2016年扬州大学804西方法律思想史考研真题考研试题

2016年法律硕士考研（法学）真题及解析三、简答题：第31 - 34小题，每小题10分，共40分。

31.简述刑法中危害结果的分类。

32.简述污染环境罪的构成要件。

33.简述共同侵权行为的概念和构成要件。

34.简述离婚与撤销婚姻的区别四、论述题：第35- 36小题，每小题15分，共30分。

要求观点明确，说理充足。

35.论述刑法中紧急避险的成立要件。

36.论述民法性质。

五、案例分析题：第37 -38小题，每小题20分，共40分。

37. 甲乙丙共同出资设立了一家有限责任公司，分别任董事长、总经理和财务总监。

事实一：2010年前，该公司因资金紧张而面临经营危机，为此甲乙丙专门就如何融资继续经营进行商议，依据商议，公司以丙伪造的虚假产权证明作为担保与一家银行签订借款合同，取得500万元的贷款。

2010年春节后，公司将其中400万元融资投入经营，但经营状况仍然没有好转。

事实二：2011年5月，丙见公司经营状况难以好转，将剩余100万资金提现后潜逃。

该公司因缺乏经营资金而倒闭，银行因此无法追回500万元贷款的本息。

问题：（1）事实一所述行为构成何罪？（2）事实二中的携款潜逃行为构成何罪？38、2012年春节过后，甲外出打工，将一祖传瓷瓶交由邻居乙保管，乙因结婚缺钱，谎称瓷瓶为自己所有，将其按照市价卖给了丙，得款1万元。

2012年7月，乙见甲的房屋有倒塌危险，可能危急自己的房屋，遂以自己的名义请施工队加固甲的房屋。

施工结束后，经结算需支付工程款2万元。

2012年底甲回村因瓷瓶处分和工程款支付问题与乙发生纠纷。

问题：（1）丙能否取得瓷瓶所有权？（2）乙出售瓷瓶是否属于侵权行为？为什么？（3）施工队应向谁请求支付工程款？为什么？（4）乙聘请施工队为甲加固房屋的行为是否构成无因管理？为什么？凯程教育：凯程考研成立于2005年，国内首家全日制集训机构考研，一直从事高端全日制辅导，由李海洋教授、张鑫教授、卢营教授、王洋教授、杨武金教授、张释然教授、索玉柱教授、方浩教授等一批高级考研教研队伍组成，为学员全程高质量授课、答疑、测试、督导、报考指导、方法指导、联系导师、复试等全方位的考研服务。

[考研类试卷]2016年扬州大学翻译硕士英语真题试卷.doc[考研类试卷]2016年扬州大学翻译硕士英语真题试卷一、Vocabulary1 Our dreams will sometimes be______and our ethereal hopes blasted.（A）smashed（B）shattered（C）crushed（D）squashed2 The attack is being seen as a deliberate attempt to______the peace talks.（A）raze（B）sabotage（C）demolish（D）disintegrate3 —When were your legs injured?—It was on a Sunday last month______my father and I spent our holiday at the seaside. （A）that（B）as（C）while（D）when4 Now the summer is here with more visitors, so the business is______.（B）coming up（C）making up（D）turning up5 On AIDS Day, the minister of Health Department demanded that theproblems______paid special attention to.（A）refer to be（B）refer to being（C）referred to be（D）referred to being6 It rarely changes and it is rarely sufficient to______the constant hunger pains experienced by the children.（A）alleviate（B）remove（C）remedy（D）decompose7 There was an______of good-friendship in the word which fairly warmed the cockles of her heart.（A）exuberance（B）excrement（D）exasperation8 When asked why they use pirated CDs and computer softwares, many people said that the______versions cost too much.（A）artificial（B）authentic（C）available（D）auspicious9 Flowers and fruit have been rendered______by brilliant colours in contrast with the green foliage.（A）perspicacious（B）conspicuous（C）boisterous（D）precarious10 Considering it's the first time I______the painting, it's not bad; however, it is high time I______ something about home-decorating.（A）did; do（B）did; did（C）did; have done（D）have done; did11 Because outlaws were denied protection under medieval law, anyone could raise a hand against them with legal______.（A）authority（B）validity（C）consent（D）impunity12 She surprised us all when she resigned so suddenly, ______she had worked here for more than twenty years.（A）concerning（B）considering（C）regarding（D）supposing13 He is considered to be an outstanding artist, but I consider his work to be quite______.（A）mean（B）common（C）mediocre（D）intermediate14 Almost as a (n) ______to the revival of Greek knowledge and values came the revival of interest in mathematics.（A）consequence（C）corollary（D）end15 Without facts, we cannot form a correct opinion, for we need to have actual knowledge ______our thinking.（A）which to be based on（B）which to base on（C）on which to base（D）which to base16 The lawyers insist — if we make the withdrawal on our own, it could be an admission of error and therefore of______.（A）liability（B）viability（C）plausibility（D）feasibility17 He must exert himself to______so proud a display of resentment; he must get the better of her.（A）submit（B）subdue（C）oppress18 They had all argued so much round their fears and hopes during______that what they wanted was an end of uncertainties.（A）these all few last days（B）all few these last days（C）all these last few days（D）all these few last days19 The ink had faded with time, and so parts of the letter were______.（A）illegible（B）illiterate（C）indelible（D）ineligible20 Besides washing the cut, put some______on it in case you have got some dirt in it.（A）deodorant（C）antiseptic（D）enigma21 ______over everything whenever we want to make a decision, many people believe, and we will have less chance of making mistakes.（A）Think（B）T o think（C）Thinking（D）Thought22 They have produced______.（A）10 as many pianos this month as last month（B）10 pianos this month as many as last month（C）10 pianos more this month than last month（D）10 more pianos this month than last month23 Though environmentalists spoke of an impending disaster, most of the local residents remained______.（A）doubted（B）skeptical（C）dubious（D）suspicious24 An official survey shows that electrical bicycles are now the most potential______to traffic accidents.（A）cause（B）tendency（C）origin（D）invitation25 ______what may, we're not going to make any concessions to his unreasonable demands.（A）Come（C）Coming（D）Having come26 When the Victorians had family reunions, the hosts______their way to entertain the guests.（A）went in for（B）went over（C）went back on（D）went out of27 His prose, while less______than some critics have maintained has no new note in it.（A）ancient（B）antique（C）archaic（D）aboriginal28 We should______with the difficulties we were confronted with.（A）accord（B）acquaint（C）brood（D）contend29 In the muted cloth market, the shop-keepers speak in slow, ______tones, and the buyers follow suit.（A）hoarse（B）measured（C）coarse（D）muttering30 Little is known of his childhood______at a factory at the early age of ten.（A）to begin to work（B）beginning to work（C）save that he began to work（D）provided that he worked二、Reading Comprehension30 There are few more sobering online activities than entering data into college-tuition calculators and gasping as the Web spits back a six-figure sum. But economists say families about to go into debt to fund four years of partying, as well as studying, can console themselves with the knowledge that college is an investment that, unlike many bank stocks, should yield huge dividends.A 2008 study by two Harvard economists notes that the " labor-market premium to skill" —or the a-mount college graduates earned that's greater than what high-school graduate earned — decreased for much of the 20th century, but has come back with avengeance since the 1980s. In 2005, the typical full-time year-round U. S. worker with a four-year college degree earned $ 50, 900, 62% more than the $ 31, 500 earned by a worker with only a high-school diploma.There's no question that going to college is a smart economic choice. But a look at the strange variations in tuition reveals that the choice about which college to attend doesn't come down merely to dollars and cents. Does going to Columbia University (tuition, room and board $49, 260 in 2007-08) yield a 40% greater return than attending the University of Colorado at Boulder as an out-of-state student ($ 35, 542)? Probably not. Does being an out-of-state student at the University of Colorado at Boulder yield twice the amount of income as being an in-state student ($ 17, 380) there? Not likely.No, in this consumerist age, most buyers aren't evaluating college as an investment, but rather as a consumer product —like a car or clothes or a house. And with such purchases, price is only one of many crucial factors to consider.As with automobiles, consumers in today's college marketplace have vast choices, and people search for the one that gives them the most comfort and satisfaction in line with their budgets. This accounts for the willingness of people to pay more for different types of experiences (such as attending a private liberal-arts college or going to an out-of-state public school that has a great marine-biology program). And just as two auto purchasers might spend an equal amount of money on very different cars, college students (or, more accurately, their parents) often show a willingness to pay essentially the same price for vastly different products. So which is it? Is college an investment product like a stock or a consumer product like a car? In keeping with the automotive world's hottest consumer trend, maybe it's best to characterize it as a hybrid; an expensive consumer product that, over time, will pay rich dividends.31 What's the opinion of economists about going to college?（A）Huge amounts of money are being wasted on campus socializing.（B）It doesn't pay to run into debt to receive a college education.（C）College education is rewarding in spite of the startling costs.（D）Going to college doesn't necessarily bring the expected returns.32 The two Harvard economists note in their study that, for much of the 20th century,______.（A）enrollment kept decreasing in virtually all American colleges and universities（B）the labor market preferred high-school to college graduates（C）competition for university admissions was far more fierce than today（D）the gap between the earnings of college and high-school graduates narrowed33 Students who attend an in-state college or university can______.（A）save more on tuition（B）receive a better education（C）take more liberal-arts courses（D）avoid traveling long distances34 In this consumerist age, most parents______.（A）regard college education as a wise investment（B）place a premium on the prestige of the college（C）think it crucial to send their children to college（D）consider college education a consumer product34 Imagine waking up and finding the value of your assets has been halved. No,you're not an investor in one of those hedge funds that failed completely. With the dollar slumping to a 26-year low against the pound, already-expensive London has become quite unaffordable. A coffee at Starbucks, just as unavoidable in England as it is in the United States, runs about $ 8.The once all-powerful dollar isn't doing a Titanic against just the pound. It is sitting at a record low against the euro and at a 30-year low against the Canadian dollar. Even the Argentine pesoand Brazilian real are thriving against the dollar.The weak dollar is a source of humiliation, for a nation's self-esteem rests in part on the strength of its currency. It's also a potential economic problem, since a declining dollar makes imported food more expensive and exerts upward pressure on interest rates.And yet there are substantial sectors of the vast U. S. economy — from giant companies like Coca-Cola to mom-and-pop restaurant operators in Miami — for which the weak dollar is most excellent news.Many Europeans may view the U. S. as an arrogant superpower that has become hostile to foreigners. But nothing makes people think more warmly of the U. S. than a weak dollar. Through April, the total number of visitors from abroad was up 6.8 percent from last year. Should the trend continue, the number of tourists this year will finally top the 2, 000 peak? Many Europeans now apparently view the U. S. the way many Americans view Mexico — as a cheap place to vacation, shop and party, all while ignoring the fact that the poorer locals can't afford to join the merrymaking.The money tourists spend helps decrease our chronic trade deficit. So do exports, which thanks in part to the weak dollar, soared 11 percent between May 2006 and May 2007. For the first five months of 2007, the trade deficit actually fell 7 percent from 2006. If you own shares in large American corporations, you're a winner in the weak-dollar gamble. Last week Coca-Cola's stick bubbled to a five-year high after it reported a fantastic quarter. Foreign sales accounted for 65 percent of Coke's beverage business. Other American companies profiting from this trend include McDonald's and IBM.American tourists, however, shouldn't expect any relief soon. The dollar lost strength the way many marriages break up —slowly, and then all at once. And currencies don't turn on a dime. So if you want to avoid the pain inflicted by the increasingly pathetic dollar, cancel that summer vacation to England and look to New England. There, the dollar is still treated with a little respect.35 Why do Americans feel humiliated?（A）Their economy is plunging.（B）They can't afford trips to Europe.（C）Their currency has slumped.（D）They have lost half of their assets.36 How does the current dollar affect the life of ordinary Americans?（A）They have to cancel their vacations in New England.（B）They find it unaffordable to dine in mom-and-pop restaurants.（C）They have to spend more money when buying imported goods.（D）They might lose their jobs due to potential economic problems.37 How do many Europeans feel about the U. S. with the devalued dollar?（A）They feel contemptuous of it.（B）They are sympathetic with it.（C）They regard it as a superpower on the decline.（D）They think of it as a good tourist destination.38 What is the author's advice to Americans?（A）They treat the dollar with a little respect.（B）They try to win in the weak-dollar gamble.（C）Their vacation should be at home rather than abroad.（D）They treasure their marriages all the more.38 What's hot for 2007 among the very rich? A $ 7.3 million diamond ring. A trip to Tanzania to hunt wild animals. Oh, and income inequality.Sure, some leftish billionaires like George Soros have been railing against income inequality for years. But increasingly, centrist and right-wing billionaires are starting to worry about income inequality and the fate of the middle class.In December, Mortimer Zuckerman wrote a column in U. S. News & World Report, which he owns. "Our nation's core bargain with the middle class is disintegrating," lamented (哀叹) the 117th-richest man in America. "Most of our economic gains have gone to people at the very top of the income ladder. Average income for a household of people of working age, by contrast, has fallen five years in a raw." He noted that, "Tens of millions of Americans live in fear that a major health problem can reduce them to bankruptcy."Wilbur Ross Jr. has echoed Zuckerman's anger over the bitter struggles faced by middle-class Americans. "It's an outrage that any American's life expectancy should beshortened simply because the company they worked for went bankrupt and ended health-care coverage," said the former chairman of the International Steel Group.What's happening? The very rich are just as trendy as you and I, and can be so when it comes to politics and policy. Given the recent change of control in Congress, the popularity of measures like increasing the minimum wage, and efforts by California's governor to offer universal health care, these guys don't need their own personal weathermen to know which waythe wind blows.It's possible that plutocrats are expressing solidarity with the struggling middle class as part of an effort to insulate themselves from confiscatory tax policies. But the prospect that income inequality will lead to higher taxes on the wealthy doesn't keep plutocrats up at night. They can live with that.No, what they fear was that the political challenges of sustaining support for global economic integration will be more difficult in the United States because of what has happened to the distribution of income and economic insecurity.In other words, if middle-class Americans continue to struggle financially as the ultrawealthy grow ever wealthier, it will be increasingly difficult to maintain political support for the free flow of goods, services, and capital across borders. And when the United States places obstacles in the way of foreign investors and foreign goods, it's likely to encourage reciprocal action abroad. For people who buy and sell companies, or who allocate capital to markets all around the world, that's the real nightmare.39 What is the current topic of common interest among the very rich in America? （A）The fate of the ultrawealthy people.（B）The disintegration of the middle class.（C）The inequality in the distribution of wealth.（D）The conflict between the left and the right wing.40 What do we learn from Mortimer Zuckerman's lamentation?（A）Many middle-income families have failed to make a bargain for better welfare. （B）The American economic system has caused companies to go bankrupt.（C）The majority of Americans benefit little from the nation's growing wealth.（D）The American nation is becoming more and more divided despite its wealth.41 From the fifth paragraph we can learn that______.（A）the very rich are fashion-conscious（B）the very rich are politically sensitive（C）universal health care is to be implemented throughout America（D）Congress has gained popularity by increasing the minimum wage42 What is the real reason for plutocrats to express solidarity with the middle class? （A）They want to gain support for global economic integration.（B）They know that the middle class contributes most to society.（C）They want to protect themselves from confiscatory taxation.（D）They feel increasingly threatened by economic insecurity.42 Like most people, I've long understood that I will be judged by my occupation, that my profession is a gauge people use to see how smart or talented I am. Recently, however, I was disappointed to see that it also decides how I'm treated as a person.Last year I left a professional position as a small-town reporter and took a job waiting tables. As someone paid to serve food to people, I had customers say and do things to me I suspect they'd never say or do to their most casual acquaintances. One night a man talking on his cell phone waved me away, and then beckoned me back with his finger a minute later, complaining he was ready to order and asking where I'd been.I had waited tables during summers in college and was treated like a peon by plenty of people. But at 19 years old, I believed I deserved inferior treatment from professional adults. Besides, people responded to me differently after I told them I was in college. Customers would joke that one day I'd be sitting at their table, waiting to be served.Once I graduated I took a job at a community newspaper. From my first day, I heard a respectful tone from most everyone who called me. I assumed this was the way the professional world worked — cordially.I soon found out differently. I sat several feet away from an advertising sales representative with a similar name. Our calls would often get mixed up and someone asking for Kristen would be transferred to Christie. The mistake was immediately evident. Perhaps it was because money was involved, but people used a tone with Kristen that they never used with me.My job title made people treat me with courtesy. So it was a shock to return to the restaurant industry.It's no secret that there's a lot to put up with when waiting tables, and fortunately, much of it can be easily forgotten when you pocket the tips. The service industry, by definition, exists to cater to others' needs. Still, it seemed that many of my customers didn't get the difference between server and servant.I'm now applying to graduate school, which means someday I'll return to a profession where people need to be nice to me in order to get what they want. I think I'll take themto dinner first, and see how they treat someone whose only job is to serve them.43 What does the author intend to say by the example in the second paragraph?44 How did the author feel when waiting tables at the age of 19?45 What does the author imply by saying "...many of my customers didn't get the difference between server and servant"?46 Why does the author say she'll one day take her clients to dinner?三、Writing47 Directions: A report revealing the reduced role of the English test in China's college entrance examination has drawn much public attention. In some provinces, the English test score has been reduced from 150 to 100, and by 2020, the English test will be removed from China's college entrance exam, according to the Ministry of Education. The students will instead be allowed to take two exams a year and pick the best result for their college admission. What do you think of this test reform and what's the possible effect it may produce on our English teaching and learning? Write a composition of about 400 words to clarify your own points of view about this topic You should use your own ideas, knowledge or experience to generate support for your argument Write your answer on the answer sheet (30 points) Note: In the first part of your writing you should state clearly the thesis statement (i. e., your main argument), and in the second part you should support your argument with appropriate details. In the last part you should bring what you have written to a naturalconclusion or a summary. Marks will be awarded for content, organization, grammar and appropriateness. Failure to follow the above instructions may result in a loss of marks.。

《西方法律思想史》题库及答案一、单选题1．柏拉图所说的国家正义就是：( )A.中道的美德B. 各人应得其所得C. 遵守法律D.不同等级的人，按照分工各司其职，达到社会和谐2．“一切有权力的人都容易滥用权力，这是万古不易的一条经验。

……从事物的性质来说，要防止滥用权力，就必须以权力约束权力。

”这句话的作者是：( )A. 汉密尔顿B.杰佛逊C.黑格尔D.孟德斯鸠3．历史法学派的代表观点是：( )A.法是一种历史现象，是阶级社会的产物B.法象语言、风俗、政制一样，是随着民族的成长而成长的C.法是由事物的性质产生出来的必然联系D.法是在所有的人中确立的，并得到全人类平等遵守的自然理性4．“不公平的法律便不是法律”反映了：( )A.自然法高于实在法的观点B. 实在法高于自然法的观点C.上帝法高于实在法的观点D. 永恒法高于实在法的观点5．假定在两人之间公平分配一块蛋糕，当以采取一人划分，另一人先取的程序最为合理。

按照罗尔斯的观点，这种正义属于：( )A.实体的正义B. 社会的正义C.程序的正义D. 公平的正义6．__ 区分法为“应该是这样的法”和“实际上是这样的法”。

（）A.康德B.黑格尔C.奥期丁D.梅因7．__ 不是功利主义法律观论者。

（）A.边沁B.密尔C.奥斯丁D.萨维尼8．霍布斯把“利维坦”比喻为（）A.器B.法律C.国家D.神物9．__ 是近代社会契约论的集大成者。

（）A.格劳秀斯B.霍布斯C.卢梭D.孟德斯鸠10．马里旦认为，18世纪思想家的自然法强调（）A.权利B.义务C.合作D.竞争11．《联邦人文集》作者有（）A.华盛顿B.杰弗逊C.潘恩D.汉密尔顿12．富勒的著作是（）A.《正义论》B.《法律的道德性》C.《人和国家》D.《法律的概念》13．《代议制政府》的作者是（）A.边沁B.奥斯丁C.约翰.密尔D.詹姆斯.密尔14．《神学政治论》的作者是（）A.奥古斯丁B.阿奎那C.马丁.路德D.斯宾诺莎15．《》一书，集中体现了圣.托马斯的法律思想。

2016年4月高等教育自学考试全国统一命题考试西方法律思想史试卷(课程代码00265)本试卷共4页，满分100分，考试时间150分钟。

考生答题注意事项：1．本卷所有试题必须在答题卡上作答。

答在试卷上无效，试卷空白处和背面均可作草稿纸。

2．第一部分为选择题。

必须对应试卷上的题号使用2B铅笔将“答题卡”的相应代码涂黑。

3．第二部分为非选择题。

必须注明大、小题号，使用0．5毫米黑色字迹签字笔作答。

4．合理安排答题空间。

超出答题区域无效。

第一部分选择题(共35分)一、单项选择题(本大题共25小题，每小题l分，共25分)在每小题列出的四个备选项中只有一个是符合题目要求的。

请将其选出并将“答题卡”的相应代码涂黑。

错涂、多涂或未涂均无分。

1．关于柏拉图的正义观点，下列说法正确的是A．正义就是欠债还债B．正义就是强者的利益C．正义就是最好和最坏的折中D．正义是人类心灵的内在存在2．斯多葛学派认为，较高级的法律是A．人定法B．自然法C．基本法D．成文法3．罗马帝国的《引证法》规定，遇到疑难问题，在成文法无明文规定时，要按五大法学家著作来解决，五大法学家观点不一致时，应遵守的法学家是A．盖尤斯B．保罗C．乌尔比安D．帕比尼安4．主张军队和法律是一切国家的主要基础的法律思想家是A．马西利B．布丹C．马基雅维里D．西塞罗5．奥古斯丁撰写的代表性著作除《上帝之城》之外还有A．《忏悔录》B．《神学大全》C．《神学政治论》D．《政府论》6．西方法学产生于12—13世纪，其典型代表是A．波伦亚学派B．历史法学派C．自然法学派D．分析法学派7．孟德斯鸠认为，政治自由与自然条件有着密切的关系，在热带地区宜为A．专制政体，自由较多B．专制政体，自由较少C．共和政体，自由较多D．共和政体，自由较少8．在社会契约问题上，明确认为没有得到统治者的允许便不得另订新约的古典自然法学家是A．洛克B．卢梭C．霍布斯D．格老秀斯9．古典自然法学理论存在的时间区间是A．12—13世纪B．14一l5世纪C．15一l6世纪 D. 17—18世纪10．主张实行君主制、人民无反抗国家或政府的权利的古典自然法学家是A．格老秀斯B．斯宾诺莎C．洛克D．卢梭11．声称“谁听到了公共舆论而不懂得去藐视它，这种人绝做不成伟大的事业来”的哲理法学家是A．康德B．黑格尔C．克饶斯D．斯塔姆勒12．康德反对使用的一个术语是A．天赋的权利B．获得的权利C．自然的权利D．社会的权利1 3．按照黑格尔对契约的分类，下列不属于交换契约的是A．互易B．租赁C．抵押权D．雇佣契约14．边沁认为，立法时必须根据的基准是A. 国民全体的快乐B．公民的生命安全C．成本与效益的关系D．统治者的最大利益15．梅因认为，在罗马承担法律拟制功能的是A．元老院的决议B．法学家的解答C．皇帝的敕令D．裁判官的告示1 6．根据萨维尼的理论，法学家必须具备的精神是A．能够从每一个概念和规则中抽象出一般法律规则B．对编纂法典充满兴趣，并有足够的能力C．坚持要为每一案件找到有关的法律条文D．能够从每一个概念和规则来看它和整体的生动关系1 7．下列关于历史法学理论的说法中，错误的是A．德国的历史法学带有较浓厚的浪漫主义色彩，相比之下，英国的历史法学则显得比较科学B．法律的历史解释，即以历史的观点和方法来研究法律，在亚里士多德、布丹、波里比的著作中早已有之C．耶林的目的法学广泛传播后，历史法学作为一个学派最后为新分析实证主义法学所吞并和吸收D．梅因也重视习惯法，甚至也承认“民族精神”，但这些都是观察的结果，是从实在的历史中汲取的18．发表《法律的道路》的法学家是A．西塞罗B．霍姆斯C．梅因D．霍布斯19．埃利希认为“法律的发展的重心”在于A．立法机构B．法学理论C．司法判决D．社会本身20．庞德认为法律的构成要素是律令、技术和A．规则B．原则C．指示D．理想21．韦伯对法律的论述不包括A．任何社会都存在着统治的结构及其相应的合法性原则B．法律秩序是一种理性化的统治C．近代法律制度只产生于西方世界，与资本主义的成长有关D．中国古代法也是一种理性法律22．富勒认为，主要体现社会生存最基本的要求，违背之则要受到谴责的是A．宗教道德B．经济道德C．愿望的道德D．义务的道德23．从经济分析法学的立场出发，盗窃犯的经济处罚数额与受害人实际所损失数额之间的关系是A．前者高于后者B．前者低于后者C．两者相等D．无所谓24．卡拉布雷西认为，责任规则基于公共设定的价格，即A．国家强制B．双方当事人的协商C．市场的客观价值D．垄断行为25．被波斯纳称之为“过失的经济含义”的是A．汉德公式B．权利规则C．责任规则D．帕累托最佳二、多项选择题(本大题共5小题，每小题2分，共10分)在每小题列出的五个备选项中至少有两个是符合题目要求的，请将其选出并将“答题卡”的相应代码涂黑。

2016年法律硕士（法学）专业基础真题及答案解析一、单项选择题：第1—20小题，每小题1分，共20分。

下列每题给出的四个选项中，只有一个选项是符合题目要求的。

1.“过失犯罪，法律有规定的才负刑事责任。

”刑法的这一规定体现的原则是( )。

A.罪刑法定B.主客观相统一C.罪责刑相适应D.刑法适用平等2.甲在油罐和货物混存的货场，用打火机烧开货物外包装袋，盗窃袋内物资，被盗物资遇明火燃烧，甲见状逃离，火势蔓延，造成了物资及附近建筑的巨大损失。

甲的行为应认定为( )。

A.盗窃罪B.失火罪C.故意毁坏财物罪D.以危险方法危害公共安全罪3.甲(15周岁)指使乙(13周岁)抢夺手机，乙得手后为了逃跑，捡起砖块将追赶的受害人打成轻伤。

甲的行为应认定为( )。

A.抢夺罪B.抢劫罪C.故意伤害罪D.不构成犯罪4.甲进入乙家行窃，乙将甲制服并报警。

在等待警察到来期间，乙多次击打甲的头部，致其重伤。

乙的行为应认定为( )。

A.正当防卫B.假想防卫C.防卫不适时D.防卫过当5.甲将500克冰糖冒充“冰毒”，卖给执行“卧底”任务的缉毒警察，被当场抓获。

甲的行为( ) A.构成诈骗罪B.构成贩卖毒品罪C.构成非法经营罪D.不构成犯罪6.依法佩枪的甲停职后，将100余发军用子弹存放在家中，拒不上交，情节恶劣。

甲的行为应认定为( )。

A.私藏弹药罪B.滥用职权罪C.玩忽职守罪D.非法持有弹药罪7.甲伪造军官身份，蒙骗了多名妇女与之发生性关系，甲的行为应认定为( )。

A.强奸罪B.招摇撞骗罪C.强奸罪与冒充军人招摇撞骗罪D.冒充军人招摇撞骗罪8.甲明知王某是逃犯，在公安人员前来抓捕王某时，给其3000元帮他逃跑。

甲的行为构成( )。

A.窝藏罪B.妨害公务罪C.包庇罪D.私放在押人员罪9.甲明知乙意图杀人，仍为其提供毒药。

第二天，甲后悔，向乙索回毒药，遭乙拒绝，乙于当晚投毒杀人得逞甲的行为应认定为( )。

A.犯罪预备B.犯罪未遂C.犯罪中止D.犯罪既遂10.甲非法举办推介会，以支付，40%的年息为条件，向50多名退休人员“借款”300多万元。