一，英语专业面试
好象这几年都是重的题目，应该早准备.今年面试的时候是每一小组进去抽题目，信封装着，也就是说，每一个小组的每一个人题目是不一样的.
下面这些，是我的好朋友FSL在自己也忙面试的时候抽时间帮我写的.如果转帖，请标示姓名.中间可能有一点点输入的拼写错误．
其实不用说这么多，能说一分钟左右就可以了．我抽到的题目很简单，是录取后的学习计划，我说了三条，然后老师问我，对民法的那一部分感兴趣，为什么．（因为其中我提到了我将锁定一些感兴趣的方面，做深入的研究）
专业口语资料
fsl(原创)
Reform in legal system(法制改革)
The reform in legal system is one of the important forms of law development. It means reforming from the conten t to the form of law, from the enactment to the enforcement of law, to meet the needs of cha
nging society. Here, I j ust 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, it s tasks are to create some branches of law, draw up new laws, and abandon or modify some old laws. For exampl e, during the process of reformation, China has created the economic law, the business law , the environmental la w, and so on. In more than 2000 laws and regulations issued from 1949 to 1979 , half of them were abandoned, on e 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 co ncerned with the operation of law in legislation. Second, the reform in the system of judicature is put on the agend a. Third, the improvement of the supervisory system of law is paid more attention. In short, in this stage, the core o f 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 c itizen is also its mission.
As we e, the reform in legal system is always accompanied by other social reforms. It’s one of the characteristic s of the reform in legal system. Besides the inner conflict between laws, the reform in economic system and politic al 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 l ong process, and we look forward to the coming of a society ruled by law.
Division of the science of law（法学体系的划分）
The system of the science of law is an interrelated entirety made up of many branches of the science of law. As a t heoretical system, it is changing with the legal theory and practice of law.
To specialize the rearch, people divide the system of the science of law into many concrete branches according t o certain criterions. But becau of different angle of obrvation and rearch, the division varies from person to p erson. On the whole, criterions are mainly following: taking the object of rearch as criterion, the system is divide d into the science of Constitution, the science of penal law, the science of civil law and so on; taking the level of re arch as criterion, it is divided into the science of theoretical law and the science of applied law. The other criterio ns are the scope of rearch, the method of rearch and so on. But to evaluate if such division is scientific, two fac to
rs should be considered. The first is whether the division accords with the real appearance of the science of la w. The cond and more important is whether the division accords with logical rules.
In china, the division of the science of law shows a complicated picture. Some scholars divided it into five clas s. They are the science of theoretical law , the science of applied law, the science of the history of law, the scienc
e o
f domestic law, the science of international law. Some scholars divided it into six class. They are the science o
f theoretical law , the science of the branch of law, the science of the history of law, the science of legislation, the s cience of international law and the science of marginal law.
The phenomenon of the science of law has complicated relations, so it is difficult to find a division which is perfec t. It just depends on whether the division accords with the appearance of the science of law and which one is accep ted by people more easily. So, I agree to such division, which divides the system into the following class: the sci ence of theoretical law, the science of applied law, the science of the history of law, the science of comparative la w, and the science of marginal law.
Talk about WTO
WTO is the abbreviation of the world trade organization. It is created in January 1 st, 1995, who precursor is GA TT. Its general headquarter is in Geneve, Switzerland. WTO is the biggist trade organization in the world. Ther e are 137 members in WTO now, the gross trade of which occupies above 95 percent of the world trade. WTO, wo rld bank and international monetary fund are called the three pillars of the world economic system.
After the effort of 8 years, China entered WTO successfully in the late 2001. It is an opportunity, but also a challen ge.
One of the most esntial tasks confronting us at prent is to abolish the relevant laws and regulations conflictin
g with the WTO conventions and enact laws that are applicable to tho of the WTO. For example, the criminal la w of the P.R.C should further improve the relevant rules and regulations concerning the object of trademark protec tion, the scope of the counterfeit trademark as well as some other crimes against trademark.
The prent situation of judicature（司法制度现状）
Judicature is one of the important forms of the enforcement of law. In China, the subjects of judicature are only th e court and the procuratorate. Relevently, the system of judicature is made up of two parts: the system of people’s court and the system of the people’s procuratorate.
In China, the power of judicature is divided into the powers of adjudication, powers of procution and the power s of legal supervision. The people’s court exerci the powers of adjudication, and the people’s procuratorate exerc is the powers of procution and the powers of legal supervision.
From the foundation of China, three main procedure laws were issued in succession. They are the criminal procedu re law, civil procedure law and administrative procedure law. In trial, the court follows the principle of public tria l, the independence of judicature, the system whereby the cond instance is final, the people’s jury system and s
o on.
The procedure of lawsuit mainly contains the procedure of first instance, procedure of cond instance, summary p rocedure, procedure for trial supervision and procedure of execution.
Now, we are improving the system of evidence, procedure for review of death ntences and so on.
To view the Ch ina’s system of judicature, we may e that the legislation concerning procedure law is in the process of further im provement, and judicial reformation is also under way.
Talk about the system of lawyer（律师制度）
In China, to be a lawyer, you should pass the national judicial examination first. Then, after the practice in a law fir m in one year, you can get the qualification of lawyer. If you want to provide legal rvice to the public, you shoul d join a law firm. Or you will violate the law.
The lawyer has the obligation of maintaining cret for his customer. According to the law of lawyer, the lawyer sh
ould maintain the state’s crets and his customer’s commercial crets which he knows becau of his work, and t he lawyer should not let out the privacy of his customer. If a lawyer lets out the state’s cret, his qualification wou ld be revoked and he may be investigated and affixed criminal responsibilities. If he lets out his customer’s comme rcial cret and privacy, he would be warned by the judicial and administrative department, or his qualification wo uld be suspended for at least 3 months, but not more than one year if the plot is rious. In my opinion, this punish ment is a little light. It is not enough to be a deterrent for lawyer who lets out his customer’s cret. Sometimes, the
benefits of lawyer and his customer may conflict. So, the law prohibits the lawyer asking his custo mer for extra properties. And the lawyer must not exempt his civil responsibilities for the damage caud by his ill egal activities or mistakes.
In the court, the lawyer has the obligation of withdrawal, and the obligation of authenticity. He must not forge evid ence, or change the content, form and nature of the evidence illegally. And he must not threaten ,lure someone to p rovide fal evidence.
vvvThe system of civil code(民法体系)
About the system of China’s civil code, there are three standpoints in the field of the science of civil law. They ar
e idealism, romanticism and realism. The idealism holds the Roman law in esteem, aiming to promote the status o
f personal law. The romanticism advocates to draw up a loo civil code. While the realism stress to respect the c ustom of our legal system, preferrin
g the system from overall to fraction.
But about the concrete design of civil code, though there are many suggestions, most scholars choo the stand of r ealism. For example, some scholars think the civil code should contain six parts as follows: the general principle, p ersonal rights, real rights, intellectual rights, rights of inheritance, creditor’s rights. Some scholars deem the civil c ode should contain ven parts, as follows: the general principle, real rights, creditor’s rights, rights of relative, rig hts of inheritance, intellectual rights and torts.
The views above have some remblances in content, but also have many differences. The question is why they al l choo realism in the design of the system of civil code. In fact, there are two style about the system of civil cod e. One is the style of Roman, accepted by France, Italy and so on. The other is the style of Germany , accepted b
y Germany and its followers. From the reform in legal system in the late Qing Dynasty, we have accepted the styl e of German’s system of civil code and its concepts, principles, institutions and theoretical system. The arrangeme nt of chapters and ctions, concepts we are using and system of civil rights in the general principles of civil law i n force, apparently drawn lessons from German’s civil code. So, it is not surpri that so many scholars choo th e realism.
The relation of law and society(法律和社会的关系)
The relation of law and society is very clo. The morality, custom, science and technology, politic, population, en vironment and especially the economics influence the law to different degree. As we know, the law regulates all ki nds of social relations. So they always influence each other, and supplement each other. Here, I just talk about the r elation of law and economics, the relation of law and environment.
From the origin of law, we can e that the law is a result of exchange of commodities. About this question, Mar
x had said “ exchange exists first, then it develops to be law”. With the development of economics, the law is beco ming prosperous. It plays an important role in the areas of macroeconomics-control and market supervision. The la w is the economics’ guidance, promoter and guarantee. On the other hand, the economics also promotes the advan ce of legal system.
The environment is the important content of social sustainable development. And as the importance and riousnes s of the environmental problems, the environment becomes the regulated object of law. The science of environmen tal law came into being. It plays important part in protecting and promoting the environment.
In a word, the law is a kind of uful tool to make our society orderly and harmonious . in other word, the operatio n of modern society needs law to regulate. In this process, the content of social life enriches the regulated objects o f law.
The method of study of law(学习法律的方法)
The method of study of law varies from person to person. Roughly, there are two methods. The first is learning fro m legal books,as most of law students do. The cond is learning from our life. The former makes study of law sys tematically, while the latter makes study lively.
I think the latter method is more important. As we know, the law comes from our life, though it is written by me n. Moreover, the purpo of learning law is to u it in our life. So, to e, to listen, to experience, to think all kind s of events related to law is very important. Of cour, law books may be uful, especially when meeting some dif ficulties about the meaning of regulations.
Actually, remembering all kinds of concepts and regulations is not enough. I think understanding the spirit of law i s necessary and uful. For example, we stress autonomy in our private law, but we still e some regulations viola te this principle. Another good example is a judge who deals with civil actions specially may meet a ca, which h as no corresponding rules to cite. In this situation, the ju
dge had better appeal to the spirit of law to solve this probl em.
In a word, the best method of study of law is the one which is suitable for yourlf. I think combing theory and pra ctice cloly is a good and necessary method.
Independence of judicature (司法独立)
The independence of judicature is a hot topic in recent years. Here, I just want to talk about the meaning of the ind ependence of judicature. In my opinion, that means when judicial organs exerci their functions and powers, the y only obey law, not interfered by legislative bodies, administrative units, mass organizations and any other perso n. The independence of judicature in a country, can guarantee the improvement of political organs and make the ri ghts of citizen come true. So, it couldn’t be thought the independence of judicial organs only. It should also includ e the independence of judicial power and the independence of judge.
Above all, comparing with the legislative power and the administrative power, the judicial power ems weaker. A nd it is often encroached for judges is easily controlled by outer factors. So, to ensure the judicial power is exerci d normally, we should emphasize the independence of judicial power.
Second, the independence of judicature means the judicial power could only be exercid by judicial organs, not b y any other unit.
Last but not least, it also means the judges only obey the law when they are exercising their functions and power s. But to guarantee the independence of judge, it should have two conditions. The first condition is that judges sho uld be independent when they exerci their power, not influenced by his superior or any other judge. The other co ndition is the insurance of the judge’s profession, including the obtaining of profession , the maintaining of profess ion and the pay.
In our country, the judicial organs exerci the powers of procution and adjudication, not intervened by other aut horities and person. It manifests the independence of judicial organs. But the state power is controlled by the natio nal people’s congress in unison. The judicial organs are elected by the national people’s congress, who status ar e lower than it. So, in our country, judicial organs have their own features. They can’t be explained by the internati onal theory of the independence of judicature. But it doesn’t mean that we can ignore the rious problems in our j
udicial power, such as administrative interference and bureaucracy. How to establish our independence of judicatu re is a very important question now.
Comparison in legal families(两大法系比较)
The legal family of continental law and the legal family of common law are two different legal families in the worl d. They have different sources. The former takes the Roman law as its source. So, it is also called the legal famil
y of Roman law. The latter is bad on the common law from middle ages in England. So, it is also called the lega l family of ca law
The legal family of continental law is mainly distributed in Europe, American, Asia and Africa, such as France, Ge rmany, Italy and so on. Of the, Europe is the place of origin and center area. While the legal family of common l aw is mainly distributed in England, America, Canada, Australia and so on..
The former are all states of statute law, so people always think the positive law is the main source of the continenta l law. But with the increa of the positive law in the legal family of common law, it is difficult to say the status o f the positive law is their main difference. In fact, in the aspect of legal source, what characterizes the continental l aw is their codification. By contrast, the feature of the common law is their ca law, which is formed from the cou rt’s judgements. The ca law follows the principle of staring decisis. Of cour, in the legal family of continental l aw, they also admit the i
mportance of the ca, but the judge is not legislator, and the ca is not the source of law. Though there are many differences between the two legal families, they influence each other more and more strong ly from the 20th century. And the trend of mixture will be going on in the future.
Procedure of law (程序制度)
The procedure of law is a comprehensive concept, including the procedure of legislation, the procedure of administ ration, the procedure of lawsuit and so on. Here I just talk about the procedure of lawsuit briefly.
The procedure of lawsuit is more complicated than other procedures. In China, it is made up of the criminal proced ure law, the civil procedure law and the administrative litigation law.
In modern society, people have realized the importance of procedure laws in protecting of the system of rule law a nd democracy. Take criminal procedure law for example, to prevent the state power being abud,the criminal proc edure law provides various restriction on filing ca, arrest and other coercive measures, procution, conviction ,i nter alias, tho very strict procedural requirements on arch and izure. The requirements have played a very i mportant role in protecting citizen’s fundamental rights.
To view the China’s procedure law system, we may e that the legislation concerning procedure law is in the proc ess of further improvement, and judicial reformation is also under way. The aims of the reformation and improvem ent are to ensure basic functions of procedure laws, namely safeguarding the public orders while intensify in huma n rights protection and promoting judicial efficiency.
Ca teaching and expository teaching(案例教学和板书教学)
Ca teaching and expository teaching are two different teaching methods. The former pass on knowledge by th e form of ca analysis. The latter pass on knowledge by the form of writing on the blackboard. They have thei r own advantages and disadvantages.
The ca teaching lays particular emphasis on enlightening students’ ideas. This method lets students get in touc
h with the real lawsuits in our life. So ,it easily caus the students’ interest, and the interaction between the teache r and the students is very good. while expository teaching lays particular emphasis on the explanation of the knowl edge, thus, the atmosphere of class may em oppressive and the interaction between the teacher and the students i
