2022-2023年考博英语-华东政法大学模拟考试题（含答案解析）第22期

1、2022-2023年考博英语-华东政法大学模拟考试题（含答案解析）1. 单选题_, Mr. Wells is scarcely in sympathy with the working class.问题1选项A.Although he is a socialistB.Even if he is a socialistC.Being a socialistD.Since he is a socialist【答案】A【解析】考查逻辑关系。A选项Although he is a socialist“虽然他是一个社会主义者”；B选项Even if he is a socialist“即使他是一个社会主义者”；C选项Being a socialist“作为一个社会主义”；D选项Since he is a socialist“因为他是一个社会主义者”。句意：_，威尔斯先生几乎不同情工人阶级。本句表达“虽然他是一个社会主义者，但是他不同情工人阶级”，因此A选项正确。2. 单选题II. Legal HistoryThere is a largely forgotten story to be told

2、 of U.S. legal imperialism in China, despite Chinas location far outside of Americas territorial borders. The storys protagonist is a rather arcane sounding legal doctrine, extraterritorial jurisdiction. Exclusive territorial jurisdiction is one of the defining features of the sovereignty of the modern nation-state. With limited exceptions, it is where a person is that determines what law applies to him or her. However, when a state asserts extraterritorial jurisdiction, it claims the right to a

3、pply its laws beyond the borders of its territory.To anticipate the story, the extraordinary treaty that laid the foundation for American extraterritoriality was negotiated by Caleb Cushing, the first American minister to China as well as a Massachusetts congressman, a lawyer, and a future attorney general of the United States. Cushing was charged by President John Tyler with the pre-textual mission of going to Peking to inquire after the emperors health and to carry out the presidents wishes fo

4、r his longevity. Backed by his own little armada as well as the presence of the U.S. naval forces in the Pacific, Cushing persuaded the Qing Empire to enter into a Treaty of Peace, Amity, and Commerce with the United States. The treaty was signed on July 3, 1844, in the village of Wanghia in Macao. Under its terms, China was obligated to allow Americans to trade freely in Canton as well as in four other previously closed ports. Moreover, Americans obtained the right of extraterritorial jurisdict

5、ion in China. From 1844 until 1943, U.S. citizens in China were formally subject only to the laws of the United States. Stated differently, when Americans entered China, American law traveled with them, effectively attaching to their very bodies.How did the relatively recently emancipated worlds leading anti-colonial power reconcile its extraterritorial jurisdiction in China with Chief Justice Marshalls ringing statement in 1812, “The jurisdiction of a nation within its territory is necessarily

6、exclusive and absolutebeing alike the attribute of every sovereign and incapable of conferring extraterritorial power”? It turns out that the forgotten century of American extraterritorial jurisdiction in China is a story not only about China and the United States but also of international law. This essay is thus also a story about laws operation transnationally, and a case study of how law dynamically both constitutes and deconstitutes sovereigns at both national and international levels.1. Whi

7、ch one of the following is extraterritorial jurisdiction according to the author?2.Which description about Caleb Cushing is NOT true according to the second paragraph?3.What is NOT included in the 1844 Sino-America bilateral treaty?4.The contradiction between the American extraterritoriality and Justice Marshalls statement in 1812 can be reconciled when _.问题1选项A.Country A imposes fine to its own citizen who violates traffic rules in Country AB.Country A imposes fine to a citizen of Country B who

8、 violates traffic rules in Country AC.Country A charges crime responsibility to a citizen of Country A who commits a crime in Country BD.Country B charges crime responsibility to a citizen of Country A who commits a crime in Country B问题2选项A.He was a Massachusetts congressman.B.He was the first American envoy to China.C.He was a lawyer.D.He was the attorney general of the United States before visited China.问题3选项A.When Americans entered China, they all carried US laws.B.Americans were allowed to t

9、rade freely in Canton.C.Americans were allowed to trade freely in four other previously closed ports.D.US citizens in China were not subject to Chinese laws.问题4选项A.the century of American extraterritorial jurisdiction is forgottenB.one looks at the issue from international levelC.every sovereign is incapable of conferring extraterritorial powerD.law dynamically constitutes and deconstitutes sovereigns【答案】第1题:C第2题:D第3题:A第4题:B【解析】1.推理判断题。根据题干定位到第二段末尾Moreover, Americans obtained the right of extraterritorial jurisdiction in China. From 1844 until 1943, U.S. citizens in China were formally subject only to the laws of the United States. Stated differently, when Americans entered China, American law traveled with them, effectively attaching to their very bodies.（此外，美国人在中国获得了治外法权。从1844年到1943年，在中国的美国公民在形式上只

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