问题 问答题

简述法的作用的局限性。

答案

参考答案:

(1)法律调整的范围是有限的。法只是调整社会关系的手段之一,还存在其他调整社会关系的手段。(2分)

法的制定和实施受人的因素的制约。需要高素质的立法者,也需要具备良好法律素质和职业道德的专业队伍正确执行和适用,还需要绝大多数社会成员的支持。(2分)

法自身特点的有限性,如法的稳定性与灵活性之间的矛盾等。(2分)

(4)法的实施受政治、经济、文化等社会因素的制约。(2分)

(5)在认识法的作用的局限性时,应该反对法律虚无主义和法律万能主义。(2分)

解析:关于法的局限性,今年非法学和法学中均在主观题部分出现。预计明年出现的可能性不太大了。但它还是司法考试的重点内容,考生还是要对其完全掌握。

阅读理解

If the world were a village of 1,000 people, it would include:

★ 584 Asians

★ 124 Africans

★ 95 Eastern and Western Europeans

★ 84 Latin America

★ 55 former Soviets (including Lithuanians, Latvians, Estonians, and other national groups)

★ 52 North Americans

★ 6 Australians and New Zealand

The people of the village would speak:

★ 165 Mandarin

★ 86 English

★ 83 Hindu/Urdu

★ 64 Spanish

★ 58 Russian

★ 37 Arabic

The above list covers the mother tongues of only half the village.

One-third of the people in the village are children, and only 60 are over the age of 65. Just under half of the married women in the village have access to modern equipments.

This year 28 babies will be born. Ten people will die, 3 of them for lack of food, 1 from cancer. Two of the deaths will be of babies born within the year. With the 28 births and 10 deaths, the population of the village next year will be 1018.

In this village of 1,000 persons,200 people receive 75 percent of the income: another 200 receive only 2 percent of the income.

About one third have access to clean, safe drinking water.

Of the 670 adults in the village, half can not read nor write.

The village has a total yearly budget(预算), public and private, of over $ 3 million--$ 3,000 per person if it is distributed evenly. Of the total $ 3 million:

★ 181,000 goes to weapons and warfare

★ 159,000 to education

★ 132,000 to health care

These weapons are under the control of just 100 of the people. The other 900 are watching them with deep anxiety, wondering whether they can learn to get along together.

小题1: Which of the following is true about Mandarin according to the text?

A.Nearly one third of Asian people speak Mandarin in the village.

B.About 25 percent of the people speak Mandarin in the village.

C.About 16.5 percent of the people speak Mandarin in the village.

D.Nearly all the Mandarin-speaking people are from Asia in the village.小题2:Which of the following problems is NOT mentioned in the text?

A.Poverty

B.Education.

C.Environment.

D.Marriage.小题3:The underlined part “have access to”(in Para. 4) means____.

A.use

B.buy

C.produce

D.try小题4:The last sentence in the text implies that most of the people long for ___.

A.a peaceful world

B.good education

C.better health care

D.a life without anxiety

单项选择题