复试阶段丨人大法学考研复试英语攻略：内含三十篇精选素材（中）

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1、税收的利弊

Taxes are vital in any government. Both democratic and military governments require taxes from the public so that the government can run smoothly and efficiently.

Advantages of paying taxes:

（1）Funding to the government:

The most obvious advantage of taxing is that the government can receive funds from the public so that the government can run the country. It gives the government a free hand to carry out basic operations for the country. The constitution of unites states also provides taxation reasons. One reason is building an army for the security of the country. Moreover, there are other operation facilities that the government has to fulfill by using the funds received through taxes. The administration that runs the country would not even exist if there were no taxes. As the government pays its administration to control the country and pass legislatures.

（2）Equal wealth distribution:

Taxes also provide the people with an advantage. That the funds collected by the government are spending on the people equally. The government can distribute the wealth equally and provide the poor with necessities of life such as food, clothes, and home shelters. The taxpayers with the most money are restricted by the government to pay for different economical programs launched for the poor. As these wealthy taxpayers help the government in funding the poor people. These programs allow the middle class and the poor class to become stable.

（3）Tax consumption:

Most of the time government does not require extra funds, but it still applies heavy taxes on certain products. They do this because those products are harmful to the health of the people. By imposing heavy taxes on those substances , such as cigarettes and alcohol, The government tries to discourage people from buying such stuff that is unhealthy for them.

Disadvantages of taxes：

There are multiple advantages of imposing taxes on the public, there are also some disadvantages. One disadvantage is the irregularity between consumers spending. Taxation is harmful to the business sector as it can potentially decrease consumer spending. It is because taxes can snatch money from consumers, and it can lead to lower disposable income. It happens if the government makes wrong decisions and imposes incorrect business laws. Sometimes ，people also say that the government treats a specific group unfairly and benefits other groups. The government may impose taxes that might benefit the rich and can be unfair for the poor.

2、人口老龄化

The ageing of the world's populations is the result of the continued decline in fertility rates and increased life expectancy. In other words, people are having fewer children, and are having them at later ages. They are also living longer. This demographic change has resulted in increasing numbers and proportions of people who are over 60. As a result, the first time in history when there will be more older people than younger people is rapidly approaching.

Ageing has important consequences for the state, healthcare, education and, more generally, for the economic growth of a nation. As people grow older, they suffer from newer and more severe health issues. In particular, there will be more chronic diseases. Thus, an ageing population places a crucial burden on a nation's healthcare system.

• Economies will need to allocate more resources to medical care, as older populations require more and better healthcare facilities. This will mean reviewing government policy and financial frameworks.

• The healthcare system will also need to be supplied with skilled and qualified workers who can provide efficient, high-quality care.

• Hospitals and other institutions will have to adopt new technology and better infrastructure.

3、文化遗产返还

For countries whose cultural heritage was ransacked over the years like China, their efforts in retrieving the lost cultural heritage are on the way. Many difficulties, such as international conventions and adverse articles in many countries' domestic laws, may hinder the return of this lost cultural heritage, and countries of origin need to find more ways to get their own property back.

In recent years, China has successfully retrieved more and more of its lost cultural relics by using diverse methods. "The most important reason why many cultural relics came back home in recent years is the enhancement of China's strength," said Huo Zhengxin, professor of law and vice dean of the Faculty of International Law at the China University of Political Science and Law.

There are several common ways to pursue lost cultural relics: donations, bilateral enforcement cooperation, lodging a transnational lawsuit, diplomatic negotiation, and commercial repurchase. Although it was once the main method of returning relics, repurchases have become less popular due to some organizations auctioning the items off in a traditional manner, thus creating bidding wars. "To pursue cultural relics stolen and smuggled in the modern day, we prefer to use legal actions, and to pursue cultural relics lost in early days, we can use more flexible ways, such as negotiation," said Huo.

For example, bronze animal heads, originally part of a fountain at the Old Summer Palace, were looted by the Anglo-French Allied Forces in 1860. The prices of the heads had risen by over 10,000 times since the first auction in 1987."When they looted cultural treasures from China at the time, it was a harm to Chinese people. Today, Chinese bought them back at high prices. I think it is another kind of harm," said Huo.

4、法律职业伦理

Legal ethics is a term used to describe a code of conduct governing proper professional behavior, which establishes the nature of obligations owed to individuals and to society. In order to maintain a license to practice law, attorneys agree to upload the rules of professional conduct.

Principles of legal ethics, whether written or unwritten, not only regulate the conduct of legal practice but also reflects the basic assumptions, premises and methods of the legal system within which the lawyer operates.

Ethics in any profession are crucial and it is perhaps more pressing in the legal profession where lawyers especially were viewed with suspicion. Thus an enforced code of conduct is vital in ensuring the credibility of the practitioners and legal system as a whole. Often lawyers and other legal practitioners are faced with conflicting interests from the clients they represent, society at large and personal interests. Legal ethics are therefore important in helping the lawyer to navigate the delicate balance of these interests and work to promote the greatest good. Ethics also serve to safeguard the interests of the client being represented and ensure they receive service without discrimination.

5、办公室安装监控是否合法

Cameras in the workplace can help protect the company from theft and other security issues. However, people may be wondering if these office security cameras are an invasion of privacy of employees or spark any legality issues.

Unlike installing surveillance cameras in public places, generally, there’s NO explicit prohibition against surveillance cameras in the workplace in US Federal Laws. Laws on cameras in the workplace differ by states in the US. Many states have made CCTV regulations in the workplace, to protect employees’ rights.

However，there is a fine line that between filming that can protect business and filming that can infringe on the privacy rights of employees. Examples of lawful reasons to use cameras in the workplace include the following:

1) Monitor What Employees are Doing While They are on the Clock

2) Prevent Internal Theft with Office Security Camera System

3)Protect Your Office from External Theft/Burglary with Office Cameras

In most states, use of video surveillance cameras in the workplace is deemed unlawful in certain areas, which include any areas where reasonable privacy may be infringed upon. These areas typically include restrooms, locker rooms, break rooms and employee lounges, or any other area where an employee’s reasonable privacy may be compromised.

6、物种灭绝

Extinction is the complete loss of a species from our planet. Species loss occurs naturally over millions of years, and is a normal part of evolution. But many experts believe we are currently experiencing a sixth mass species extinction. Billions of regional and local wild populations have already been lost, and entire species are becoming extinct at a significantly faster rate than has happened at any time during the last million years. What is the cause of this global biological annihilation？ People.

Our food choices are absolutely central to the fate of wildlife. As humans destroy habitats around the world, break down the climate, and hunt and kill wild animals, including in the oceans, wild populations plummet. Our treatment and exploitation of farmed animals for their flesh, skin, milk, eggs, and other by-products drives environmental destruction, and, alongside other agricultural factors, is a huge driver of this loss of wildlife. We must make drastic changes to slow this down.

The wild world has intrinsic value, and we should respect it on that basis alone, as our ancestors undoubtedly did. But there is another reason to change our ways: Humans rely on biodiversity of wildlife and plant life to survive, and the more we drive them to extinction, the closer we push ourselves to the same fate.

7、3D打印犯罪

3D printing has the potential to transform the world by simplifying manufacturing, shortening supply and distribution chains, democratizing production, creating and repatriating jobs, and customizing products to users’ specific needs. But 3D printing can also be the proverbial devil’s playground. Like many technologies, 3D printing has a dark side, and criminals are using 3D printers to create new forms of crime.

Some illegal 3D-printed products（such as Firearms drugs and cash）will be bought, sold, or traded in physical or virtual black markets. Organized crime will find creative ways to profit from 3D printing, such as trafficking in 3D-printed drugs and human organs. Terrorists will adopt the technology to further their misguided missions. It is impossible to predict how deeply such users will delve into the dark side of 3D printing.

As with many technologies, 3D printing can be misused, but not because the technology is inherently flawed. People are flawed. Although the size of the problem could be huge, this is only because the technology is so revolutionary and disruptive. Governments, law enforcement, homeland security, and the military need to assess the risks from the dark side of 3D printing and plan accordingly.

8、律所加班

It’s widely known that lawyer working hours are long and grueling. For attorneys, a full-time role rarely means nine-to-five: According to the U.S. Bureau of Labor Statistics, the majority of lawyers work full time, with many putting in more than 40 hours each week—especially private practice and large-firm lawyers.

If we look at the complexities of the typical career path of lawyers, it’s evident why lawyers work so much. There’s so much to do—from meeting billable hour requirements, managing clients, going to court, and staying on top of case prep. With the workload comes a lot of pressure to tough it out with long working hours to get everything done.

But there is a huge problem with simply accepting that the working hours of a lawyer are, by necessity, exceptionally long and demanding. Normalizing overwork in the legal profession fuels an industry that suffers from burnout, excessive stress, substance abuse and mental health issues, and an overall lack of well-being.

9、中美关系

Over the past half a century, the China-U.S. relationship has kept moving forward despite twists and turns. It has not only had a profound impact on the two countries, but has also changed the course of history and the world significantly. The world today is going through major changes unseen in a century. As two big countries different in history, culture, social system and development stage, China and the United States are entering a new round of mutual exploration, understanding and adaptation, trying to find a way to get along with each other in the new era. The China-U.S. relationship has once again come to a new critical juncture, facing not only many difficulties and challenges but also great opportunities and potentials. Where this important relationship will be headed is vital for the well-being of the Chinese and American peoples and for the future of the world. The two peoples and the international community hope for a sound, stable and growing relationship between the two countries

10、妇女权益保护法修订

On October 30, 2022, the Standing Committee of the 13th National People’s Congress, China’s top legislative body, passed the revised Law on the Protection of Women’s Rights and Interests (hereinafter referred to as the “Women’s Protection Law”). The amended Women’s Protection Law, which will take effect on January 1, 2023, added nearly 30 new provisions to enhance women’s protection in areas ranging from gender equality in recruitment and contract negotiation, employer’s obligation in sexual harassment prevention, as well as relief measures to women should their rights and interests being harmed.

The exposure draft for the Women’s Protection Law amendment garnered more than 700,000 comments during the seeking opinion stage, making it the legislative document that was commented the most in recent years. The law was amended in 2005 and 2018, respectively, after being first enacted in 1992.

What are the key changes in China’s new Women’s Protection Law?

1）Eliminate gender discrimination in the hiring process

2）Protect female employees’ birth rights

3）Prevent sexual harassment

4）Protect the privacy and personal information of women

As the country struggles to deal with a demographic problem, a string of gender-related scandals have also sparked public outcry over gender inequality. Consequently, in 2021, the government unveiled a new 10-year plan, the Outline of Women’s Development in China (2021-2030)，with a strong emphasis on employment rights. The document proposed 75 main goals and 93 supportive measures, covering key areas including health, education, and the economy.

The Outline suggests that by 2030, the basic national policy of equality between men and women will be thoroughly implemented, and the institutional mechanisms to promote equality between men and women and the all-round development of women will be innovated and improved, as part of the government’s major efforts to eliminate discrimination and improve the status of women in China.

11、网络信息安全

The human beings are stepping into the information society. The information industry develops very rapidly, so do the hackers, trick-playing teens, exploring children, fraudsters, and serious white-collar criminals. Thus, information security becomes an impending important issue.

In case of information breach, the victims－government department, an organization or an institution, or a company will inevitably suffer great or small loss. Government may be threatened with national security. Companies may lose opportunities to develop new projects. And the public’s and users’ confidence will be damaged.

Then how to deal with this issue? Technology is only a partial solution to information security. What’s more important is that organizations and companies should promote the awareness on information security to its staff. However, since no system can ever be 100 percent secure, a prevention-only approach to information security management is not enough. Companies and organizations should adopt a dual approach to information security management by combing prevention and detection techniques

12、低碳经济

The State Council has released a guideline to accelerate the development of a green and low-carbon circular economic development system.

The guideline urges efforts to firmly implement the new development philosophy, boost efficiency in the use of resources, strengthen protection of the ecological environment and effectively control greenhouse gas emissions.

By 2025, China will see a marked rise in the scale of green industries, a continued drop in major pollutants and a slashed carbon emission intensity, according to the guideline.

By 2035, energy and resource utilization efficiency in key industries and key products is expected to reach an internationally advanced level, and the goal to build a beautiful China will be basically reached.

China has announced it will strive to peak carbon dioxide emissions by 2030 and achieve carbon neutrality by 2060.

13、司法独立

Judicial independence, the ability of courts and judges to perform their duties free of influence or control by other actors, whether governmental or private. The term is also used in a normative sense to refer to the kind of independence that courts and judges ought to possess.

Any comprehensive and coherent definition of judicial independence must address several questions. The first is, “Independence for whom?”; the second is, “Independence from whom?”; and the third is, “Independence from what?” To supply satisfying answers to those questions, however, it is necessary to consider why judicial independence is valuable and what it is supposed to accomplish. In other words, it is necessary to address the question, “Independence for what purpose?”

1) Independence for whom?

Judicial independence can be defined as a characteristic of individual judges or as a characteristic of the judiciary as a whole. Neither conception is indisputably preferable to the other as a practical matter. On the one hand, if judicial independence is guaranteed at the institutional level but not at the individual level, individual judges can be forced to obey the wishes of the leadership of the judiciary, which may result in a less-than-wholehearted enforcement of the rule of law. In Chile and Japan, for example, the extent to which the judiciary as an institution commands obedience and conformity from its members has been blamed for producing timid judges who are unwilling or unable to rule against the government. On the other hand, if judicial independence is ensured at the individual level, individual judges will find themselves at liberty to pursue their individual preferences. Unchecked discretion of that kind not only invites abuse but also raises the likelihood that judges will decide cases in inconsistent ways, with the potential effect of undermining the predictability and stability of the law.

2) Independence from whom?

The existence and adequacy of judicial independence become matters of practical concern only when a court decides a dispute involving the interests of some actor or institution with potential or actual power over the court. Generally speaking, the more powerful the actor whose interests are at stake, the greater the need to protect the independence of the court from that actor. If both sides to the dispute are powerful, however, that symmetry of power may provide part or all of the necessary protection.

3) Independence from what?

Not all forms of influence over judicial decision making constitute threats to judicial independence. Whereas some activities aimed at influencing courts, such as bribery and intimidation, may be inappropriate under any plausible conception of judicial independence, others can be evaluated only on the basis of contestable normative judgments. In the case of public protests in front of courthouses, for example, one view might be that such protests should be privileged as a form of political expression and that judges in a democracy are permitted or even obligated to take public opinion into account. Alternatively, one might take the view that judges should be shielded from such expressions of public opinion, much as jurors are sequestered, to ensure that their deliberations are not tainted by considerations that ought to be irrelevant. Likewise, a public campaign to deny a judge reelection because he has ruled in unpopular ways on controversial issues can be characterized as either a healthy manifestation of democracy or as a threat to judicial independence.

14、死刑

In the recent centuries, the death penalty has become rare because its use as a method of punishment has been banned by many governments. Countries that still carry out punishment by death penalty constitutes about only a third of the countries in the world. Such countries include Iran, Iraq, China, Saudi Arabia, United States, Afghanistan, Yemen, and Sudan among others.

Other countries, among them Australia, Canada, Mexico, and all members of the Council of Europe have abolished the use of the death penalty. A total of 75 countries in the world have completely abolished the use of death penalty regardless of whether the offense committed is a capital offense or not.

In most countries that practice the death penalty, the penalty is reserved only for the capital or serious crimes. Such crimes include murder, terrorism rape, kidnapping and human trafficking, illegal drug trafficking and corruption and bribery. Besides, in some states, some sexual offenses such as prostitution homosexuality and adultery are punishable by the death penalty. However, some countries also impose the death penalty on smaller crimes such as general theft and drugs.

It is also important to understand that execution of the death penalty is governed by some laws and regulation. For instance, particular groups of people are excluded from being sentenced to death. According to the International Covenant on Civil and Political Rights, juvenile offenders are excluded from receiving the death penalty. Besides, mentally handicapped criminals are also excluded from receiving the death penalty. The severity of the capital offence committed by the juvenile and the mentally handicapped is seen as less severe based on the mental capability and therefore imposing a death penalty on them is regarded disproportionately severe.

15、福利国家

The term "welfare state" refers to a type of governing in which the national government plays a key role in the protection and promotion of the economic and social well-being of its citizens. A welfare state is based on the principles of equality of opportunity, equitable distribution of wealth, and public responsibility for those unable to avail themselves of the minimal provisions of a good life. Social Security, federally mandated unemployment insurance programs, and welfare payments to people unable to work are all examples of the welfare state.

Most modern countries practice some elements of what is considered the welfare state. That said, the term is frequently used in a derogatory sense to describe a state of affairs where the government in question creates incentives that are beyond reason, resulting in an unemployed person on welfare payments earning more than a struggling worker. The welfare state is sometimes criticized as being a "nanny state" in which adults are coddled and treated like children.

15、福利国家

The term "welfare state" refers to a type of governing in which the national government plays a key role in the protection and promotion of the economic and social well-being of its citizens. A welfare state is based on the principles of equality of opportunity, equitable distribution of wealth, and public responsibility for those unable to avail themselves of the minimal provisions of a good life. Social Security, federally mandated unemployment insurance programs, and welfare payments to people unable to work are all examples of the welfare state.

Most modern countries practice some elements of what is considered the welfare state. That said, the term is frequently used in a derogatory sense to describe a state of affairs where the government in question creates incentives that are beyond reason, resulting in an unemployed person on welfare payments earning more than a struggling worker. The welfare state is sometimes criticized as being a "nanny state" in which adults are coddled and treated like children.

16、对民主的认识

Democracy means “rule by the people,” democracy is a system of government that not only allows but requires the participation of the people in the political process to function properly. U.S. President Abraham Lincoln, in his famed 1863 Gettysburg Address may have best-defined democracy as a “…government of the people, by the people, for the people…”

Semantically, the term democracy comes from the Greek words for “people” (dēmos) and “rule” (karatos). However, achieving and preserving a government by the people—a “popular” government—is far more complicated than the concept’s semantic simplicity might imply. In creating the legal framework under which the democracy will function, typically a constitution, several crucial political and practical questions must be answered.

Is “rule by the people” even appropriate for the given state? Do the inherent freedoms of a democracy justify dealing with its complex bureaucracy and electoral processes, or would the streamlined predictability of a monarchy, for example, be preferable?

Assuming a preference for democracy, which residents of the country, state, or town should enjoy the political status of full citizenship? Simply stated, who are the “people” in the “government by the people” equation? In the United States, for example, the constitutionally established doctrine of birthright citizenship provides that any person born on U.S. soil automatically becomes a U.S. citizen. Other democracies are more restrictive in bestowing full citizenship.

Which people within the democracy should be empowered to participate in it? Assuming that only adults are allowed to fully participate in the political process, should all adults be included? For example, until the enactment of the 19th Amendment in 1920, women in the United States were not allowed to vote in national elections. A democracy that excludes too many of the governed from taking part in what is supposed to be their government runs the risk of becoming an aristocracy—government by a small, privileged ruling class—or an oligarchy—government by an elite, typically wealthy, few.

If, as one of the foundational principles of democracy holds, the majority rules, what will a “proper” majority be? A majority of all citizens or a majority of citizens who vote only? When issues, as they inevitably will, divide the people, should the wishes of the majority always prevail, or should, as in the case of the American Civil Rights Movement, minorities be empowered to overcome majority rule? Most importantly, what legal or legislative mechanisms should be created to prevent the democracy from becoming a victim of what one of America’s Founding Fathers, James Madison, called “the tyranny of the majority?”

Finally, how likely is it that a majority of the people will continue to believe that democracy is the best form of government for them? For a democracy to survive it must retain the substantial support of both the people and the leaders they choose. History has shown that democracy is a particularly fragile institution. In fact, of the 120 new democracies that have emerged around the world since 1960, nearly half have resulted in failed states or have been replaced by other, typically more authoritarian forms of government. It is therefore essential that democracies be designed to respond quickly and appropriately to the internal and external factors that will inevitably threaten them.

17、法律与社会的关系

Theorists have traditionally maintained that there are certain broad on the substantive criminal law. One set of such constraints concerns the sorts of behavior that may legitimately be prohibited. Is it proper, for example, to criminalize a certain kind of action on the grounds that most people in one’s society regard it as immoral? The other set of constraints which concern what is needed in order to establish criminal responsibility that is liability, independently of the content of the particular statute whose violation is in question.

Legal system reflects all the energy of life within in any society. Law has the complex vitality of a living organism. We can say that law is a social science characterized by movement and adaptation. Rules are neither created nor applied in a vacuum, on the other hand they created and used time and again for a purpose. Rules are intended to move us in a certain direction that we assume is good, or prohibit movement in direction that we believe is bad.

The social rules are made by the members of the society. Disobedience of the social rules is followed by punishment of social disapproval. There is no positive penalty associated with the violation of rules except excommunication or ostracism. On the other hand, Law is enforced by the state. The objective of law is to bring order in the society so the members of society can progress and develop with some sort of security regarding the future.

The state makes laws. Disobedience of state laws cause penalty, which is enforced by the Government by the power of the state. Which is not enforceable is not Law.

18、大陆法系与英美法系的比较

The Differences between Continental Law System and Anglo-American Law System ?

The term Anglo-American Law System refers to the system of law developed in England and transferred to most of the English-speaking world. It is distinguished from the Continental Law System used in Continental Europe, and in those nations settled by European peoples. Both the two systems are the basis of law in most of the western world. The continental law system can be traced back to Roman law, which extended to the limits of the Empire. It received its modern impetus from the early nineteenth-century French codes of law created by French jurists.

The differences between the two can be put as follows:

First, the basic distinction between the two systems lies in the sources of law upon which they rely. The Anglo-American Law System uses prior decided cases as very high sources of authority.

Courts should adhere to the law as set forth in prior cases decided by the highest court. The judge should determine whether the principle derived from the prior cases is logically essential to their decision or is reasonable、appropriate to contemporary circumstances. The Continental Law System on the other hand, is originated from codes of laws. When a conflict is presented to a court or lawyer, the immediate problem is to find the appropriate code provision concerning the situation and then to apply it to the problem at hand. Cases are not ignored, but they do not have anything binding authority on judges.

Second, it is the jurist who played an important role when the Continental Law System became what it is now, but, in the Anglo-American Law System, the judges contributed a lot.

Third, the Continental Law System pays more attention to substantial law，while the Anglo-American Law System stress on procedural law. The latter underlines trials、procedure、proof and execution.

Fourth, the differences in composition of the two are apparent. In the Continental Law System, public law and private law are the basic classification, and the civil law are the basic classification, and the civil law plays an important role in it. While the basic parts of the Anglo-American Law System are common law and equity law, and public law is the key part of it.

Finally, the concepts and vocabulary of them are not the same either. For example, “Civil law” of the Continental Law System and “Property law” in the Anglo-American Law System. Though these differences mentioned above, a trend of collaboration can be seen nowadays. For example, our judicial system belongs to the Continental Law System, but we learned the institution of Independent Director from the Anglo-American Law System.

19、法制改革

The reform in legal system is one of the important forms of law development. It means reforming from the content to the form of law, from the enactment to the enforcement of law, to meet the needs of changing society. Here, I just 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, its tasks are to create some branches of law, draw up new laws, and abandon or modify some old laws. For example, during the process of reformation, China has created the economic law, the business law , the environmental law, and so on. In more than 2000 laws and regulations issued from 1949 to 1979 , half of them were abandoned, one 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 concerned with the operation of law in legislation. Second, the reform in the system of judicature is put on the agenda. Third, the improvement of the supervisory system of law is paid more attention. In short, in this stage, the core of 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 citizen is also its mission. As we see, the reform in legal system is always accompanied by other social reforms. It’s one of the characteristics of the reform in legal system. Besides the inner conflict between laws, the reform in economic system and political 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 long process, and we look forward to the coming of a society ruled by law.

20、法治

The rule of law is a set of principles, or ideals, for ensuring an orderly and just society. Many countries throughout the world strive to uphold the rule of law where no one is above the law, everyone is treated equally under the law, everyone is held accountable to the same laws, there are clear and fair processes for enforcing laws, there is an independent judiciary, and human rights are guaranteed for all.