93 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: 93
全卷點數: 0 點  下載考題(免費)
點閱次數: 2358
銷售明細: 4
一、Translate into Chinese(25%)
A treaty is an agreement by states to be bound by particular rules. International treaties have different designations such as covenants, charters, protocols, conventions, accords and agreements. A treaty is legally binding on those States which have consented to be bound by the provisions of the treaty - in other words are party to the treaty.
A State can become a party to a treaty by ratification, accession or succession. Ratification is a State's formal expression of consent to be bound by a treaty. Only a State that has previously signed the treaty(during the period when the treaty was open for signature)can ratify it. Ratification consists of two procedural acts: on the domestic level, it requires approval by the appropriate constitutional organ(usually the head of State or parliament). On the international level, pursuant to the relevant provision of the treaty in question, the instrument of ratification shall be formally transmitted to the depositary which may be a State or an international organization such as the United Nations.
Accession entails consent to be bound by a State that has not had previously signed the instrument. States ratify treaties both before and after the treaty has entered into force. The same applies to accession.

二、Translate into Chinese(25%)
The origin of Chinese law dates back to a time many centuries before the beginning of the Christian era, and is to be found in the historical books compiled by Confucius in the fifth century B.C. The axioms laid down in these classics were cited as valid basic legal principles for thousands of years, up to the early years of the twentieth century.
Reconstituting the legal system in each dynasty is no easy task. Almost every dynastic history had a special chapter on law, headed Hsing Fa Chih, but the scope of the ancient Hsing Fa Chih had a much wider scope than sanctions. They comprehended the whole sphere of law, including the protection of life and private property. These chapters in the dynastic histories describe the laws of the time in some detail, but they do not reproduce the complete texts of the dynastic codes. Chinese students of legal history have to devote great care to the study of other chapters of the dynastic histories-chapters on the history of the emperors and their courts, on the organization of administration and of officials and even on the economy of the period.

三、Translate into Chinese(25%)
Section 4: Judicial Organs
Article 79
The courts of the Hong Kong Special Administrative Region at various levels are the judicial organs of the Region, exercising the judicial power of the region.
Article 80
The Court of Final Appeal, the High Court, district courts, magistrates’courts and other special courts are established in the Hong Kong Special Administrative region. The High Court comprises the Court of Appeal and the Court of First Instance.
The judicial system previously in practice in Hong Kong shall be maintained except for those changes consequent upon the establishment of the Court of Final Appeal in the Hong Kong Special Administrative Region.
Article 81
The power of final adjudication of the Hong Kong Special Administrative Region is vested in the Court of Final Appeal in the Region, which may as required invite judges from other common law jurisdictions to sit on the Court of Final Appeal.

四、Translate into English(25%)
定罪階段與量刑階段未加以區分:現行台灣司法並未對定罪與量刑二階段加以區分,與量刑有關之證據在定罪階段一併提出。因此,被告和其辯護人被困在一個兩難的情境,一方面得為自己的清白辯護,另一方面,又必須在法官面前表現自己的悔意,被告必須聲稱自己是無辜的,同時又得說抱歉。刑事無罪推定原則被嚴重削弱,如果被告應被推定為無罪,則在審判過程就不應該討論影響量刑的證據。


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