94 年度私立東吳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: 94
全卷點數: 0 點  下載考題(免費)
點閱次數: 2309
銷售明細: 9
一、Part One
Please read the following paragraphs very carefully, then (1) RESTATE in concise Chinese the whole excerpt, and (2) SUMMARIZE in legal English the ESSENCE of each of the following paragraphs:
1.GATT (General Agreement on Tariffs and Trade) Article X states that World Trade Organization (WTO) Members must ensure the publication and uniform application of all foreign trade laws and regulations. Although the word transparency does not appear in the text, Article X imitates most of the U.S. views of transparent government practices. The Protocol on the Accession of China (hereinafter "Protocol") expands Article X publication requirements to include all laws or regulations falling within the WTO's mandate and details China's individual obligations through two specific undertakings. First, China may only enforce laws, regulations, or other measures that it has actually published. Second, if other WTO Members request information, then China must make all laws, regulations, and other measures falling within the WTO's mandate readily available. These requirements, while seemingly simple, may present a problem for China. Unlike developed countries such as the United States, whose democratic ideals have resulted in a long track record of widespread publication, Chinese administrative practice involves the frequent use of unpublished informal regulatory documents. Although not specifically required by the Protocol, China could use the Internet, similar to recent U.S. Internet resource options, as a means to assemble all government information at a single point to increase transparency of Chinese laws and regulations and create a single enquiry point.(30%)

2.A protective search for weapons, unlike a search without warrant incident to a lawful arrest, is not justified by any need to prevent the disappearance or destruction of evidence of crime. The sole justification of the search in the present situation is the protection of the police officer and others nearby, and it must therefore be confined in scope to an intrusion reasonably designed to discover guns, knives, clubs, or other hidden instruments for the assault of the police officer. The scope of the search in this case presents no serious problem in light of these standards. Police Officer M patted down the outer clothing of the Defendant and his two companions. Officer M did not place his hands in their pockets or under the outer surface of their garments until he had felt weapons, and then he merely reached for and removed the guns. Officer M never did invade K's person beyond the outer surfaces of his clothes, since he discovered nothing in his pat down which might have been a weapon. Officer M confined his search strictly to what was minimally necessary to learn whether the men were armed and to disarm them once he discovered the weapons. He did not conduct a general exploratory search for whatever evidence of criminal activity he might find.(30%)

二、Part two
Please use concise legal English to RESTATE the following paragraphs:
1.本法之強制規定,不得以契約變更之。但有利於被保險人者,不在此限。保險契約之解釋,應探求契約當事人之真意,不得拘泥於所用之文字;如有疑義時,以作有利於被保險人之解釋為原則。─以上規定見保險法第 54 條第 1 項及第 2 項─(20%)

2.律師為維護其委託人合法最佳利益,應忠誠且盡力去爭取勝訴;因此,律師各為其主的訴訟上主張即會理所當然地針鋒相對。對於訴訟雙方當事人聘任之律師而言,長於法理論述及法律解析即屬首要。而對於欲作成公正判裁的法官而言,其理亦然。(20%)


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