91 年度私立輔仁大學法律學系研究所博士班考題
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科  目: 法學英文
年  度: 91
全卷點數: 0 點  下載考題(免費)
點閱次數: 1685
銷售明細: 4
一、Translate into Chinese(25%)
1.The Rule of Law is a couventent term to summarize a combination of ideals and practical legal experience concerning which there is over a wide part of the world, although in embryonic and to some extent inarticulate form, a consensus of opinion among the legal profession.
2.Two ideals underlie this conception of the Rule of Law. In the first place, it implies without regard to the content of the law, that all power in the State should be derived from and exercised in accordance with the law. Secondly, it assumes that the law itself is based on respect for the supreme value of human personality.

二、Translate into English(25%)
為保障科技發展已得之利益,以及防治科技發展所生之弊害,需視利益與弊害之性質如何,分從不同種類的法律著手。例如新型科技活動所造成之權益損害,如何穩定其責任而獲致賠償,多非原有的民事法律所能應付,而有待新的理論與立法加以代替與補助。
至於因科技發展之結果,而致犯罪之對象及種類擴增,亦多需創立新法以為對策,諸如生活環境之保護,電腦資料處理與科技秘密之保護,以及電腦犯罪等,均為刑法上亟待解決之問題。

三、Translate into Chinese(50%)
AMENDMENT I (1791)
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
AMENDMENT II (1791)
A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms,shall not be infringed.
AMENDMENT III (1791)
No Soldier sball, in time of peace of quartered in any house, without the consent of the Owner, nor In time of war, but in a manner to be prescribed by law.
AMENDMENT IV (1791)
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describins the place to be searched, and the persons or things to be seized.
AMENDMENT V (1791)
No person shall be held to answer foe a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except In cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law, nor shall private property be taken for public use, without just compensation.
AMENDMENT VI (1791)
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
AMENDMENT VII (1791)
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States,than according to the rules of the common law.
AMENDMENT VIII (1791)
Excessive bail shall not be required, not excessive fines imposed, nor cruel and unusual punishments inflicted.
AMENDMENT IX (1791)
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
AMENDMENT X (1791)
The powers not delegated to the United States by the Constitution, not prohibited by it to the States, are reserved to the States respectively, or to the people.


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