininess, its unimportance, the difficulty of
its language, the general small-mindedness and self-indulgence of their
counrymen and the high taxes. No Dane would look you in the eye and say,
“Denmark is a great country.” You are supposed to figure this out for yourself.
It is the
land of the silk safety net, where almost half the national budget goes toward
smoothing out life’s inequalities, and there is plenty of money for schools,
day care, retraining program, job seminars-Danes love seminars: three days at a
study center hearing about waste management is almost as good as a ski trip. It
is a culture bombarded by English, in advertising, pop music, the Internet, and
despite all the English that Danish absorbs—there is no Danish Academy to
defend against it—–old dialects persist in Jutland that can barely be
understood by Copenhageners. It is the land where, as the sweet egalitarianism
that prevails, where the lowliest clerk gives you a level gaze, where Sir and
Madame have disappeared from common usage, even Mr. and Mrs. It’s a nation of
recyclers—-about 55% of Danish garbage gets made into something new……and no
nuclear power plants. It’s a nation of tireless planner. Trains run on time.
Things operate well in negeral.
Scuh a nation
of overachivers—–a brochure from the Ministry of Business and Industry
says,” Denmark is one of the world’s cleanest and most organized countries.”
With virtually no pollution, crimes, or poverty. Denmark is the most
corruption-free society in the Northern Hemisphere.” So, of course, one’s heart
lifts at any sighting of Danish sleaze: skinhead graffiti on buildings, broken
beer bottles in the gutters, drunken teenagers slumped in the park:
Nonetheless,
it is an orderly land. You drive through a Danish town, it comes to an end at a
stone wall, and on the other side is a field of barley, a nice clean line: town
here, country there. It is not a nation of jay-walkers. People stand on the
curb and wati for the red light to change, even if it’s 2 a.m and there is not
a car in a sight. However, Danes don’t think of themselves as a
wainting-at-2-a.m-for-the-green-light people……that’s how they see Swedes and
Germans. Danes see themselves as jazzy people, improvisers, more free spirited
than Swedes,but the truth is that Danes are very much like Germans and Swedes.
Orderliness is a main selling point. Denmark has few natural resources, limited
manufacturing capability; its future in Europe will be as a broker, banker, and
distributor of goods. You send your goods by container ship to Copenhagen, and
these bright, young, English-speaking, utterly honest, highly disciplined
people will get your goods around to Scandinavia, the Baltic States, and
Russia. Airports, seaports, highways, and rail lines are ultramodern and
well-maintained.
The
orderliness of the society doesn’t mean that Danish lives less messy or lonely
than yours or mine, and no Danes would tell you so. You can hear plenty about
bitter family feuds and the sorrows of alcoholism and about perfectly sensible
people who went off one day and killed themselves. An orderly society cannot
exempt its members from the hazards of life.
But there is
a sense of entitlement and security that Danes grow up with. Certain things are
yours by virtue of citizenship, and you shouldn’t feel bad for taking what you
are entitled to, you are as good as anyone lese. The rules of the welfare
system are clear to everyone, the benefits you get if you lose your jov, the
steps you take to get a new one; and the orderliness of the system makes it
possible for the country to weather high unemployment and social unrest without
a sense of crisis.
41. The author thinks that Danes adopt a_______ attitude
towards their county.
[A]
boastful
[B] modest
[C] deprecating
[D] mysterious
42. Which of the following is NOT a Danish characteristic
cited in the passage?
[A]
Fondness of foreign culture
[B]
Equality in society
[C]
Linguistic tolerance
[D]
persistence planning
43. The author’s recreation to the statement by the
Ministry of Business and Industry is ____.
[A]
disapproving
[B] approving
[C]
noncommittal
[D] doubtful
44.According to the passage, Danish orderliness_____.
[A]
sets the people apart from Germans and Swedes
[B]
spares Danes social troubles besetting other people
[C] is
considered economically essential to the country
[D]
prevents Danes from acknowledging existing troubles
45. At the end of the passage the author states all the
following EXCEPT that _______.
[A]
Danes are clearly informed of their social benefits
[B]
Danes take for granted what is given to them
[C]
the open system helps to tide the country over
[D]
orderliness has alleviated unemployment
Passage 4
Directions: In
this section, there is a short passage with 5 questions or incomplete
statements. Read the passage carefully. Then answer the questions or complete
the statements in the fewest possible words.
The railroads
played a key role in the settlement of the West. They provided relatively easy
access to the region for the first time, and they also actively received
farmers to settle there. The railroads are criticized for their part in
settling the West too rapidly, with its consequent economic unrest ( After the
Civil War vast Great Plains area was settled all at once). Of course, there
were abuses connected with building and operating the railroads, but it must be
pointed out that they performed a useful service in extending the frontier and
helping to achieve national unity.
The real
tragedy of the rapid settlement of the Great Plains was the shameful way in
which the American Indians were treated. Threatened with the destruction of
their whole mode of life, the Indians fought back savagely against the white
man’s final thrust. Justice was almost entirely on the Indians’ side. The land
was clearly theirs: frequently their title (土地所有权) was legally
certified by a treaty negotiated with the federal government.
The Indians,
however, lacked the military force and political power to protect this right.
Not only did white men intrude the Indians’ hunting grounds, but they rapidly
destroyed the Indians’ principal means of existence——the buffalo. It has
been estimated that some 15 million buffalo roamed the plains in the 1860s. By
1869 the railroads had cut the herd in half, and by 1875 the southern herd was
all but eliminated. By the middle of the 1880s the northern herd was also a
thing of the past. Particularly irritating to the Indians was the fact that the
white man frequently killed the buffalo merely for sport, leaving the valunable
animal to rot in the sun.
The plains
Indians were considered different from the Indians encountered by the English
colonists on the Atlantic coast. Mounted on horses descended from those brought
by the Spanish to Mexico many years before, typical plains Indians were fierce
fighters who could shoot arrows with surprising accuracy while galloping at top
speed. Although they quickly adapted themselves to the use of the rifle, the
Indians were not equal to the firepower of the United States army and thus were
doomed to defeat.
46. According to the author, during the settlement of the
West the shameful thing is the ______ of the American Indians.
47.The Indians could not protect their right, why?
48. The chief means of the American plains Indians’
existence is ______.
49.The function of building railroads is to _______.
50. What is the point of comparison between plains
Indians and the Indians encountered on Atlantic coast?
Ⅳ. Translate the following into
Chinese ( 15 marks, each 3 marks)
51. The very
act of stepping on this soil, in breathing this air of Hiroshima, was for me a
far greater adventure than any trip or any reportorial assignment I’d
previously taken.
52. The
strangest thing about the use of drugs in sports is the fact that there is no
real evidence to show that they can improve athletic performance.
53. We are
ripping matter from its place in the earth in such volume as to upset the
balance between daylight and darkness.
54. It would
be a pity for a man who handed down hundreds of wise decisions from the bench
to be remembered only for the one unwise decision he made in Congress.
55. King’s
spick-and-span flagship belonged to a different world than the storm-whipped
British vessel, where the accommodation ladder was salt-crusted, the camouflage
pain was peeling, and even the main battery guns looked pitted and rusty.
Ⅴ.Reading the following text and
answer the questions（25 points）
What is wrong
with federal criminal-lawmaking is just a specific instance of a general
lawmaking pathology identified nearly four decades ago by Judge Friendly. In an
essay entitled The Gap in Lawmaking: Judges Who Can’t and Legislators Who
Won’t, Friendly described the regulatory disarray that results when
Congress occupies a field with statutes that are sufficiently comprehensive to
displace inventive common-lawmaking but insufficiently comprehensive to resolve
the problems that Congress is trying to regulate. Although Friendly did not
apply it to criminal law, his framework fits it to a tee: Congress won’t make
law with sufficient specificity to resolve important issues of policy, and
judges can’t (or at least perceive that they can’t) remedy this inattention
with lawmaking of their own. This lawmaking gap is eventually filled by
individual U.S. Attorneys who do effectively make law by adapting vaguely
worded statutes to advance their own political interests.
Start with
members of Congress who won’t. It is axiomatic that “within our federal
constitutional framework the legislative power, including the power to define
criminal offenses, resides wholly with the Congress.” But this axiom is also a
rank fiction. Anyone who practices or studies federal criminal law knows that
the highly general prohibitions that make up Title 18 of the United States Code
supply only a trivial fraction of the effective legal rules; the rest are to be
found in the case law applying those prohibitions to actual cases.
A few examples
should suffice. “Fraud” is a legal concept that is incomplete by design, having
been fashioned by equity courts as a general catchall for grossly wrongful or
deceptive conduct that evades established common law norms. The concept of
“property” also lacks a precise definition that applies across legal contexts.
Thus, by incorporating these concepts into a host of important criminal
statutes — including mail and wire fraud, conspiracy to defraud the United
States, the National Stolen Property Act, and the federal theft provision –
Congress did not so much make law as create a demand for law to be made at some
later date. And that is exactly what has happened as these statutes have
gradually been extended to scores of discrete forms of wrongdoing – from title
washing to insider trading, from misappropriation of confidential information
(private and governmental) to public corruption—- that no one believes
Congress specifically had in mind when it enacted these laws.
The same
story applies to statutes of more recent vintage, such as the Racketeer
Influenced and Corrupt Organizations Act (“RICO”). Congress did little to spell
out the forms of organized criminality that this offense is supposed to cover.
For example, the statutory definition of “enterprise,” which “includes any
individual … and any union or group of individuals associated in fact,”
literally excludes nothing from its scope. Other opaque but critical terms,
such as “to conduct or participate … in the conduct of” the affairs of an
enterprise, lack any statutory definition whatsoever. Congress apparently
imagined that RICO would be directed at organized crime bosses and corrupt
union chieftains, but the offense that this ill-defined statute has become now
extends to violent political protestors, overreaching financiers, and dishonest
politicians as well.
What accounts
for Congress’ persistent failure to enact complete criminal prohibitions? The
explanation is the convergence of two forces, both of which were described by
Friendly. The first is political dissensus. In “highly controversial areas,”
Friendly wrote, Congress may be deterred from legislating with specificity not
by “lack of interest … but [by the] equivalence of conflicting pressures – in
which the chessmen have been moved and moved but the game has been a draw.”
Highly general or vague statutory language is the predictable outcome of a
political stalemate of this sort, because it spares members of Congress from
having to take definitive stands that could disappoint powerful constituencies.
Congress settled on RICO’s nondefinition of “enterprise,” for example, only
after attempts to specify what or two constituted “organized crime” in RICO
provoked strong opposition by organized labor, civil libertarians, and other
interest groups.
The second
force that contributes to unspecific criminal legislation is the press of other
legislative business. Just as members of Congress “are too driven to be able to
attend to” mundane issues of regulatory policy, so they are too driven to
attend to the mundane details of the federal criminal code. To convince the
public that their representatives are getting “tough” on crime, it is enough
for Congress to enact highly general, or even purely symbolic, legislation.
Because they take relatively little time to enact, such highly general statues
leave Congress free to focus more attention on appropriations and other
noncriminal programs values by the organized interest groups on whose support
members depend for reelection.
As Friendly’s
account suggests, these dynamics are not peculiar to criminal law. Indeed, they
also plausibly explain the low profile role that Congress chooses to play in
fields such as labor law and antitrust. There, incompletely specified statutes
are understood as implicit delegations of lawmaking power to courts, which have
responded by developing robust bodies of “federal common law.” It is tempting
to view federal criminal law as a common law field of the same essential
character.
What makes
such a picture seem at least a bit distorted, however, is that federal judges
themselves do not usually see their role this way. This is the “judges who
can’t” side of the story. Notwithstanding Congress’ abdication of its
criminal-lawmaking responsibilities, courts regularly take the position that they
are powerless to read limiting principles into RICO and other broadly worded
statutes on the ground that adopting them would infringe on Congress’ exclusive
lawmaking prerogatives. Abrams and Beale describe the recurring “pattern”:
Congress is
presented with information suggesting that there is a type of large scale crime
problem of sufficient magnitude and occurring on a national scale so as to
warrant federal intervention through the legislating of a law federal crime.
Congress
proceeds to legislate a statute that is drafted in terms that extend more
broadly than the kind of large scale criminal activity which was the perceived
reason for the legislation. The legislative history is nevertheless replete
with statements indicating that the purpose of the statute was to deal with the
perceived kind of large scale criminal activity.
Subsequently,
a prosecution is brought under the new statute, involving a mundane, local
situation rather than the type of large scale criminal activity that was the
perceived national crime problem. Because of the absence of limiting language
in the statute, the prosecution appears to be a permissible invocation of the
statute, and the defendant is convicted. The defendant appeals, claiming that
the statute should be limited to the purposes behind the statute as delineated
in the legislative history. The court upholds the broad interpretation of the
statute, consistent with its actual language, concluding that while the statute
was “primarily” aimed at the indicated large scale criminal activity, the plain
meaning of its express language is controlling.
Implicit in
this account, finally, is the role of individual “U.S. Attorneys who do.” They
are the ones deciding to bring open-ended criminal statutes to bear on
“mundane, local situation[s]” remote from the perceived exigency that prompted
Congress to enact those laws. Because Congress systematically fails to specify
the content of criminal statutes, and because courts routinely eschew the
authority to give content to those statutes through policy-laden
common-lawmaking, U.S. Attorneys exercise effective criminal-lawmaking power by
default.
For
predictable reasons, U.S Attorneys exercise that power in a way that pushes
federal criminal law far beyond the scope of any genuinely federal concern.
U.S. Attorneys are extraordinarily ambitious and routinely enter electoral
politics after leaving office. Consequently, while in office, they face
significant incentives to advance imaginative readings of vague criminal
offenses in order to please influential local interests.
Consider
Rudolph Giuliani’s notorious insider trading prosecutions. According to Daniel
Fischel, Giuliani brought these cases in a self-conscious attempt to court the
approval of established Wall Street firms, which were then being routed by
Michael Milken and other financial innovators, and which ultimately did supply
critical support to Giuliani is open to dispute, the key point is that
Congress’ and the courts’ lawmaking abdication makes entrepreneurial behavior
by U.S. Attorneys both plausible and predictable.
These
dynamics make for law that is as bad in content as it is broad in form. The
standard critique of how federal criminal law unfolds focuses on its disregard
for notice and other “rule of law” values, a particularly legitimate concern
when the law is being applied to malum prohibitum conduct. But giving de facto
lawmaking power to individual U.S. Attorneys also undermine important systemic
interests at stake in the criminalization of malum prohibitum (法律所禁止的行为) and malum in se (不法行为) conduct
alike. Too much federal criminal law can waste governmental resources, chill
socially desirable conduct, divest state governments of political vitality, and
distort the formation and expression of national moral ideals. Individual U.S.
Attorneys do not internalize these costs when they parley their power to
enlarge the scope of federal criminal law into personal political benefits. As
a result, a body of federal law constructed in large part by individual U.S.
Attorneys is certain to disserve important national political interests.
Question 1. In what way does the author of this passage suggest that
the Congress abdicate its criminal-lawmaking responsibilities?
Question 2. By saying the “political dissensus”, what does the
author intend to convey about the Congress?
Question 3. Why can’t the judges, with lawmaking of their own,
remedy the inattention which results from the Congress’s inability to legislate
with sufficient specificity to resolve the important issues of policy?
Question 4. How do the U.S. Attorneys exercise effective
criminal-lawmaking power by default?
Question 5. How are the individual U.S. Attorneys invested with the
de facto interpretive criminal-lawmaking powers and what are the possible
consequences?
Ⅵ.Writing (50 points)
Direction: In this part
of the test, you are to write an essay upon the given directions in more than
500 words. You are to write clearly, express the ideas logically on the ANSWER SHEET.
Title: Reflections on the Contaminated Milk and Poisoned Drug in China
Outline:
1. The present situations about the
contaminates milk and poisoned drug incidents in China
2.The possible causes
3. The countermeasures taken by the
government
4.Your reflections
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