POLITICS AND LAW
当代国际私法国内立法发展趋势
当代国际私法国内立法发展趋势全球化就是我们当代国际私法的大趋势，以下是店铺为你整理的当代国际私法国内立法发展趋势，希望大家喜欢!当代国际私法国内立法发展趋势全球化是我们这个时代的大趋势。
它既是一种不争的客观事实，也是历史发展到今天所表现出来的一个特征。
一般认为，全球化是指一种进程，在这种进程中，原来局限于各个不同国家疆域内的诸多活动和制度正在冲破国界的局限，而成为全球性的。
1 就当代人类社会而言，作为上层建筑的法，面临全2球化这一客观现实，不论是国际法还是国内法都必然会反映这一事实。
同时，全球化的进程也是一个不断出现法律冲突的过程，因此国际私法作为调整跨国民商事关系、解决法律冲突的部门法，其发展趋势，尤其是21世纪的发展趋势也不同程度地受到全球化的影响。
3 全球化的一系列进程不同程度地促进了国际民商事交往，作为调整国际民商事关系的国际私法也因之而得到了发展，有一些较为显著的发展趋势值得引起我们的关注。
综观国际私法的发展进程，我们可以看到，在不同区域或者不同国度，尽管国际私法变革的过程、特点和目标有所差异，但是作为一种模式或者势态，国际私法现代化却几乎成为这一历史过程的基本法律表现。
诚然，这个进程在不同法系或法域中的具体的实现程度各不相同;但是，他们所昭示的国际私法成长发展的时代走向却有许多共同之处。
众所周知，国际私法是随着解决各国之间法律冲突的需要而发展起来的，其作用在于消除调整涉外民事关系的国际民商法律的冲突。
传统国际私法选择法律的方法是选择其中一个国家的法律来调整涉外民商事关系，它是法律适用法，即一国法院受理涉外民、商事案件涉及到数国法律的效力时由其确定应当1 Jost Debrack, Globalization of Law, Politics and Markets-Implications for Domestic Law - AEuropean 参见刘锦：《二十一世纪法学研究的一个新课题：法律全球化》，载《中国法学》1999年第6期。
Northwest University of Politics and Law
Northwest University of Politics and Law西北政法大学（NorthWest University of Politics and Law）简称西法大，坐落于世界历史文化名城西安，是一所中央与地方共建，由陕西省人民政府主管的高等政法院校。
其前身为1939年11月复建的陕北公学、1941年成立的延安大学和1949年成立的西北人民革命大学。
曾为最高人民法院、司法部直属的中国大陆地区重点法律院校。
是著名的“五院四系”成员高校，“立格联盟”组成院校，中国哲学社会科学的重点院校，中央政法委、教育部首批“卓越法律人才”培养基地，“2011计划”司法文明协同创新中心西北基地，同时是全国法律人才培养的重要基地，西北地区法学科研教育中心，西部地区人文社会科学教育重镇，迄今为止已为国家培养了10万多名高素质人才[1] 。
西北政法大学于2006年正式由西北政法学院更名为西北政法大学。
学校设有哲学与社会发展学院、公安学院、刑事法学院、国际教育学院等18个学院和体育教学部，辐射哲学、经济学、法学、文学、工学、管理、艺术等专业大类，其中哲学、新闻学、侦查学专业为国家级特色专业，法学专业为陕西省名牌和特色专业，拥有法学一级学科博士后流动站，设有10个法学博士学位授权点，35个硕士学位授权点4个专业硕士学位授权点。
[2]展开创办时间1939年11月所处城市中国西安学校类型政法属性国立重点高等政法大学|省属重点本科高校|“五院四系”|“立格联盟”核心成员主管部门陕西省教育厅学校官网学校概况专业设置历年分数线目录1历史沿革▪历史概述▪发展历程2办学条件▪硬件设施▪对外交流▪师资力量▪院系设置▪学科建设▪学位授予3学术研究▪科研机构▪科研成果▪学术期刊4文化传统▪校徽▪校训▪西法大精神▪办学理念5校园环境6学校领导▪历任校长▪现任领导7知名校友▪党政官员▪著名学者▪知名学者▪企事业人士▪知名律师▪影视明星记者8学校地址基本信息编辑中文名西北政法大学英文名Northwest University of Politics and Law简称西法大NWUPL创办时间1939年11月类别公立大学学校类型政法属性国立重点高等政法大学省属重点本科高校“五院四系”、“立格联盟”核心成员所属地区中国西安现任校长贾宇知名校友葛洪义、牟新生、杨永华、田文昌主管部门陕西省教育厅硕士点39个博士点10个博士后流动站1校训严谨求实文明公正主要院系哲学与社会发展学院、公安学院、刑事法学院、民商法学院等学校地址西安市长安南路300号（雁塔校区）西安市西长安街558号（长安校区）学校代码10726主要奖项首批卓越法律人才教育培养基地国家级实验教学示范中心4个国家级重点科研基地11个省级重点科研基地国家特色专业3个省部重点学科10个发展目标国内一流的教学研究型政法大学邮政编码雁塔校区710063 长安校区7101221历史沿革编辑历史概述陕北公学→延安大学→西北人民革命大学→西北政法干部学校→中央政法干部学校西北分校→西安政法学院→西北政法学院→西北政法大学西北政法大学历史沿革西北政法大学有着70多年的办学历史，具有光荣革命传统，富有丰厚文化底蕴。
中国政法大学介绍英文作文
中国政法大学介绍英文作文China University of Political Science and Law, also known as CUPL, is a prestigious institution located in Beijing, China. It is renowned for its excellence in legal education and research, and has a long history of producing top legal professionals and scholars.The university offers a wide range of academic programs, including undergraduate, graduate, and doctoral degrees in law, political science, and other related fields. Thefaculty members are highly qualified and experienced, and they are dedicated to providing students with a challenging and stimulating learning environment.CUPL has established partnerships with many leading universities and research institutions around the world, which enables students and faculty to engage ininternational exchange programs and collaborative research projects. This global perspective enriches the academic experience and broadens students' understanding of the lawand politics.In addition to its academic endeavors, CUPL is also actively involved in various community service and pro bono legal work. Students are encouraged to participate in clinical legal education programs and internships, where they can apply their knowledge and skills to real-lifelegal cases and make a positive impact on society.The campus of CUPL is modern and well-equipped, providing students with state-of-the-art facilities for learning, research, and recreation. The university also organizes a wide range of extracurricular activities, including moot court competitions, academic conferences, and cultural events, which contribute to a vibrant and dynamic campus life.Overall, China University of Political Science and Law is a leading institution for legal education and researchin China, and it is committed to nurturing future leaders in the field of law and politics. With its strong academic programs, global perspective, and dedication to communityservice, CUPL continues to make a significant impact on the legal profession and society as a whole.。
英国3-政治和法律
● Exception: Margaret Thatcher
16
An Outline Introduction to U.K.
Elections p35 p4-5
I. Fill in the blanks
Review
1. The government system of the United Kingdom is known as the _C_o_n_s_ti_tu_t_io_n_a_l_m__o_n_a_rc_h__. In this system, the head of state is __th_e__m_o_n_a_r_c_h
9
An Outline Introduction to U.K.
The Tories (托利党) p33 p2
● Robbers ● The interests of the small landed gentry and
tradesmen----the middle class. ● Stable social order ● The Conservative Party in the middle of 19th century.
2
2. What are the functions of Cabinet? The Cabinet, as the nucleus of the government, performs a pivotal role in the English government. Most of the important bills under the debate in the Parliament originate in the Cabinet. It controls a majority of the seats in Parliament and policies proposed by the Cabinet often win the approval of Parliament.
学院英文名称
外国语学院School of Foreign Languages and Cultures英语英语English 英语教育英语教育English Education日语日语Japanese阿拉伯语阿拉伯语Arabic政法学院School of Politics and Law法学法学Science of Law行政管理行政管理Administration Management思想政治管理思想政治管理Ideological and Political Management人文学院School of Humanities汉语言文学汉语言文学Chinese Literature新闻学新闻学Journalism历史学历史学History旅游管理旅游管理Tourism Management广告学广告学Science of Advertising物理电气信息学院School of Physics and Electrical Information Engineering物理学物理学Physics电气工程与自动化电气工程与自动化Electrical Engineering and Automation电子信息工程电子信息工程Electronic Information Engineering通信工程通信工程Communication Engineering网络工程网络工程Network Engineering资源环境学院School of Resources and EnvironmentResources and Environment and Urban and Rural 资源环境与城乡规划资源环境与城乡规划Planning地理信息系统Geographical Information System地理信息系统Environmental Science环境科学环境科学土木与水利工程学院School of Civil Engineering and Water ConservancyArchitecture建筑学建筑学Civil Engineering土木工程土木工程City Planning城市规划城市规划交通工程Transportation Engineering交通工程Agricultural Water Conservancy Engineering 农业水利工程农业水利工程工程管理Engineering Management工程管理农学院School of AgricultureFood Science and Engineering食品科学与工程食品科学与工程农学Agronomy农学Gardening园艺园艺植物保护Plant Protection植物保护Herbal Science草业科学草业科学林学Forestry林学Horticulture园林园林森林资源保护与游憩Forestry Resource Protection and Recreation森林资源保护与游憩Animal Medicine动物医学动物医学动物科学Zoology动物科学Agricultural Resources and Environment农业资源与环境农业资源与环境经济管理学院School of Economics and Management经济学Economics经济学Business Administration工商管理工商管理信息管理与信息系统Information Management and Information System 信息管理与信息系统Marketing市场营销市场营销Accounting会计学会计学E-Commerce电子商务电子商务农林经济管理Farming and Forestry Economy Management 农林经济管理教育科学学院School of Education ScienceEducational Technology教育技术学教育技术学应用心理学Applied Psychology应用心理学小学教育Elementary School Education小学教育数学计算机学院School of Mathematics and Computer ScienceMathematics and Applied Mathematics数学与应用数学数学与应用数学信息与计算机科学Information and Computer Science信息与计算机科学Software Engineering软件工程软件工程Computer Science and Technology计算机科学与技术计算机科学与技术生命科学学院School of Life SciencesBiological Science生物科学生物科学Biotechnology生物技术生物技术化学化工学院School of Chemistry and Chemical EngineeringChemistry化学化学应用化学应用化学Applied Chemistry化学工程与工艺化学工程与工艺Chemical Engineering and Technology制药工程制药工程Pharmaceutical Engineering材料化学材料化学Material Chemistry机械工程学院School of Mechanical Engineering过程装备与控制工程过程装备与控制工程Processing Equipment and Control Engineering机械工程及自动化机械工程及自动化Mechanical Engineering and Automation交通运输交通运输Traffic and Transportation农业机械化及自动化农业机械化及自动化Agricultural Mechanization and Automation音乐学院School of Music音乐学音乐学Musicology舞蹈学舞蹈学Dancing体育学院School of Physical Education体育教育体育教育 Physical Education美术学院School of Art美术学美术学Art艺术设计艺术设计Artistic Design国际教育学院国际教育学院School of International Education思想政治课教学研究部思想政治课教学研究部Department of Moral Education民族预科教育学院民族预科教育学院Preparatory School for Minority Nationalities继续教育学院继续教育学院School of Further Education远程教育学院远程教育学院School of Distance Learning高等职业技术学院高等职业技术学院School of Higher V ocational Technology新华学院新华学院Xinhua School船舶工程学院 C o l l e g e o f S h i p b u i l d i n g E n g i 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Engineering岩土工程 Geotechnical Engineering结构工程 Structural Engineering市政工程 Municipal Engineering供热、供燃气、通风及空调工程 Heating, Gas Supply, Ventilating and Air Conditioning Engineering防灾减灾工程及防护工程 Disaster Prevention and Reduction Engineering and Protective Engineering 桥梁与隧道工程 Bridge and Tunnel Engineering水利工程 Hydraulic Engineering水文学及水资源 Hydrology and Water Resources水力学及河流动力学 Hydraulics and River Dynamics水工结构工程 Hydraulic Structure Engineering水利水电工程 Hydraulic and Hydro-Power Engineering港口、海岸及近海工程 Harbor, Coastal and Offshore Engineering测绘科学与技术 Surveying and Mapping大地测量学与测量工程 Geodesy and Survey Engineering摄影测量与遥感 Photogrammetry and Remote Sensing地图制图学与地理信息工程 Cartography and Geographic Information Engineering化学工程与技术 Chemical Engineering and Technology化学工程 Chemical Engineering化学工艺 Chemical Technology生物化工 Biochemical Engineering应用化学 Applied Chemistry工业催化 Industrial Catalysis地质资源与地质工程 Geological Resources and Geological Engineering矿产普查与勘探 Mineral Resource Prospecting and Exploration地球探测与信息技术 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Science畜牧学 Animal Science动物遗传育种与繁殖 Animal Genetics, Breeding and ReproductionScience动物营养与饲料科学 Animal Nutrition and Feed Science草业科学 Practaculture Science特种经济动物饲养学（含蚕、蜂等） The Rearing of Special-type Economic Animals (including Silkworm, Honeybees, etc.)兽医学 Veterinary Medicine基础兽医学 Basic Veterinary Medicine预防兽医学 Preventive Veterinary Medicine临床兽医学 Clinical Veterinary Medicine林学 Forestry林木遗传育种学 Forest Tree Genetics and Breeding森林培育学 Silviculture森林保护学 Forest Protection森林经理学 Forest Management野生动植物保护与利用 Wildlife Conservation and Utilization园林植物与观赏园艺 Ornamental Plants and Horticulture水土保持与荒漠化防治 Soil and Water Conservation and Desertification Combating水产学 Fisheries Science水产养殖学 Aquaculture Science捕捞学 Fishing Science渔业资源学 Science of Fisheries Resources医学 Medicine基础医学 Basic Medicine人体解剖与组织胚胎学 Human Anatomy, Histology and Embryology免疫学 Immunology病原生物学 Pathogenic Organisms病理学与病理生理学 Pathology and Pathophysiology法医学 Forensic Medicine放射医学 Radiation Medicine航空航天与航海医学 Aerospace and Nautical medicine临床医学 Clinical Medicine内科学（含心血管病学、血液病学、呼吸系病学、消化系病学、内分泌与代谢病学、肾脏病学、风湿病学、传染病学） Internal medicine (including Cardiology, Hematology, Respiratory, Gastroentero logy, Endocrinology and Metabolism, Nephrology, Rheuma-tology, Infectious Diseases) 儿科学 Pediatrics老年医学 Geriatrics神经病学 Neurology精神病与精神卫生学 Psychiatry and Mental Health皮肤病与性病学 Dermatology and Venereology影像医学与核医学 Imaging and Nuclear Medicine临床检验诊断学 Clinical Laboratory Diagnostics护理学 Nursing外科学（含普通外科学、骨外科学、泌尿外科学、胸心血管外科学、神经外科学、整形外科学、烧伤外科学、野战外科学） Surgery (General Surgery, Orthopedics, Urology, Cardiothoracic Surgery, Neuros urgery, Plastic Surgery, Burn Surgery, Field Surgery)妇产科学 Obstetrics and Gynecology眼科学 Ophthalmic Specialty耳鼻咽喉科学 Otolaryngology肿瘤学 Oncology康复医学与理疗学 Rehabilitation Medicine & Physical Therapy运动医学 Sports Medicine麻醉学 Anesthesiology急诊医学 Emergency Medicine口腔医学 Stomatology口腔基础医学 Basic Science of Stomatology口腔临床医学 Clinical Science of Stomatology公共卫生与预防医学 Public Health and Preventive Medicine流行病与卫生统计学 Epidemiology and Health Statistics劳动卫生与环境卫生学 Occupational and Environmental Health营养与食品卫生学 Nutrition and Food Hygiene儿少卫生与妇幼保健学 Maternal, Child and Adolescent Health卫生毒理学 Hygiene Toxicology军事预防医学 Military Preventive Medicine中医学 Chinese Medicine中医基础理论 Basic Theories of Chinese Medicine中医临床基础 Clinical Foundation of Chinese Medicine中医医史文献 History and Literature of Chinese Medicine方剂学 Formulas of Chinese Medicine中医诊断学 Diagnostics of Chinese Medicine中医内科学 Chinese Internal Medicine中医外科学 Surgery of Chinese Medicine中医骨伤科学 Orthopedics of Chinese Medicine中医妇科学 Gynecology of Chinese Medicine中医儿科学 Pediatrics of Chinese Medicine中医五官科学 Ophthalmology and Otolaryngoloy of Chinese Medicine针灸推拿学 Acupuncture and Moxibustion and Tuina of Chinese medicine民族医学 Ethnomedicine中西医结合医学 Chinese and Western Integrative Medicine中西医结合基础医学 Basic Discipline of Chinese and Western Integrative中西医结合临床医学 Clinical Discipline of Chinese and Western Integrative Medicine 药学 Pharmaceutical Science药物化学 Medicinal Chemistry药剂学 Pharmaceutics生药学 Pharmacognosy药物分析学 Pharmaceutical Analysis微生物与生化药学 Microbial and Biochemical Pharmacy药理学 Pharmacology中药学 Science of Chinese Pharmacology军事学 Military Science军事思想学及军事历史学 Military Thought and Military History军事思想学 Military Thought军事历史学 Military History战略学 Science of Strategy军事战略学 Military Strategy战争动员学 War Mobilization战役学 Science of Operations联合战役学 Joint Operation军种战役学（含第二炮兵战役学） Armed Service Operation (including Operation of Strategic Missile Force) 战术学 Science of Tactics合同战术学 Combined-Arms Tactics兵种战术学 Branch Tactics军队指挥学 Science of Command作战指挥学 Combat Command军事运筹学 Military Operation Research军事通信学 Military Communication军事情报学 Military Intelligence密码学 Cryptography军事教育训练学（含军事体育学） Military Education and Training (including Military Physical Training)军制学 Science of Military System军事组织编制学 Military Organizational System军队管理学 Military Management军队政治工作学 Science of Military Political Work军事后勤学与军事装备学 Science of Military Logistics and Military Equipment军事后勤学 Military Logistics后方专业勤务 Rear Special Service军事装备学 Military Equipment管理学 Management Science管理科学与工程 Management Science and Engineering工商管理学 Science of Business Administration会计学 Accounting企业管理学（含财务管理、市场营销学、人力资源管理学） Corporate Management (including Financial Management, Marketing, and Human Res ources Management)旅游管理学 Tourist Management技术经济及管理学 Technology Economy and Management农林经济管理学 Agricultural and Forestry Economics & Management农业经济管理学 Agricultural Economics & Management林业经济管理学 Forestry Economics & Management公共管理学 Science of Public Management行政管理学 Administration Management社会医学与卫生事业管理学 Social Medicine and Health Management教育经济与管理学 Educational Economy and Management社会保障学 Social Security土地资源管理学 Land Resource Management图书馆、情报与档案学 Science of Library, Information and Archival图书馆学 Library Science情报学 Information Science档案学 Archival Science————————————————————————————————工程硕士 Engineering Master领域名称 Domain Title……………………………………………………………………………………………工程硕士领域英文名称工程硕士领域机械工程 Mechanical Engineering光学工程 Optical Engineering仪器仪表工程 Instrument and Meter Engineering材料工程 Material Engineering冶金工程 Metallurgy Engineering动力工程 Power Engineering电气工程 Electrical Engineering电子与通信工程 Electrical and Communication Engineering控制工程 Control Engineering计算机技术 Computer Technology软件工程 Software Engineering建筑与土木工程 Architectural and Civil Engineering水利工程 Hydraulic Engineering测绘工程 Surveying and Mapping Engineering化学工程 Chemical Engineering地质工程 Geological Engineering矿业工程 Mining Engineering石油与天然气工程 Petroleum and Natural Gas Engineering纺织工程 Textile Engineering轻工技术与工程 Light Industry Technology and Engineering交通运输工程 Communication and Transportation Engineering 船舶与海洋工程 Shipbuilding and Oceanography Engineering兵器工程 Arms Engineering核能与核技术工程 Nuclear Energy and Nuclear Technology农业工程 Agricultural Engineering林业工程 Forestry Engineering环境工程 Environmental Engineering生物医学工程 Biomedical Engineering食品工程 Foodstuff Engineering航空工程 Aeronautical Engineering航天工程 Aerospace Engineering车辆工程 Vehicle Engineering制药工程 Pharmaceutical Engineering工业工程 Industrial Engineering工业设计工程 Industrial Design Engineering生物工程 Biotechnology Engineering项目管理 Project Management物流工程 Logistics Engineering-----------------------------------------------------------------------------------------------------------工商管理硕士 Master of Business Administration。
Politics_law
Politics & Law:丑闻Franklin Roosevelt, Dwight Eisenhower, Lyndon Thomson and John Kennedy had extramarital affairs. Thomas Jefferson, many believe, fathered children, by one of his slaves. And Grover Cleveland confessed to having an illigitionate child.当权过久而昏庸腐败的领导者的例子路易十六执政18年，残暴昏庸，奢华无度，这是由于他的执政期间的种种暴行导致了法国大革命的爆发。
Louis XVI, who was brutal and fatuous, was in power for 18 years. His life was extravagant. It is his atrocities that led to the outbreak of the French Revolution.不稳定的社会对极端行为如何反应的例子In Somalia, a troublous and anarchic country, there are a lot of extremists and millions of people die in the battles between extremists. 索马里法律的实质和作用Law, body of official rules and regulations, generally found in constitutions, legislation,judicial opinions, and the like, that is used to govern a society and to control thebehavior of its members. The nature and functions of law have varied throughouthistory.法律的作用这个大啊，一段赞扬性排比：Law serves a variety of functions. Laws against crimes, for example, help to maintain a peaceful, orderly, relatively stable society. Courts contribute to social stability by resolving disputes in a civilized fashion. Property and contract laws facilitate business activities and private planning. Laws limiting the powers of government help to provide some degree of freedom that would not otherwise be possible. Law has also been used as a mechanism for social change; for instance, at various times laws have been passed to inhibit social discrimination and to improve the quality of individual life in matters of health, education, and welfare.法律当然和风俗，思想，情感不一样：Formal legal rules and actions are usually distinguished from other means of social control and guides for behavior such as mores, morality, public opinion, and custom or tradition.而且很不一样Laws resemble morality because they are designed to control or alter our behaviour. But unlike rules of morality, laws are enforced by the courts; if you break a law -- whether you like that law or not -- you may be forced to pay a fine, pay damages, or go to prison.法律好呀！例子多呀！For example, the law in Canada states that we must drive our cars on the right-hand side of a two-way street. If people were allowed to choose at random which side of the street to drive on,driving would be dangerous and chaotic. Laws regulating our business affairs help to ensure that people keep their promises. Laws against criminal conduct help to safeguard our personal property and our lives.和平解决纠纷Even in a well-ordered society, people have disagreements and conflicts arise. The law must provide a way to resolve these disputes peacefully. If two people claim to own the same piece of property, we do not want the matter settled by a duel: we turn to the law and to institutions like the courts to decide who is the real owner and to make sure that the real owner's rights are respected.适度的法律维护公民尊严，过度的法律变成集权：We need law, then, to ensure a safe and peaceful society in which individuals' rights are respected. But we expect even more from our law. Some totalitarian governments have cruel and arbitrary laws, enforced by police forces free to arrest and punish people without trial. Strong-arm tactics may provide a great deal of order, but we reject this form of control.讲法律对个人与社会的好总结：The Canadian legal system respects individual rights while, at the same time, ensuring that society operates in an orderly manner.又是作用：1．不光限制公民的行为，还要对公民负责干实事In our society, laws are not only designed to govern our conduct: they are also intended to give effect to（使实行起来）social policies. For example, some laws provide for benefits when workers are injured on the job, for health care, as well as for loans to students who otherwise might not be able to go to university.2．维护公平，保护弱势The law is a set of rules for society, designed to protect basic rights and freedoms, and to treat everyone fairly.Another goal of the law is fairness. This means that the law should recognize and protect certain basic individual rights and freedoms, such as liberty and equality. The law also serves to ensure that strong groups and individuals do not use their powerful positions in society to take unfair advantage of weaker individuals.法律也不是刻在石头上的死字，要与实俱进的说：However, despite the best intentions, laws are sometimes created that people later recognize as being unjust or unfair. In a democratic society like Canada, laws are not carved in stone, but must reflect the changing needs of society法律的稳定和发展的辨证关系例子大荟萃！：Social aspects社会发展所以法律要发展,因为法律是为社会服务的,保证社会有良好的秩序.民主也是在不断进步的,使法律得以不断完善.例子Take the United States for example.(1) democracy. 1787, the first Constitution was born, instead of being fixed, 1791 ten amendments were added to the Constitution to ensure human rights. Until now, there has been twenty-seven amendments, much more words than the initial Constitution.美国在1787年制定了《美利坚合众国宪法》，1791年就作出了史称“人权法案”的10条宪法修正案，迄今为止，美国宪法修正案已经有27条，超过正文三倍之多(2) the blacks. During the Civil war, Lincoln enacted the laws that entitled the equal rights to theblacks with the whites.Business world:法律随着出现的经济问题而发展，不断完善，确保市场的稳定和繁荣。
宪法与法治(英文版)
Dieter GrimmListe für China1. Constitutions, Constitutional Courts and Constitutional Interpretation at the Interface of Law and Politicsin: B. Iancu (ed.), The Law/Politics Distinction in Contemporary AdjudicationUtrecht 2009, S. 21 – 34(constitutional courts at the interface of law and politics 08-2008.doc)2. Constitutional Adjudication and Democracyin: M. Andenas (Hrsg.), Judical Review in International PerspectiveLiber Amicorum in Honour of Lord Slynn of Hadley Band IIDen Haag 2000, S. 103(constitutional adjudication lib.pdf)3. Political Parties(political parties engl fuer yale 07-2006)4. Levels of the Rule of Law(Levels of the rule of law final 15-12-09.doc)5. The Development towards a Rights-Oriented Legal Culture in Europe(rights-oriented legal culture china 03-2007.doc)6. Human Rights and Judicial Review in Germanyin: D. Beatty (Hrsg.), Human Rights and Judicial Review, Dordrecht 1994, S. 267(grimm human rights.pdf)7. Values in German Constitutional Law, Dennis Davis u.a. (Hrsg.) - noch nicht erschienen, (values in german const law Aenderungen 20-04-09.doc)8. Proportionality in Canadian and German Constitutional Jurisprudencein: University of Toronto Law Journal 57 (2007), S. 383 – 397(proportionality printversion 30-01-07.doc)9. The Protective Function of the Statein: G. Nolte (Hrsg.), European and US Constitutionalism, Cambridge (England) 2005,S. 137 – 155(protective function of the state 12-2004.doc)10. Civil Liberties in an Age of Terror(http://www.bertelsmann-stiftung.de/cps/rde/xbcr/SID-0A000F0A-935A2172/bst/Transatlantic%20Thinkers_Part_5_final.pdf)Dieter GrimmConstitutions, Constitutional Courts and Constitutional Interpretation at the Interface of Lawand PoliticsI.1. Before the end of World War II constitutional courts or courts with constitutional jurisdiction werea rarity. Although constitutions had been in place long before, a worldwide demand for constitutionaladjudication arose only after the experiences with the many totalitarian systems of the 20th century. The post-totalitarian constitutional assemblies regarded judicial review as the logical consequence ofconstitutionalism. In a remarkable judgment the Israeli Supreme Court said in 1995: "Judicial reviewis the soul of the constitution itself. Strip the constitution of judicial review and you have removed its very life… It is therefore no wonder that judicial re view is now developing. The majority of enlightened democratic states have judicial review… The Twentieth Century is the century of judicial review." (United Mizrahi Bank Ltd. v. Migdal Village, Civil Appeal No. 6821/93, decided 1995). Based on this universal trend the Israeli Court claimed the power of judicial review although it had not been explicitly endowed with it in the constitution.Yet, just as the transition from absolute rule to constitutionalism had modified the relationship between law and politics, this relationship was now modified by the establishment of constitutional courts. As long as law was regarded as being of divine origin politics were submitted to law. Political power derived its authority from the task to maintain and enforce divine law, but did not include the right to make law. When the Reformation undermined the divine basis of the legal order and led to the religious civil wars of the 16th and 17th century the inversion of the traditional relationship between law and politics was regarded as a precondition for the restoration of social peace. The political ruler acquired the power to make law regardless of the contested religious truth. Law became a product of politics. It derived its binding force no longer from God‘s will but from the ruler‘s will. It was henceforth positive law. Eternal or natural law, in spite of its name, was not law, but philosophy.Constitutionalism as it emerged in the last quarter of the 18th century was an attempt to re-establish the supremacy of the law, albeit under the condition that there was no return to divine or eternal law. The solution of the problem consisted in the reflexivity of positive law. Making and enforcing the law was itself subjected to legal regulation. To make this possible a hierarchy had to be established within the legal system. The law that regulated legislation and law-enforcement had to be superior to the law that emanates from the political process. Yet, since there was no return to divine law the higher law was itself the product of a political decision. But in order to fulfil its function of submitting politics to law it needed a source different from ordinary politics. In accordance with the theory that, in the absence of a divine basis of rulership the only possible legitimization of political power is the consent of the governed, this source was found in the people. The people replaced the ruler as sovereign, just as before the ruler had replaced God. But the role of the popular sovereign was limited to enacting the constitution while the exercise of political power was entrusted to representatives of the people who could act only on the basis and within the framework of the constitution.Hence, one can say that the very essence of constitutionalism is the submission of politics to law. This function distinguishes constitutional law from ordinary law in various respects. There is, first, a difference in object. The object of constitutional law is politics. Constitutional law regulates the formation and exercise of political power. The power holders are the addressees of constitutional law. Secondly, constitutional and ordinary law have different sources. Since constitutional law brings forth legitimate political power it cannot emanate from that same power. It is made by or attributed to the people. Consequently, the making of constitutional law differs, thirdly, from the making of ordinarylaw. It is usually a special body that formulates constitutional law and its adoption is subject to a special procedure in which either the people takes the decision or, if a representative body is called upon to decide, a supermajority is required.Fourthly, constitutional law differs from ordinary law in rank. It is higher law. In case of conflict between constitutional law and ordinary law or acts of ordinary law application constitutional law trumps. What has been regulated in the constitution is no longer open to political decision. Insofar, the majority rule does not apply. This does not mean a total juridification of politics. Such a total juridification would be the end of politics and turn it into mere administration. Constitutional law determines who is entitled to take political decisions and which procedural and substantive rules he has to observe in order to give these decisions binding force. But the constitution neither predetermines the input into the constitutionally regulated procedures nor their outcome. It regulates the decision-making process but leaves the decisions themselves to the political process. It is a framework, not a substitute for politics.Finally, constitutional law is characterized by a certain weakness compared to ordinary law. Ordinary law is made by government and applies to the people. If they do not obey government is entitled to use force. Constitutional law, on the contrary, is made by or at least attributed to the people as its ultimate source and applies to government. If the government does not comply with the requirements of constitutional law there is no superior power to enforce it. This weakness may differ in degree, depending on the function of the constitution. Regarding the constitutive function the structure of public power will usually conform to the constitutional arrangement. Regarding its function to regulate the exercise of political power this cannot be taken for granted. The historical and actual evidence is abundant.2. It was this weakness that gave rise to constitutional adjudication, in the United States soon after the invention of constitutionalism, in Europe and other parts of the world only after the collapse of the fascist and racist, socialist and military dictatorships beginning in the 1950s and culminating in the 1990s. Although many of these systems had constitutions their impact was minimal, and invoking constitutional rights could be dangerous to citizens. In the light of this experience constitutional courts were generally regarded as a necessary completion of constitutionalism. If the very essence of constitutionalism is the submission of politics to law, the very essence of constitutional adjudication is to enforce constitutional law vis-à-vis government. This implies judicial review of political acts including legislation. However, constitutional courts or courts with constitutional jurisdiction cannot fully compensate for the weakness of constitutional law. Since the power to use physical force remains in the hands of the political branches of government, courts are helpless when politicians refuse to comply with the constitution or disregard court orders.But apart from this situation, which is exceptional in a well-functioning liberal democracy with a deeply-rooted sense for the rule of law, it makes a difference whether a political system adopts constitutional adjudication or not. Even a government that is generally willing to comply with the constitution will be biased regarding the question what exactly the constitution forbids or requires in a certain situation. Politicians tend to interpret the constitution in the light of their political interests and intentions. In a system without constitutional adjudication usually the interpretation of the majority prevails. In the long run this will undermine the achievement of constitutionalism. By contrast, in a system with constitutional adjudication an institution exists that does not pursue political intentions, is not subject to election and specializes on constitutional interpretation in a professional manner. It is thus less biased and can uphold constitutional requirements vis-à-vis the elected majority. Even more important is the preventive effect of constitutional adjudication. The mere existence of a constitutional court causes the political majority to raise the question of the constitutionality of a political measure quite early in the political process and in a more neutral way. It observes its own political plans through the eyes of the constitutional court.Kelsen, whom the Israeli Supreme Court quotes approvingly in the Mizrahi opinion, may have exaggerated when he said that a constitution without constitutional adjudication is just like not having a constitution at all. There is a number of long-established democracies where the constitution mattersalthough no constitutional review exists. Here constitutional values have become part of the legal and political culture so that there is less need for institutionalized safeguards. But for the majority of states, in particular for those who turned toward constitutional democracy only recently, it is true that the constitution would not matter very much in day-to-day politics if it did not enjoy the support of a special agent that enforces the legal constraints to which the constitution submits politics. The small impact of fundamental rights before the establishment of judicial review proves this.However, the existence of a constitutional court alone is not sufficient to guarantee that politicians respect the constitution. Just as constitutionalism is an endangered achievement constitutional adjudication is in danger as well. Politicians, even if they originally agreed to establish judicial review, soon find out that its exercise by constitutional courts is often burdensome for them. Constitutions put politics under constraints and constitutional courts exist in order to enforce these constraints. Not everything that politicians find necessary – be it for themselves or their party, be it for what they deem good for the common interest – can be effectuated if the court sees it not in line with the constitution. Politicians therefore have a general interest in a constitutional court that, to put it mildly, is at least not adverse to their objectives and plans. But there is also a specific interest in the outcome of constitutional litigation on which the implementation of a certain policy depends.Yet, any political interference with the judicial process would undermine the whole system of constitutional democracy. This is why judges must be protected against political influence or pressure. The dividing line between the various organs of the state drawn by the principle of separation of powers is particularly strong where the judiciary is concerned. Independence of the judiciary is indispensable for the functioning of a constitutional system and is therefore itself in need of constitutional protection. If it is true that constitutional courts are helpless when political actors refuse to obey their orders, it is even more true that constitutional courts are useless when they cannot take their decisions independently from politics. The best protection of judicial independence is, of course, a deeply-rooted conviction on the side of politicians that any interference with court procedures is unacceptable, supported by a strong backing for the constitution within society. But this cannot be taken for granted. Rather, special safeguards are necessary. Judicial independence must be guaranteed, not only against any attempt to directly influence the outcome of litigation, but also against more subtle ways of putting pressure on the judiciary. This is why constitutions usually guarantee the irremovability of judges and often a sufficient salary, to mention only a few devices.A special problem in this context is the recruitment of judges of constitutional courts or courts with constitutional jurisdiction. Since these courts have a share in public power the judges need democratic legitimation. If they are not elected directly by the people, a circumstance which presents problems of its own regarding judicial independence, some involvement of the elected branches of government in the recruitment process seems inevitable. Yet, every involvement creates the temptation to elect or appoint deferential judges. Recruitment of judges is the open flank of judicial independence. A constitutional court that simply reflects political interests will hardly be able to keep the necessary distance from politics. Hence, safeguards against a politicization of the court are of vital importance.Most countries with constitutional adjudication have some special provisions for the election or appointment of constitutional judges. If they are elected by parliament often a supermajority, like the one required for amending the constitution, is prescribed. This means that majority and minority must agree on one candidate, which makes extreme partisan appointments unlikely. Other countries prefer a mixed system of election and appointment by dividing the right to select constitutional judges among different bodies of government. In others, non-political actors are involved in the process, for instance representatives of the legal profession. It may be difficult to determine which system is the best. But it is not difficult to see that some barriers against the threat of a politically docile constitutional court must be erected if constitutionalism is to live up to its aspirations.3. Judicial independence is the constitutional safeguard against the threat arising from politicians to the judges' proper exercise of their function. It is directed against attempts to induce judges not to apply the law but to bend to political expectations. This is an external threat. But it would be naïve toassume that this is the only threat the functioning of the constitutional system is exposed to. There is an internal threat as well that comes from the judges themselves. It comes in two forms. One is the inclination to voluntarily follow, for what reasons ever, political expectations or even party lines. The other is the temptation to adjudicate according to one‘s own political preferences or ideas of what is just and unjust instead of following constitutional standards. The constitutional guarantee of judicial independence protects judges against politics, but it does not protect the constitutional system and society against judges who, for other reasons than direct political pressure, are willing to disobey or distort the law.Therefore, external independence must be accompanied by internal independence. The constitutional guarantee of judicial independence is not a personal privilege to decide at will, but a functional requirement. It shall enable judges to fulfil their function, namely to apply the law irrespectively of the interests and expectations of the parties to the litigation or powerful political or societal forces. It frees judges from extra-legal bonds, not to give them leeway in their decisions, but to enable them to decide according to the law. The reason for the independence from extra-legal bonds is to give full effect to the legal bonds to which judges are submitted. Submission to law is the necessary counterpart of judicial independence. Like for external independence, precautions can be taken for internal independence as well.However, since internal independence is largely a matter of professional ethics and individual character, the possibilities of the law are limited. Gross misbehaviour such as corruption can of course be outlawed and made a crime. Experience shows, however, that it is difficult to fight corruption within the judiciary when corruption is habitual among politicians and in society as well. This seems to be quite a problem in a number of new democracies. It is likewise justified to criminalize perversion of justice. But it is not easy to clearly distinguish perversion of justice from false or questionable interpretation of the law. This is why convictions because of perversion of justice are rare. Yet, criminalizing corruption and perversion of justice and removing judges from office who committed these crimes is not a violation of the independence of the judiciary.A more subtle misconduct is the willingness or pre-disposition to interpret the law in a way that is favourable to certain political views or to a party or a candidate for political office, either in general or in an individual case. This usually comes in the disguise of a legal argumentation that seeks to hide that, as a matter of fact, it is result-driven. This will not always occur intentionally. Self-deception of judges as to the motives of their judicial behaviour is not impossible. The problem is that this type of misconduct does not only appear in a number of new democracies. It can be observed in solid constitutional states as well. The decision of the US Supreme Court in Bush v. Gore in the year 2000 may serve as an example. There will hardly be a legal sanction in these cases. But there may be harsh public criticism or even a loss of trust in the judiciary to which no court can remain indifferent.II.1. Law owes its existence to a political decision. Political motives are legitimate in the process of law-making. But in a constitutional democracy the role of politics ends when it comes to applying the law. Application of the law is a matter for the legal system in which political motives are illegitimate. For this reason the division between law and politics is of crucial importance. But what if law application and in particular constitutional adjudication is in itself a political operation so that all attempts to separate law from politics on the institutional level are thwarted on the level of law application? This is a serious question, and it is a question that should not be confused with the abuse of judicial power which lies in the intentional non-application or misapplication of the law.Of course, constitutional adjudication is inevitably political in the sense that the object and the effect of constitutional court decisions are political. This follows from the very function of constitutional law, which is to regulate the formation and exercise of political power, and the function of constitutional courts, which consists in enforcing this law vis-à-vis politics. Constitutional courts are a branch of government. Excluding political issues from judicial scrutiny would be the end ofconstitutional review. Hence, the question can only be whether operations that judges undertake in order to find the law and to apply it to political issues are of a political or a legal character.This question arises because all analyses of the process of law application to concrete issues show that the text of the law is unable to completely determine judicial decisions. One of the reasons is that the law in general and constitutional law in particular is neither void of gaps and contradictions nor always clear and unambiguous, and it can hardly be different, given the fact that a legal system is a product of different times, reacting to various challenges, inspired by different interests or concepts of justice and depending on the use of ordinary language. Filling the gaps, harmonizing the contradicting provisions, rendering them precise enough for the decision of an issue is the task of the law applicants, in the last resort of the courts, which, in turn, draw profit from the efforts of legal science.But even if provisions are formulated as clearly and as coherently as possible they can raise questions when it comes to solving a concrete case. This incapacity to guarantee a full determination of legal decisions, even in the case of seemingly clear provisions, is inherent in the law because a law is by definition a general rule applicable to an indefinite number of cases arising in the future. This is why it must be formulated in more or less abstract terms. Consequently, there will always remain a gap between the general and abstract norm on the one hand and the concrete and individual case on the other. The judge has to find out what the general norm means with regard to the case at hand. This is achieved by interpretation, which always precedes the application of the norm. The general norm must be concretized to a more specific rule before the individual case can be decided.Like the task of filling gaps, harmonizing contradicting provisions, clarifying vague norms, the concretization contains a creative element. Norm application therefore is always to a certain extent norm-construction. The fact as such is undisputable. The degree can vary. It depends on a number of variables. The most important one is the precision of a norm. A narrowly tailored norm leaves less room for the constructive element whereas a broad or even vague norm requires a lot of concretization before it is ready for application to a case. Usually a constitution will contain more vague norms than, say, the code of civil procedure. This is certainly true for the guiding principles and for fundamental rights, less so for organizational and procedural norms. Another variable is the age of a norm. The older a norm the larger the number of problems that were not or could not have been foreseen by the legislature and thus raise questions of meaning and applicability.The mere fact that the law does not fully determine the judgment in individual cases is not sufficient to turn law application from a legal into a political operation. It remains a legal operation if what the judge adds to the text of the law in the process of interpretation has its basis in the text and can be derived from it in a reasonable argumentative manner. If not it becomes a political one. The task therefore is to distinguish between legal and non-legal arguments, be they political, economic or religious. This decision can only be taken within the legal system. No other system is competent to determine what counts as a legal argument. Within the legal system the distinction between a legal and a non-legal argument is the concern of methodology. By doing so methodology attempts to eliminate subjective influences from the interpretation of the law as far as possible. This is why the distinction between legal and non-legal operations in the course of law application becomes largely a question of legal method.Yet, different from the text of the law that is the product of a political decision and thus not at the disposition of judges, methodology is itself a product of legal considerations. It emerges in the process of interpreting and applying the law or is developed in scholarly discourse, but it is nowhere decreed authoritatively. This means at the same time that various methodologies can coexist and so can different variations of a certain methodological creed. Method is a matter of choice within the legal system. All historical attempts by legislators to prohibit interpretation or to prescribe a certain method have been in vain. They were themselves subject to interpretation. But the lack of one authoritative method does not mean that methodology can justify any solution and thus loses its disciplining effect on judges. Just as certain legal systems have their time in history methodologies have their time, too. There is usually a core of accepted arguments or operations and a number of arguments or operationsthat are regarded as unacceptable. The degree to which a method can succeed in eliminating all subjective elements from interpretation is controversial. There were and are methods that claim this capacity.2. A historically influential method that promised to eliminate subjective influences was legal positivism, not in its capacity as a theory of the validity of law opposed to all natural law theories, but in its capacity as theory of legal interpretation. For a positivist in this sense the legal norm consists of its text and nothing else, and the only instrument to discover the meaning of the text is philology and logic, i.e. not the legislative history, not the motives or the intent of the legislature, not the values behind the norm, not the social reality that brought forth the problems the norm was meant to solve and in which it is to take effect, not the consequences the interpretation may entail. There can be but one correct understanding of a norm and this remains correct as long as the norm is in force, no matter how the context changes.The problem with positivism was on the one hand that it could not fulfil its promise to eliminate all subjective influences on interpretation. Rather these influences were infused into the interpretation in a clandestine way, mostly in connection with the definition of the notions used by the legislature. On the other hand, positivism prohibited an adaptation of the law to social change by way of interpretation. Since the social reality in which the norm was to take effect was regarded as irrelevant for the interpretation a positivist could not even perceive of social change. Of course, a positivist would not have denied that, because of social change, a legal norm may miss its purpose and produce dysfunctional results. But this was regarded as a matter for the law-maker, not for the law-applicant. It was this deficit that largely contributed to the decline of positivism after the far-reaching social change in the wake of the Industrial Revolution and World War I.There is yet another influential theory of interpretation that claims to preclude all subjective influences, namely originalism. Different from positivism, originalists believe that only a historical method is the right way to ascertain the meaning of a legal norm. The law-applicant must give a norm, in particular a norm of the constitution, no meaning other than the one that the framers had had in mind. Sometimes originalism appears in a crude way that excludes the application of a norm to any phenomenon the framers could not have known. If the First Amendment to the U.S. Constitution protects the freedom of the press, this would not allow the law-applicant to extend the protection to radio and TV by way of interpretation. Sometimes originalism appears in a more enlightened form. The law-applicant is then permitted to ask whether the framers clearly would have included a new phenomenon had they known it at the time when the law was enacted. In this case it would be methodologically permissible to include radio and TV into the protection of the First Amendment by way of interpretation. But like a positivist an originalist is not prepared to acknowledge that there can be more than one sound interpretation of a norm and that the interpretation can legitimately change when the circumstances change in which it is applied.The problem with originalism is first a practical one. In most cases it is difficult or even impossible to know what the original understanding or the original intent was. It is the more difficult if many persons are involved in the process of constitution-making many of whom may not have expressed their understanding or intent. For this reason ascertaining the original intent or understanding is often a highly selective process, in which some utterances of actors are singled out and taken for the whole. The second problem is the same that positivism encountered. There is extremely limited or even no room at all for the adaptation of legal norms to social change. If social change affects the constitution adversely the only remedy is to amend the text, which can be extremely complicated in a country like the United States. The constitution tends to petrify, in opposition to the theory of a living constitution.Although one would have difficulties in finding positivists or originalists in Germany, these methodologies are by no means of historical interest only. Positivism, or more precisely a crude literal understanding, plays a considerable role in a number of post-communist countries and in parts of Latin America. Originalism has a stronghold in the United States in reaction to the activist Warren Court of the 1950s and '60s. In Germany, the idea that a legal method exists that can exclude any subjective。
思想道德修养与法律基础课程中英文简介
思想道德修养与法律基础课程代码：95001000课程名称：思想道德修养与法律基础英文名称：Thought Morals Tutelage and Legal Foundation学分：3 开课学期：第1学期授课对象：所有专业一年级课程主任：于和利副教授，硕士课程简介：本门课程为大学本科一年级学生必修的公共基础课，是高校政治理论课主干课程之一，在人才培养过程中，对其世界观、人生观、价值观和法制观念的形成和发展，具有重要的地位和作用。
本课程以提升大学生思想道德修养为主线，按照社会主义大学对大学生思想道德素质和法律素质的要求，以人生观、价值观、道德观、法制观教育为重点,遵循大学生思想道德形成、发展的基本规律，针对大学生成长过程中经常遇到的思想、政治、道德、法律、心理等问题，综合运用马克思主义理论及其他多学科知识，努力提高大学生思想道德素质，树立法制观念，使之成为“有理想、有道德、有文化、有纪律”的社会主义新人。
实践教学环节：本课程将利用业余或假期时间带领部分学生参加社会实践活动课程考核：课程最终成绩=平时成绩*30%+期末考试成绩*70%；平时成绩由出勤率、作业的完成情况决定；期末考试采取闭卷考试。
指定教材：[1]《思想道德修养与法律基础》高等教育出版社2008年6月参考书目：[1]《思想道德修养与法律基础》陈岸涛王京跃主编人民出版社2005年9月[2] 《大学德育教程》刘玉殿袁付平于和利主编山东大学出版社2007年8月Thought Morals Tutelage and Legal FoundationCurriculum code: 95001000Chinese Name of the curriculum: 思想道德修养与法律基础English Name of the curriculum: Thought Morals Tutelage and Legal Foundation Score: 3 Teaching time: the 1st semesterTeaching objects: students of the first grade from all specialtiesDirector of the curriculum: Associate Professor Yu Heli, master degree Curriculum synopsis:Designed for undergraduates of the first grade, this curriculum is a compulsory public basic course and one of the main branch curricula among courses of university politics theory. It plays an important role in the personnel training process, influencing the formation and the development of students’ outlook of the world and the life, and their conception of value and law. This curriculum takes the promotion of the university students’ ideological and moral qualities as a master line. According to the requirements of universities of socialism on students’ ideological, moral and legal qualities, it emphasizes the education of students’view on life, value conception, moral outlook and legal concept and follows the basic rule of formation and development of student’s ideology and moral. In order to tackle the problems encountered by university students in their growing process on such aspects as ideology, politic, moral, legal, psychology and so on, this curriculum utilizes the Marxism theory and other multi-disciplinary knowledge to improve the ideological and moral quality of university students and help them to set up the legal concept and become the new generation of socialism with great ideal, sound moral, profoundliteracy and high discipline.Teaching by practicing:This curriculum will lead students to participate in social practice in extra-curricular time or vacation time.Course assessment:Final result of the course = the usual achievement *30%+the final exam result * 70%;The usual achievement is decided by the attendance rate and the completion of the homework;The final exam adopts the form of closed-book examination.Specified materials:[1]. “Thought Morals Tutelage and Legal Foundation”, Higher Education Press,in June 2008.References:[1]. “Thought Morals Tutelage and Legal Foundation”, Chen Antao, WangJingyue, People's Publishing House, in September 2005.[2]. “The Moral Education Course in Universities”, Liu Yudian, Yuan Fupingand Yu Heli, Shandong University Press, in August 2007.。
2012年考研英语一真题-答案及详解
2012年考研英语一答案详解Section I Use of EnglishDirections:Read the following text. Choose the best word(s) for each numbered blank and mark A, B, C or D on ANSWER SHEET 1. (10 points)The ethical judgments of the Supreme Court justices have become an important issue recently. The court cannot _1_ its legitimacy as guardian of the rule of law _2_ justices behave like politicians. Yet, in several instances, justices acted in ways that _3_ the court’s reputation for being independent and impartial.Justice Antonin Scalia, for example, appeared at political events. That kind of activity makes it less likely that the court’s decisions will be _4_ as impartial judgments. Part of the problem is that the justices are not _5_by an ethics code. At the very least, the court should make itself _6_to the code of conduct that _7_to the rest of the federal judiciary.This and other similar cases _8_the question of whether there is still a _9_between the court and politics.The framers of the Constitution envisioned law _10_having authority apart from politics. They gave justices permanent positions _11_they would be free to _12_ those in power and have no need to _13_ political support. Our legal system was designed to set law apart from politics precisely because they are so closely _14_.Constitutional law is political because it results from choices rooted in fundamental social _15_ like liberty and property. When the court deals with social policy decisions, the law it _16_ is inescapably political-which is why decisions split along ideological lines are so easily _17_ as unjust.The justices must _18_ doubts about the court’s legitimacy by making themselves _19_ to the code of conduct. That would make rulings more likely to be seen as separate from politics and, _20_, convincing as law.1. [A]emphasize [B]maintain [C]modify [D] recognize2. [A]when [B]lest [C]before [D] unless3. [A]restored [B]weakened [C]established [D] eliminated4. [A]challenged [B]compromised [C]suspected [D] accepted5. [A]advanced [B]caught [C]bound [D]founded6. [A]resistant [B]subject [C]immune [D]prone7. [A]resorts [B]sticks [C]loads [D]applies8. [A]evade [B]raise [C]deny [D]settle9. [A]line [B]barrier [C]similarity [D]conflict10. [A]by [B]as [C]though [D]towards11. [A]so [B]since [C]provided [D]though12. [A]serve [B]satisfy [C]upset [D]replace13. [A]confirm [B]express [C]cultivate [D]offer14. [A]guarded [B]followed [C]studied [D]tied15. [A]concepts [B]theories [C]divisions [D]conceptions16. [A]excludes [B]questions [C]shapes [D]controls17. [A]dismissed [B]released [C]ranked [D]distorted18. [A]suppress [B]exploit [C]address [D]ignore19. [A]accessible [B]amiable [C]agreeable [D]accountable20. [A]by all mesns [B]atall costs [C]in a word [D]as a result Section II Reading ComprehensionPart ADirections:Read the following four texts. Answer the questions below each text by choosing A, B, C or D. Mark your answers on ANSWER SHEET 1. (40 points)Text 1Come on –Everybody’s doing it. That whispered message, half invitation and half forcing, is what most of us think of when we hear the words peer pressure. It usually leads to no good-drinking, drugs and casual sex. But in her new book Join the Club, Tina Rosenberg contends that peer pressure can also be a positive force through what she calls the social cure, in which organizations and officials use the power of group dynamics to help individuals improve their lives and possibly the word.Rosenberg, the recipient of a Pulitzer Prize, offers a host of example of the social cure in action: In South Carolina, a state-sponsored antismoking program called Rage Against the Haze sets out to make cigarettes uncool. In South Africa, an HIV-prevention initiative known as LoveLife recruits young people to promote safe sex among their peers.The idea seems promising，and Rosenberg is a perceptive observer. Her critique of the lameness of many pubic-health campaigns is spot-on: they fail to mobilize peer pressure for healthy habits, and they demonstrate a seriously flawed understanding of psychology.” Dare to be different, please don’t smoke!” pleads one billboard campaign aimed at reducing smoking among teenagers-teenagers, who desire nothing more than fitting in. Rosenberg argues convincingly that public-health advocates ought to take a page from advertisers, so skilled at applying peer pressure. But on the general effectiveness of the social cure, Rosenberg is less persuasive. Join the Club is filled with too much irrelevant detail and not enough exploration of the social and biological factors that make peer pressure so powerful. The most glaring flaw of the social cure as it’s presented here is that it doesn’t work very well for very long. Rage Against the Haze failed once state funding was cut. Evidence that the LoveLife program produces lasting changes is limited andmixed.There’s no doubt that our peer groups exert enormous influence on our behavior. An emerging body of research shows that positive health habits-as well as negative ones-spread through networks of friends via social communication. This is a subtle form of peer pressure: we unconsciously imitate the behavior we see every day.Far less certain, however, is how successfully experts and bureaucrats can select our peer groups and steer their activities in virtuous directions. It’s like the teacher who breaks up the troublemakers in the back row by pairing them with better-behaved classmates. The tactic never really works. And that’s the probl em with a social cure engineered from the outside: in the real world, as in school, we insist on choosing our own friends.21. According to the first paragraph, peer pressure often emerges as[A] a supplement to the social cure[B] a stimulus to group dynamics[C] an obstacle to school progress[D] a cause of undesirable behaviors22. Rosenberg holds that public advocates should[A] recruit professional advertisers[B] learn from advertisers’ experience[C] stay away from commercial advertisers[D] recognize the limitations of advertisements23. In the author’s view, Rosenberg’s book fails to[A] adequately probe social and biological factors[B] effectively evade the flaws of the social cure[C] illustrate the functions of state funding[D]produce a long-lasting social effect24. Paragraph 5shows that our imitation of behaviors[A] is harmful to our networks of friends[B] will mislead behavioral studies[C] occurs without our realizing it[D] can produce negative health habits25. The author suggests in the last paragraph that the effect of peer pressure is[A] harmful[B] desirable[C] profound[D] questionableText 2A deal is a deal-except, apparently ,when Entergy is involved. The company, a major energy supplier in New England, provoked justified outrage in Vermont last week when it announced it was reneging on a longstanding commitment to abide by the strict nuclear regulations. Instead, the company has done precisely what it had long promised it would not challenge the constitutionality of Vermont’s rules in the federal court, as part of a desperate effort to keep its Vermont Yankee nuclear power plant running. It’s a stunning move.The conflict has been surfacing since 2002, when the corporation bought Vermont’s only nuclear power plant, an aging reactor in Vernon. As a condition of receiving state approval for the sale, the company agreed to seek permission from state regulators to operate past 2012. In 2006, the state went a step further, requi ring that any extension of the plant’s license be subject to Vermont legislature’s approval. Then, too, the company went along.Either Entergy never really intended to live by those commitments, or it simply didn’t foresee what would happen next. A string of accidents, including the partial collapse of a cooling tower in 207 and the discovery of an underground pipe system leakage, raised serious questions about both Vermont Yankee’s safety and Entergy’s management–especially after the company made mislea ding statements about the pipe. Enraged by Entergy’s behavior, the Vermont Senate voted 26 to 4 last year against allowing an extension.Now the company is suddenly claiming that the 2002 agreement is invalid because of the 2006 legislation, and that only the federal government has regulatory power over nuclear issues. The legal issues in the case are obscure: whereas the Supreme Court has ruled that states do have some regulatory authority over nuclear power, legal scholars say that Vermont case will offer a precedent-setting test of how far those powers extend. Certainly, there are valid concerns about the patchwork regulations that could result if every state sets its own rules. But had Entergy kept its word, that debate would be beside the point.The company seems to have concluded that its reputation in Vermont is already so damaged that it has noting left to lose by going to war with the state. But there should be consequences. Permission to run a nuclear plant is a poblic trust. Entergy runs 11 other reactors in the United States, including Pilgrim Nuclear station in Plymouth. Pledging to run Pilgrim safely, the company has applied for federal permission to keep it open for another 20 years. But as the Nuclear Regulatory Commission (NRC) reviews the company’s application, it should keep it mind what promises from Entergy are worth.26. The phrase “reneging on”(Line 3.para.1) is closest in meaning to[A] condemning.[B] reaffirming.[C] dishonoring.[D] securing.27. By entering into the 2002 agreement, Entergy intended to[A] obtain protection from Vermont regulators.[B] seek favor from the federal legislature.[C] acquire an extension of its business license .[D] get permission to purchase a power plant.28. According to Paragraph 4, Entergy seems to have problems with its[A] managerial practices.[B] technical innovativeness.[C] financial goals.[D] business vision29. In the author’s view, the Vermont case will test[A] Entergy’s capacity to fulfill all its prom ises.[B] the mature of states’ patchwork regulations.[C] the federal authority over nuclear issues .[D] the limits of states’ power over nuclear issues.30. It can be inferred from the last paragraph that[A] Entergy’s business elsewhere might be affected.[B] the authority of the NRC will be defied.[C] Entergy will withdraw its Plymouth application.[D] Vermont’s reputation might be damaged.Text 3In the idealized version of how science is done, facts about the world are waiting to be observed and collected by objective researchers who use the scientific method to carry out their work. But in the everyday practice of science, discovery frequently follows an ambiguous and complicated route. We aim to be objective, but we cannot escape the context of our unique life experience. Prior knowledge and interest influence what we experience, what we think our experiences mean, and the subsequent actions we take. Opportunities for misinterpretation, error, and self-deception abound.Consequently, discovery claims should be thought of as protoscience. Similar to newly staked mining claims, they are full of potential. But it takes collective scrutiny and acceptance to transform a discovery claim into a mature discovery. This is the credibility process, through which the individual researcher’s me, here, now becomes the community’s anyone, anywhere, anytime. Objective knowledge is the goal, not the starting point.Once a discovery claim becomes public, the discoverer receives intellectual credit. But, unlike with mining claims, the community takes control of what happens next. Within the complex social structure of the scientific community, researchers make discoveries; editors and reviewers act as gatekeepers by controlling the publication process; other scientists use the new finding to suit their own purposes; and finally, the public (including other scientists) receives the new discovery andpossibly accompanying technology. As a discovery claim works it through the community, the interaction and confrontation between shared and competing beliefs about the science and the technology involved transforms an individual’s discovery claim into the community’s credible discovery.Two paradoxes exist throughout this credibility process. First, scientific work tends to focus on some aspect of prevailing Knowledge that is viewed as incomplete or incorrect. Little reward accompanies duplication and confirmation of what is already known and believed. The goal is new-search, not re-search. Not surprisingly, newly published discovery claims and credible discoveries that appear to be important and convincing will always be open to challenge and potential modification or refutation by future researchers. Second, novelty itself frequently provokes disbelief. Nobel Laureate and physiologist Albert Azent-Gyorgyi once described discovery as “seeing what everybody has seen and thinking what nobody has thought.” But thinking what nobody else has thought and telling others what they have missed may not change their views. Sometimes years are required for truly novel discovery claims to be accepted and appreciated.In the end, credibility “happens” to a discovery claim –a process that corresponds to what philosopher Annette Baier has described as the commons of th e mind. “We reason together, challenge, revise, and complete each other’s reasoning and each other’s conceptions of reason.”31. According to the first paragraph, the process of discovery is characterized by its[A] uncertainty and complexity.[B] misconception and deceptiveness.[C] logicality and objectivity.[D] systematicness and regularity.32. It can be inferred from Paragraph 2 that credibility process requires[A] strict inspection.[B]shared efforts.[C] individual wisdom.[D]persistent innovation.33.Paragraph 3 shows that a discovery claim becomes credible after it[A] has attracted the attention of the general public.[B]has been examined by the scientific community.[C] has received recognition from editors and reviewers.[D]has been frequently quoted by peer scientists.34. Albert Szent-Györgyi would most likely agree that[A] scientific claims will survive challenges.[B]discoveries today inspire future research.[C] efforts to make discoveries are justified.[D]scientific work calls for a critical mind.35.Which of the following would be the best title of the test?[A] Novelty as an Engine of Scientific Development.[B]Collective Scrutiny in Scientific Discovery.[C] Evolution of Credibility in Doing Science.[D]Challenge to Credibility at the Gate to Science.Text 4If the trade unionist Jimmy Hoffa were alive today, he would probably represent civil servant. When Hoffa’s Teamsters were in their prime in 1960, only one in ten American governm ent workers belonged to a union; now 36% do. In 2009 the number of unionists in America’s public sector passed that of their fellow members in the private sector. In Britain, more than half of public-sector workers but only about 15% of private-sector ones are unionized.There are three reasons for the public-sector unions’ thriving. First, they can shut things down without suffering much in the way of consequences. Second, they are mostly bright and well-educated. A quarter of America’s public-sector workers have a university degree. Third, they now dominate left-of-centre politics. Some of their ties go back a long way. Britain’s Labor Party, as its name implies, has long been associated with trade unionism. Its current leader, Ed Miliband, owes his position to votes from public-sector unions.At the state level their influence can be even more fearsome. Mark Baldassare of the Public Policy Institute of California points out that much of the state’s budget is patrolled by unions. The teachers’ unions ke ep an eye on schools, the CCPOA on prisons and a variety of labor groups on health care.In many rich countries average wages in the state sector are higher than in the private one. But the real gains come in benefits and work practices. Politicians have repeatedly “backloaded” public-sector pay deals, keeping the pay increases modest but adding to holidays and especially pensions that are already generous.Reform has been vigorously opposed, perhaps most egregiously in education, where charter schools, academies and merit pay all faced drawn-out battles. Even though there is plenty of evidence that the quality of the teachers is the most important variable, teachers’ unions have fought against getting rid of bad ones and promoting good ones.As the cost to everyone else has become clearer, politicians have begun to clamp down. In Wisconsin the unions have rallied thousands of supporters against Scott Walker, the hardline Republican governor. But many within the public sector suffer under the current system, too. John Donahue at Harvard’s Kennedy School points out that the norms of culture in Western civil services suit those who want to stay put but is bad for high achievers. The only American public-sector workers who earn well above $250,000 a year are university sports coaches and the president of the United States. Bankers’ fat pay packets have attracted much criticism, but apublic-sector system that does not reward high achievers may be a much bigger problem for America.36. It can be learned from the first paragraph that[A] Teamsters still have a large body of members.[B] Jimmy Hoffa used to work as a civil servant.[C] unions have enlarged their public-sector membership.[D]the government has improved its relationship with unionists.37. Which of the following is true of Paragraph 2?[A] Public-sector unions are prudent in taking actions.[B] Education is required for public-sector union membership.[C] Labor Party has long been fighting against public-sector unions.[D]Public-sector unions seldom get in trouble for their actions.38. It can be learned from Paragraph 4 that the income in the state sector is[A] illegally secured.[B] indirectly augmented.[C] excessively increased.[D]fairly adjusted.39. The example of the unions in Wisconsin shows that unions[A]often run against the current political system.[B]can change people’s political attitudes.[C]may be a barrier to public-sector reforms.[D]are dominant in the government.40. John Donahue’s at titude towards the public-sector system is one of[A]disapproval.[B]appreciation.[C]tolerance.[D]indifference.Part BDirections:In the following text, some sentences have been removed. For Questions 41-45, choose the most suitable one from the list A-G to fit into each of the numbered blanks. There are two extra choices, which do not fit in any of the blanks. Mark your answers on ANSWER SHEET1.(10 points)Think of those fleeting moments when you look out of an aeroplane window and realise that you are flying, higher than a bird. Now think of your laptop, thinner than a brown-paper envelope, or your cellphone in the palm of your hand. Take a moment or two to wonder at those marvels. You are the lucky inheritor of a dream come true.The second half of the 20th century saw a collection of geniuses, warriors, entrepreneurs and visionaries labour to create a fabulous machine that could function as a typewriter and printing press, studio and theatre, paintbrush and gallery, piano and radio, the mail as well as the mail carrier. (41)The networked computer is an amazing device, the first media machine that serves as the mode of production, means of distribution, site of reception, and place of praise and critique. The computer is the 21st century's culture machine.But for all the reasons there are to celebrate the computer, we must also tread with caution.(42)I call it a secret war for two reasons. First, most people do not realise that there are strong commercial agendas at work to keep them in passive consumption mode. Second, the majority of people who use networked computers to upload are not even aware of the significance of what they are doing.All animals download, but only a few upload. Beavers build dams and birds make nests. Yet for the most part, the animal kingdom moves through the world downloading. Humans are unique in their capacity to not only make tools but then turn around and use them to create superfluous material goods - paintings, sculpture and architecture - and superfluous experiences - music, literature, religion and philosophy. (43)For all the possibilities of our new culture machines, most people are still stuck in download mode. Even after the advent of widespread social media, a pyramid of production remains, with a small number of people uploading material, a slightly larger group commenting on or modifying that content, and a huge percentage remaining content to just consume. (44)Television is a one-way tap flowing into our homes. The hardest task that television asks of anyone is to turn the power off after he has turned it on.(45)What counts as meaningful uploading? My definition revolves around the concept of "stickiness" - creations and experiences to which others adhere.[A] Of course, it is precisely these superfluous things that define human culture and ultimately what it is to be human. Downloading and consuming culture requires great skills, but failing to move beyond downloading is to strip oneself of a defining constituent of humanity.[B] Applications like , which allow users to combine pictures, words and other media in creative ways and then share them, have the potential to add stickiness by amusing, entertaining and enlightening others.[C] Not only did they develop such a device but by the turn of the millennium they had also managed to embed it in a worldwide system accessed by billions of people every day.[D] This is because the networked computer has sparked a secret war between downloading and uploading - between passive consumption and active creation - whose outcome will shape our collective future in ways we can only begin to imagine.[E] The challenge the computer mounts to television thus bears little similarity to one format being replaced by another in the manner of record players being replaced by CD players.[F] One reason for the persistence of this pyramid of production is that for the past half-century, much of the world's media culture has been defined by a single medium - television - and television is defined by downloading.[G]The networked computer offers the first chance in 50 years to reverse the flow, to encourage thoughtful downloading and, even more importantly, meaningful uploading.Part CDirections:Read the following text carefully and then translate the underlined segments into Chinese. Your translation should be written clearly on ANSWER SHEET 2. (10 points)Since the days of Aristotle, a search for universal principles has characterized the scientific enterprise. In some ways, th is quest for commonalities defines science. Newton’s laws of motion and Darwinian evolution each bind a host of different phenomena into a single explicatory frame work.(46)In physics, one approach takes this impulse for unification to its extreme, and seeks a theory of everything—a single generative equation for all we see.It is becoming less clear, however, that such a theory would be a simplification, given the dimensions and universes that it might entail, nonetheless, unification of sorts remains a major goal.This tendency in the natural sciences has long been evident in the social sciences too. (47)Here, Darwinism seems to offer justification for it all humans share common origins it seems reasonable to suppose that cultural diversity could also be traced to more constrained beginnings. Just as the bewildering variety of human courtship rituals might all be considered forms of sexual selection, perhaps the world’s languages, music, social and religious customs and even history are governed by universal features. (48)To filter out what is unique from what is shared might enable us to understand how complex cultural behavior arose and what guides it in evolutionary or cognitive terms.That, at least, is the hope. But a comparative study of linguistic traits published online today supplies a reality check. Russell Gray at the University of Auckland and his colleagues consider the evolution of grammars in the light of two previous attempts to find universality in language.The most famous of these efforts was initiated by Noam Chomsky, who suggested that humans are born with an innate language—acquisition capacity that dictates a universal grammar. A few generative rules are then sufficient to unfold the entire fundamental structure of a language, which is why children can learn it so quickly.(49)The second, by Joshua Greenberg, takes a more empirical approach to universality identifying traits (particularly in word order) shared by many language which are considered to represent biases that result from cognitive constraintsGray and his colleagues have put them to the test by examining four family trees that between them represent more than 2,000 languages.(50)Chomsky’s grammar should show patterns of language change that are independent of the family tree or the pathway tracked through it. Whereas Greenbergian universality predicts strong co-dependencies between particular types of word-order relations. Neither of these patterns is borne out by the analysis, suggesting that the structures of the languages are lire age-specific and not governed by universals[NxtPage]Section III WritingPart A51. Directions:Some internationals students are coming to your university. Write them an email in the name of the Students’ Union to1) extend your welcome and2) provide some suggestions for their campus life here.You should write about 100 words on ANSWER SHEET2.Do not sign your name at the end of the letter. Use “Li Ming” instead.Do not write the address(10 points)Part B52. Directions: write an essay of 160-200 words based on the following drawing. In your essay you should1) describe the drawing briefly2) explain its intended meaning, and3) give your commentsYou should write neatly on ANSWER SHEET2.(20 points)Section Ⅰ Use of English2012年的完型填空是有关美国司法官伦理和政治关系的一篇文章，出自New York Times, June, 30th , 2011的“Ethics, Politics and the Law”一文。
politics的用法总结大全
politics的用法总结politics的意思n. 政治,政治事务,政治观点,权术politics用法politics可以用作名词politics作“政治活动”“政治事务”“政治生活”解时是不可数名词,作主语时,其谓语动词可用单数,也可用复数; 作“政治观点”“政见”解时谓语动词用复数; 作“政治学”解时谓语动词用单数; 作“权术”“派别之争”解时含贬义,谓语动词用单数。
politics用作名词的用法例句This letter does not pertain to politics.这封信的内容与政治无关。
He is not interested in politics.他不喜欢政治。
In politics Britain has preferred evolution to revolution.在政治上，英国喜欢渐进而不喜欢革命。
politics用法例句1、He closed down the business and went into politics.他关闭公司投身政治。
2、The film takes no position on the politics of Northern Ireland.这部电影未在北爱尔兰政治问题上选择站边。
3、But that doesn't mean this brand of politics is dead or dying.但那并不意味着这种政治主张已经或正在消亡。
★politics词组international politics 国际政治world politics 世界政治;国际政治;世界政治季刊power politics 强权政治party politics 党派政治new politics 新政治(由麦高文、麦卡锡等美国总统候选人提出的强调选民参与的政治)identity politics 认同政治，身份政治play politics 弄权;搞阴谋诡计politics and law committee 政法委★politics例句1.He was rather inhibited about discussing politics.对于讨论政治他相当不自在。
政治法律环境分析
Analysis of political and legal environmentin BrazilPolitics is the national social and economic life of an important force in national politics and its risk factors will affect to varying degrees in international marketing. The social norms of the specific subject of legal actions and relationships, international marketing companies will inevitably face a very different legal system and trade between Governments signed treaties, agreements and relevant laws and regulations of international trade. T o the company's toy products to the Brazilian market, the need for political and legal environment in Brazil a comprehensive system of understanding, which in the futurethe company plans to develop international marketing, internationalmarketing activities with complementary, guiding role.The first：Political environment1．Brazil's trade protection measuresAugust 4, 2009, the Brazilian toy industry has been officially included in the government list of industrial production into development policy, which means that the industry will get more special preferential policies, including the restoration of government credit support, tax exemptions ,the implementation of government procurement For education. T oy market share in Brazil, theBrazilian-made toys, 55%, 45% of toys made in China. Brazilian toy manufacturers want to 55% in 2010 on the basis of the existingre-win 10% market share, for the protection of domestic industry,Brazil, by strengthening customs control Customs will change the mode of automatic import license of reducing the competitiveness of Chinese products.2．Brazil toy imports the main content of policy change proposals Control of the Government of Brazil announced a quality imported toys emergency law through the implementation of the Southern Common Market (MERCOSUR) No. 23/04 of technical regulationson toy safety No. 7 established certification system, the quality of imported toys control, but Outside Brazil is not accepted test reportsissued by laboratories.October 30, 2008, the Brazilian government proposal to modifyimport policies, mainly including：1)．Compliance Certification:a、If the toy production of parts imported for the purpose only and not for commercial sale as the toy is no need to force the compliance certification;b、Depending on the circumstances, toys or toy parts should be based on No.5 or No. 7 certification system for certification.2)．qualified Tags:a、All imported toys must be labeled with conformity mark;b、Only certified compliance label affixed to the product can not allow the packaging of the toy labels pre-printed pass.3)．the test report:a、Accept other than Brazil, laboratory test reports issued (NM 300);b、The test report must be in Portuguese, and with the issuing institutions authorized by the signature and contact information;c、A laboratory test report must be issued by the International Laboratory Accreditation Cooperation (ILAC) signed the Brazilian national accreditation body or authorized institutions (INMETRO) recognition;d、All products tested outside Brazil must be in Brazil by the Brazilian laboratories / certification bodies for the following additional tests to verify its compliance:* General tests: Mechanical and physical properties* Chemical testing: the migration of certain elements3．the export process of the Brazilian Toy TestingEach batch of toys imported to Brazil need to be tested for by the local customs and institutions authorized by the local certification test sample tests Specific procedures are as follows:1）. The importer will submit a proforma invoice and product photos to Brazil Authority Inmetro recognized certification body..2）The certification body will give the commission the terms and contracts. According to the Brazilian government's foreign trade offices (SECEX) SISCOMEX the head of the official system, the above information (invoice, product photos, commissioned and contract terms) is the temporary import registration application support files.3）Imported toy products to reach the Customs Department will be temporarily kept by the accredited certification companies to the scene sample, then the sample sent to a qualified laboratory for testing.4.）In accordance with the standards of NM300, the sample volume as follows:6000 or more per unit - 3 samples6001-10000 between products - 30 samples5.）If you pass the tests revealed that the certificate of conformity of imported products will be issued out, by virtue of the certificate may apply for import of the final import certificate.6）. If the test results fail, the batch will be immediately destroyed or sent back to producers.* Note Common Market of Brazil is South America (including Brazil, Uruguay, Paraguay, Argentina), the only requirement on the product packaging and warnings signs marked the age of the country, does not meet the requirements of the product can not be imported into Brazil.4．import management systemBrazil's imports are mainly import documents license management, customs procedures, import licensing and quotas.5．tariff management systemBrazil's complex tax system, according to administrative area as a federal tax, state tax, municipal tax levels, respectively, by the federal government, state and municipal collection and management, but the federal tax-based.CIF calculation of tariffs mainly (CIF), with the Brazilian currency. Brazilian government to protect their own industries, to prevent dumping, when the import tariff levied primarily to the following two measures: to set minimum or reference price, and taxed accordingly, such as the import price below the minimum or reference price, the Department will Another difference tax levied; low offer or impose anti-dumping surcharge of goods act.Second, the legal environment1．anti-dumping lawBrazil anti-dumping law of the three basic principles, namely: (1) When the dumped imports cause injury to domestic industry, anti-dumping measures can be implemented; (2) by the Minister of Tourism, Trade and Industry and Minister of Finance jointly decided with the interim and final anti-dumping measures, approved price Commitment; (3) the Ministry of Tourism Commerce and Industry Foreign Trade Secretariat administrative proceedings.2．the Brazilian toy Standards Act.For the protection of human health and consumer safety, the Brazilian National Metrology, Standardization and Industrial Quality Association informed in recent years several bills related to toys.Toy standardsBrazil is a total of eight toys the following criteria:∙（NM 300-1 Safety of toys Part 1: General, mechanical and physical properties）；∙（NM 300-2 Safety of toys Part 2: Inflammability）；∙（NM 300-3 Safety of toys Part 3: Migration of Certain Elements）；∙（NM 300-4 Safety of toys Part 4: Safety of toys. Part 4: Chemical Games of experiments and related activities）；∙（NM 300-5 Safety of toys Part 5: Safety of toys. Part 5: Chemical games except games of experiments）；∙（NM 300-6 Safety of toys Part 6: Safety of toys. Part 6: Safety of electric toys）；∙369（The National Institute of Metrology, Standardization and Industrial Quality Administrative Rule 369）。
学院英文名称新
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Engineering农学Agronomy园艺Gardening植物保护Plant Protection草业科学Herbal Science林学Forestry园林Horticulture森林资源保护与游憩Forestry Resource Protection and Recreation动物医学Animal Medicine动物科学Zoology农业资源与环境Agricultural Resources and Environment经济管理学院School of Economics and Management经济学Economics工商管理Business Administration信息管理与信息系统Information Management and Information System市场营销Marketing会计学Accounting电子商务E-Commerce农林经济管理Farming and Forestry Economy Management 教育科学学院School of Education Science教育技术学Educational Technology应用心理学Applied Psychology小学教育Elementary School Education数学计算机学院School of Mathematics and Computer Science数学与应用数学Mathematics and Applied Mathematics信息与计算机科学Information and Computer Science软件工程Software Engineering计算机科学与技术Computer Science and Technology生命科学学院School of Life Sciences生物科学Biological Science生物技术Biotechnology化学化工学院School of Chemistry and Chemical Engineering化学Chemistry应用化学Applied Chemistry化学工程与工艺Chemical Engineering and Technology制药工程Pharmaceutical Engineering材料化学Material Chemistry机械工程学院School of Mechanical Engineering过程装备与控制工程Processing Equipment and Control Engineering机械工程及自动化Mechanical Engineering and Automation交通运输Traffic and Transportation农业机械化及自动化Agricultural Mechanization and Automation音乐学院School of Music音乐学Musicology舞蹈学Dancing体育学院School of Physical Education体育教育Physical Education美术学院School of Art美术学Art艺术设计Artistic Design国际教育学院School of International Education思想政治课教学研究部Department of Moral Education民族预科教育学院Preparatory School for Minority Nationalities 继续教育学院School of Further Education远程教育学院School of Distance Learning高等职业技术学院School of Higher Vocational Technology 新华学院Xinhua School船舶工程学院C o l l e g e o f S h i p b u i l d i n g E n g i n e e r i n g建筑工程学院C o l l e g e o f C i v i l E n g i n e e r i n g动力与能源工程学院C o l l e g e o f P o w e r a n d E n e r g y E n g i n e e r i n g自动化学院 C o l l e g e o f A u t o m a t i o n水声工程学院C o l l e g e o f U n d e r w a t e r A c o u s t i c E n g i n e e r i n g计算机科学与技术学院C o l l e g e o f C o m p u t e r S c i e n c e a n d T e c h n o l o g y机电工程学院C o l l e g e o f M e c h a n i c a l a n d E l e c t r i c a l E n g i n e e r i n g信息与通信工程学院C o l l e g e o f I n f o r m a t i o n a n d C o m m u n i c a t i o n s E n g i n e e r i n g经济管理学院S c h o o l o f E c o n o m i c s a n d M a n a g e m e n t材料科学与化学工程学院C o l l e g e o f M a t e r i a l S c i e n c e a n d C h e m i c a l E n g i n e e r i n g理学院C o l l e g e o f S c i e n c e人文社会科学学院 C o l l e g e o f H u m a n i t i e s a n d S o c i a l S c i e n c e s核科学与技术学院 C o l l e g e o f N u c l e a r S c i e n c e a n d T e c h n o l o g y外语系F o r e i g n L a n g u a g e s D e p a r t m e n t体育军事训练部P h y s i c a l E d u c a t i o n D e p a r t m e n t中文学科、专业名称英文学科、专业名称哲学Philosophy马克思主义哲学Philosophy of Marxism中国哲学Chinese Philosophy外国哲学Foreign Philosophies逻辑学Logic伦理学Ethics美学Aesthetics宗教学Science of Religion科学技术哲学Philosophy of Science and Technology经济学Economics理论经济学Theoretical Economics政治经济学Political Economy经济思想史History of Economic Thought经济史History of Economic西方经济学Western Economics世界经济World Economics人口、资源与环境经济学Population, Resources and Environmental Economics 应用经济学Applied Economics国民经济学National Economics区域经济学Regional Economics财政学（含税收学）Public Finance (including Taxation)金融学（含保险学）Finance (including Insurance)产业经济学Industrial Economics国际贸易学International Trade劳动经济学Labor Economics统计学Statistics数量经济学Quantitative Economics中文学科、专业名称英文学科、专业名称国防经济学National Defense Economics法学Law法学Science of Law法学理论Jurisprudence法律史Legal History宪法学与行政法学Constitutional Law and Administrative Law刑法学Criminal Jurisprudence民商法学(含劳动法学、社会保障法学) Civil Law and Commercial Law (including Science of Labour Law and S cience of Social Security Law )诉讼法学Science of Procedure Laws经济法学Science of Economic Law环境与资源保护法学Science of Environment and Natural Resources Protection Law国际法学(含国际公法学、国际私法学、国际经济法学、) International law (including International Public law, International Private Law and International Economic Law)军事法学Science of Military Law政治学Political Science政治学理论Political Theory中外政治制度Chinese and Foreign Political Institution科学社会主义与国际共产主义运动Scientific Socialism and International Communist Movement中共党史(含党的学说与党的建设) History of the Communist Party of China (including the Doctrine of China Party and Party Building)马克思主义理论与思想政治教育Education of Marxist Theory and Education in Ideology and Politics国际政治学International Politics国际关系学International Relations外交学Diplomacy社会学Sociology社会学Sociology人口学Demography人类学Anthropology民俗学(含中国民间文学) Folklore (including Chinese Folk Literature) 民族学Ethnology民族学Ethnology马克思主义民族理论与政策Marxist Ethnic Theory and Policy中国少数民族经济Chinese Ethnic Economics中国少数民族史Chinese Ethnic History中国少数民族艺术Chinese Ethnic Art教育学Education教育学Education Science教育学原理Educational Principle课程与教学论Curriculum and Teaching Methodology教育史History of Education比较教育学Comparative Education学前教育学Pre-school Education高等教育学Higher Education成人教育学Adult Education职业技术教育学Vocational and Technical Education特殊教育学Special Education教育技术学Education Technology心理学Psychology基础心理学Basic Psychology发展与心理学Developmental and Educational Psychology应用心理学Applied Psychology体育学Science of Physical Culture and Sports体育人文社会学Humane and Sociological Science of Sports运动人体科学Human Movement Science体育教育训练学Theory of Sports Pedagogy and Training民族传统体育学Science of Ethnic Traditional Sports文学Literature中国语言文学Chinese Literature文艺学Theory of Literature and Art语言学及应用语言学Linguistics and Applied Linguistics汉语言文字学Chinese Philology中国古典文献学Study of Chinese Classical Text中国古代文学Ancient Chinese Literature中国现当代文学Modern and Contemporary Chinese Literature中国少数民族语言文学Chinese Ethnic Language andLiterature比较文学与世界文学Comparative Literature and World Literature 外国语言文学Foreign Languages and Literatures英语语言文学English Language and Literature俄语语言文学Russian Language and Literature法语语言文学French Language and Literature德语语言文学German Language and Literature日语语言文学Japanese Language and Literature印度语言文学Indian Language and Literature西班牙语语言文学Spanish Language and Literature阿拉伯语语言文学Arabic Language and Literature欧洲语言文学European Language and Literature亚非语言文学Asian-African Language and Literature外国语言学及应用语言学Linguistics and Applied Linguistics in Foreign Languages新闻传播学Journalism and Communication新闻学Journalism传播学Communication艺术学Art艺术学Art Theory音乐学Music美术学Fine Arts设计艺术学Artistic Design戏剧戏曲学Theater and Chinese Traditional Opera电影学Film广播电视艺术学Radio and television Art舞蹈学Dance历史学History历史学History史学理论及史学史Historical Theories and History of Historical Science 考古学及博物馆学Archaeology and Museology历史地理学Historical Geography历史文献学(含敦煌学、古文字学) Studies of Historical Literature (including Paleography and Studies of Dunhuang)专门史History of Particular Subjects中国古代史Ancient Chinese History中国近现代史Modern and Contemporary Chinese History世界史World History理学Natural Science数学Mathematics基础数学Fundamental Mathematics计算数学Computational Mathematics概率论与数理统计Probability and Mathematical Statistics应用数学Applied Mathematics运筹学与控制论Operational Research and Cybernetics物理学Physics理论物理Theoretical Physics粒子物理与原子核物理Particle Physics and Nuclear Physics原子与分子物理Atomic and Molecular Physics等离子体物理Plasma Physics凝聚态物理Condensed Matter Physics声学Acoustics光学Optics无线电物理Radio Physics化学Chemistry无机化学Inorganic Chemistry分析化学Analytical Chemistry有机化学Organic Chemistry物理化学（含化学物理）Physical Chemistry (including Chemical Physics) 高分子化学与物理Chemistry and Physics of Polymers天文学Astronomy天体物理Astrophysics天体测量与天体力学Astrometry and Celestial Mechanics地理学Geography自然地理学Physical Geography人文地理学Human Geography地图学与地理信息系统Cartography and Geography Information System大气科学Atmospheric Sciences气象学Meteorology大气物理学与大气环境Atmospheric Physics and Atmospheric Environment 海洋科学Marine Sciences物理海洋学Physical Oceanography海洋化学Marine Chemistry海洋生理学Marine Biology海洋地质学Marine Geology地球物理学Geophysics固体地球物理学Solid Earth Physics空间物理学Space Physics地质学Geology矿物学、岩石学、矿床学Mineralogy, Petrology, Mineral Deposit Geology 地球化学Geochemistry古生物学与地层学（含古人类学）Paleontology and Stratigraphy (including Paleoanthropology)构造地质学Structural Geology第四纪地质学Quaternary Geology生物学Biology植物学Botany动物学Zoology生理学Physiology水生生物学Hydrobiology微生物学Microbiology神经生物学Neurobiology遗传学Genetics发育生物学Developmental Biology细胞生物学Cell Biology生物化学与分子生物学Biochemistry and Molecular Biology生物物理学Biophysics生态学Ecology系统科学Systems Science系统理论Systems Theory系统分析与集成Systems Analysis and Integration科学技术史History of Science and Technology工学Engineering力学Mechanics一般力学与力学基础General and Fundamental Mechanics固体力学Solid Mechanics流体力学Fluid Mechanics工程力学Engineering Mechanics机械工程Mechanical Engineering机械制造及其自动化Mechanical Manufacture and Automation机械电子工程Mechatronic Engineering机械设计与理论Mechanical Design and Theory车辆工程Vehicle Engineering光学工程Optical Engineering仪器科学与技术Instrument Science and Technology精密仪器及机械Precision Instrument and Machinery测试计量技术及仪器Measuring and Testing Technologies and Instruments 材料科学与工程Materials Science and Engineering材料物理与化学Materials Physics and Chemistry材料学Materialogy材料加工工程Materials Processing Engineering冶金工程Metallurgical Engineering冶金物理化学Physical Chemistry of Metallurgy钢铁冶金Ferrous Metallurgy有色金属冶金Non-ferrous Metallurgy动力工程及工程热物理Power Engineering and Engineering Thermophysics 工程热物理Engineering Thermophysics热能工程Thermal Power Engineering动力机械及工程Power Machinery and Engineering流体机械及工程Fluid Machinery and Engineering制冷及低温工程Refrigeration and Cryogenic Engineering化工过程机械Chemical Process Equipment电气工程Electrical Engineering电机与电器Electric Machines and Electric Apparatus电力系统及其自动化Power System and its Automation高电压与绝缘技术High Voltage and Insulation Technology电力电子与电力传动Power Electronics and Power Drives电工理论与新技术Theory and New Technology of Electrical Engineering电子科学与技术Electronics Science and Technology物理电子学Physical Electronics电路与系统Circuits and Systems微电子学与固体电子学Microelectronics and Solid State Electronics电磁场与微波技术Electromagnetic Field and Microwave Technology信息与通信工程Information and Communication Engineering通信与信息系统Communication and Information Systems信号与信息处理Signal and Information Processing控制科学与工程Control Science and Engineering控制理论与控制工程Control Theory and Control Engineering检测技术与自动化装置Detection Technology and Automatic Equipment系统工程Systems Engineering模式识别与智能系统Pattern Recognition and Intelligent Systems导航、制导与控制Navigation, Guidance and Control计算机科学与技术Computer Science and Technology计算机软件与理论Computer Software and Theory计算机系统结构Computer Systems Organization计算机应用技术Computer Applied Technology建筑学Architecture建筑历史与理论Architectural History and Theory建筑设计及其理论Architectural Design and Theory城市规划与设计（含风景园林规划与设计）Urban Planning and Design (including Landscape Planning and Design)建筑技术科学Building Technology Science土木工程Civil Engineering岩土工程Geotechnical Engineering结构工程Structural Engineering市政工程Municipal Engineering供热、供燃气、通风及空调工程Heating, Gas Supply, Ventilating and Air Conditioning Engineering防灾减灾工程及防护工程Disaster Prevention and Reduction Engineering and Protective Engineering 桥梁与隧道工程Bridge and Tunnel Engineering水利工程Hydraulic Engineering水文学及水资源Hydrology and Water Resources水力学及河流动力学Hydraulics and River Dynamics水工结构工程Hydraulic Structure Engineering水利水电工程Hydraulic and Hydro-Power Engineering港口、海岸及近海工程Harbor, Coastal and Offshore Engineering测绘科学与技术Surveying and Mapping大地测量学与测量工程Geodesy and Survey Engineering摄影测量与遥感Photogrammetry and Remote Sensing地图制图学与地理信息工程Cartography and Geographic Information Engineering化学工程与技术Chemical Engineering and Technology化学工程Chemical Engineering化学工艺Chemical Technology生物化工Biochemical Engineering应用化学Applied Chemistry工业催化Industrial Catalysis地质资源与地质工程Geological Resources and Geological Engineering矿产普查与勘探Mineral Resource Prospecting and Exploration地球探测与信息技术Geodetection and Information Technology地质工程Geological Engineering矿业工程Mineral Engineering采矿工程Mining Engineering矿物加工工程Mineral Processing Engineering安全技术及工程Safety Technology and Engineering石油与天然气工程Oil and Natural Gas Engineering油气井工程Oil-Gas Well Engineering油气田开发工程Oil-Gas Field Development Engineering油气储运工程Oil-Gas Storage and Transportation Engineering纺织科学与工程Textile Science and Engineering纺织工程Textile Engineering纺织材料与纺织品设计Textile Material and Textiles Design纺织化学与染整工程Textile Chemistry and Dyeing and Finishing Engineering 服装设计与工程Clothing Design and Engineering轻工技术与工程The Light Industry Technology and Engineering制浆造纸工程Pulp and Paper Engineering制糖工程Sugar Engineering发酵工程Fermentation Engineering皮革化学与工程Leather Chemistry and Engineering交通运输工程Communication and Transportation Engineering道路与铁道工程Highway and Railway Engineering交通信息工程及控制Traffic Information Engineering & Control交通运输规划与管理Transportation Planning and Management载运工具运用工程Vehicle Operation Engineering船舶与海洋工程Naval Architecture and Ocean Engineering船舶与海洋结构物设计制造Design and Construction of Naval Architecture and Ocean Structure轮机工程Marine Engine Engineering水声工程Underwater Acoustics Engineering航空宇航科学与技术Aeronautical and Astronautical Science and Technology飞行器设计Flight Vehicle Design航空宇航推进理论与工程Aerospace Propulsion Theory and Engineering航空宇航器制造工程Manufacturing Engineering of Aerospace Vehicle人机与环境工程Man-Machine and Environmental Engineering兵器科学与技术Armament Science and Technology武器系统与运用工程Weapon Systems and Utilization Engineering兵器发射理论与技术Armament Launch Theory and Technology火炮、自动武器与弹药工程Artillery, Automatic Gun and Ammunition Engineering 军事化学与烟火技术Military Chemistry and Pyrotechnics核科学与技术Nuclear Science and Technology核能科学与工程Nuclear Energy Science and Engineering核燃料循环与材料Nuclear Fuel Cycle and Materials核技术及应用Nuclear Technology and Applications辐射防护及环境保护Radiation and Environmental Protection农业工程Agricultural Engineering农业机械化工程Agricultural Mechanization Engineering农业水土工程Agricultural Water-Soil Engineering农业生物环境与能源工程Agricultural Biological Environmental and Energy Engineering农业电气化与自动化Agricultural Electrification and Automation林业工程Forestry Engineering森林工程Forest Engineering木材科学与技术Wood Science and Technology林产化学加工工程Chemical Processing Engineering of Forest Products环境科学与工程Environmental Science and Engineering环境科学Environmental Science环境工程Environmental Engineering生物医学工程Biomedical Engineering食品科学与工程Food Science and Engineering食品科学Food Science粮食、油脂及植物蛋白工程Cereals, Oils and Vegetable Protein Engineering 农产品加工及贮藏工程Processing and Storage of Agriculture Products水产品加工及贮藏工程Processing and Storage of Aquatic Products农学Agriculture作物学Crop Science作物栽培学与耕作学Crop Cultivation and Farming System作物遗传育种学Crop Genetics and Breeding园艺学Horticulture果树学Pomology蔬菜学Olericulture茶学Tea Science农业资源利用学Utilization Science of Agricultural Resources土壤学Soil Science植物营养学Plant Nutrition植物保护学Plant Protection植物病理学Plant Pathology农业昆虫与害虫防治Agricultural Entomology and Pest Control农药学Pesticide Science畜牧学Animal Science动物遗传育种与繁殖Animal Genetics, Breeding and ReproductionScience动物营养与饲料科学Animal Nutrition and Feed Science草业科学Practaculture Science特种经济动物饲养学（含蚕、蜂等）The Rearing of Special-type Economic Animals (including Silkworm, Honeybees, etc.)兽医学Veterinary Medicine基础兽医学Basic Veterinary Medicine预防兽医学Preventive Veterinary Medicine临床兽医学Clinical Veterinary Medicine林学Forestry林木遗传育种学Forest Tree Genetics and Breeding森林培育学Silviculture森林保护学Forest Protection森林经理学Forest Management野生动植物保护与利用Wildlife Conservation and Utilization园林植物与观赏园艺Ornamental Plants and Horticulture水土保持与荒漠化防治Soil and Water Conservation and Desertification Combating水产学Fisheries Science水产养殖学Aquaculture Science捕捞学Fishing Science渔业资源学Science of Fisheries Resources医学Medicine基础医学Basic Medicine人体解剖与组织胚胎学Human Anatomy, Histology and Embryology免疫学Immunology病原生物学Pathogenic Organisms病理学与病理生理学Pathology and Pathophysiology法医学Forensic Medicine放射医学Radiation Medicine航空航天与航海医学Aerospace and Nautical medicine临床医学Clinical Medicine内科学（含心血管病学、血液病学、呼吸系病学、消化系病学、内分泌与代谢病学、肾脏病学、风湿病学、传染病学）Internal medicine (including Cardiology, Hematology, Respiratory, Gastr oenterology, Endocrinology and Metabolism, Nephrology, Rheuma-tology, Infectious Diseases)儿科学Pediatrics老年医学Geriatrics神经病学Neurology精神病与精神卫生学Psychiatry and Mental Health皮肤病与性病学Dermatology and Venereology影像医学与核医学Imaging and Nuclear Medicine临床检验诊断学Clinical Laboratory Diagnostics护理学Nursing外科学（含普通外科学、骨外科学、泌尿外科学、胸心血管外科学、神经外科学、整形外科学、烧伤外科学、野战外科学）Surgery (General Surgery, Orthopedics, Urology, Cardiothoracic Surgery, Neurosurgery, Plastic Surgery, Burn Surgery, Field Surgery)妇产科学Obstetrics and Gynecology眼科学Ophthalmic Specialty耳鼻咽喉科学Otolaryngology肿瘤学Oncology康复医学与理疗学Rehabilitation Medicine & Physical Therapy运动医学Sports Medicine麻醉学Anesthesiology急诊医学Emergency Medicine口腔医学Stomatology口腔基础医学Basic Science of Stomatology口腔临床医学Clinical Science of Stomatology公共卫生与预防医学Public Health and Preventive Medicine流行病与卫生统计学Epidemiology and Health Statistics劳动卫生与环境卫生学Occupational and Environmental Health营养与食品卫生学Nutrition and Food Hygiene儿少卫生与妇幼保健学Maternal, Child and Adolescent Health卫生毒理学Hygiene Toxicology军事预防医学Military Preventive Medicine中医学Chinese Medicine中医基础理论Basic Theories of Chinese Medicine中医临床基础Clinical Foundation of Chinese Medicine中医医史文献History and Literature of Chinese Medicine方剂学Formulas of Chinese Medicine中医诊断学Diagnostics of Chinese Medicine中医内科学Chinese Internal Medicine中医外科学Surgery of Chinese Medicine中医骨伤科学Orthopedics of Chinese Medicine中医妇科学Gynecology of Chinese Medicine中医儿科学Pediatrics of Chinese Medicine中医五官科学Ophthalmology and Otolaryngoloy of Chinese Medicine针灸推拿学Acupuncture and Moxibustion and Tuina of Chinese medicine 民族医学Ethnomedicine中西医结合医学Chinese and Western Integrative Medicine中西医结合基础医学Basic Discipline of Chinese and Western Integrative 中西医结合临床医学Clinical Discipline of Chinese and Western Integrative Medicine药学Pharmaceutical Science药物化学Medicinal Chemistry药剂学Pharmaceutics生药学Pharmacognosy药物分析学Pharmaceutical Analysis微生物与生化药学Microbial and Biochemical Pharmacy药理学Pharmacology中药学Science of Chinese Pharmacology军事学Military Science军事思想学及军事历史学Military Thought and Military History军事思想学Military Thought军事历史学Military History战略学Science of Strategy军事战略学Military Strategy战争动员学War Mobilization战役学Science of Operations联合战役学Joint Operation军种战役学（含第二炮兵战役学）Armed Service Operation (including Operation of Strategic Missile For ce)战术学Science of Tactics合同战术学Combined-Arms Tactics兵种战术学Branch Tactics军队指挥学Science of Command作战指挥学Combat Command军事运筹学Military Operation Research军事通信学Military Communication军事情报学Military Intelligence密码学Cryptography军事教育训练学（含军事体育学）Military Education and Training (including Military Physical Training) 军制学Science of Military System军事组织编制学Military Organizational System军队管理学Military Management军队政治工作学Science of Military Political Work军事后勤学与军事装备学Science of Military Logistics and Military Equipment 军事后勤学Military Logistics后方专业勤务Rear Special Service军事装备学Military Equipment管理学Management Science管理科学与工程Management Science and Engineering工商管理学Science of Business Administration会计学Accounting企业管理学（含财务管理、市场营销学、人力资源管理学）Corporate Management (including Financial Management, Marketing, and H uman Resources Management)旅游管理学Tourist Management技术经济及管理学Technology Economy and Management农林经济管理学Agricultural and Forestry Economics & Management农业经济管理学Agricultural Economics & Management林业经济管理学Forestry Economics & Management公共管理学Science of Public Management行政管理学Administration Management社会医学与卫生事业管理学Social Medicine and Health Management教育经济与管理学Educational Economy and 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The Nature of International Law - Law and Politics
Chapter 1.The Nature of International Law1. The Law of International Political SystemA. Law and PoliticsAccording to Louis Henkin, “law is politics”.1When we want to distinguish law from politics, we may concluded that “law is normative and bindin g, and failure to abide by legal obligations invites legal remedies and brings other legal responses; politics suggests freedom of choice, diplomacy, bargaining, accommodation.”2In fact, however, “the distinction between law and politics is only a part-truth. In a large, deeper sense, law is politics. Law is made by political actors, through political procedures, for political ends. The law that emerges is the resultant of political forces; the influences of law on state behavior are also determined by pol itical forces.”3Although we can not say that international law is international politics, international law is difficult to clearly separate from international politics, especially public international law is more difficult to be distinguished from politics (including international politics and domestic politics). International law is the normative expression of a political system. To appreciate the character of international law and its relation to the international political system, it is helpful to invoke (though with caution) domestic law as an analogue. Domestic (national) law, such as the law of the United States, or of China, is an expression of a domestic political system in a domestic society. A domestic (national) society consists of people, human beings, though in developed societies law has also created artificial juristic persons (e.g., companies, associations). Domestic law is a construct of norms, standards, principles, institutions and procedures that serve the purposes of the society. Law serves, notably, to establish and maintain order and enhance the reliability of expectations; to protect persons, their property and other interests; to promote the welfare of individuals (or of some of them), and to further other societal values----justice, the good life, the good society.Similarly, analogously, international law is the product of its particular “society,” its political system. International law, too, is a construct of norms, standards, principles, institutions and procedures. The purposes of international law, like those of domestic law, are to establish and maintain order and enhance reliable expectations, to 1Lori F. Damrosch, Louis Henkin, Richard Crawford Pugh, Oscar Schachter, Hans Smit, International Law, fourth Edition, p.1.2Lori F. Damrosch, Louis Henkin, Richard Crawford Pugh, Oscar Schachter, Hans Smit, International Law, fourth Edition, p.1.3Lori F. Damrosch, Louis Henkin, Richard Crawford Pugh, Oscar Schachter, Hans Smit, International Law, fourth Edition, p.1.protect “persons”----special “persons,” (the subjects of international law, which includes sovereign countries, international organizations, and the nations which are striving for their independence and sovereignty. Some people think that individual also can be the subject of international law.) their property and other interests, to further other values. But the constituency of the international society is different. The “persons” constituting international society are not individual human beings but political entities, “states” and the society is an inter-state system, a system of states. Notes:1. In the lecture delivered in 1989, Henkin described the international political system, flatly, as “an inter-State system, a system of States”. In the new century his characterization of the system might be somewhat less flat.2. The new century is welcomed by a political system of nearly 200 states, but other actors have become prominent and have clearly diluted the impression of states exclusivity. Particularly in the age of globalization, multinational companies have multiplied and grown in power and influence, have presented a challenge to state exclusivity and “sovereignty”, have earned a place in the process of making international law, and have influenced the subject matter and content of the law, and the means of implementing and enforcing law. Non-governmental Organizations (NGOs) have joined the process of promoting and implementing law in various fields, notably human rights. Individuals also have attained a status where they may enjoy rights and incur some responsibilities directly under international law, rather than indirectly through states. But states remain “basic constituent entities”and international law continues to be described and characterized as the law of “the states system,”“inter-state” law, long ago renamed “international” law.B. The International System and the Changing Dimensions of SovereigntyAny inquiry into the character and development of international law must take into account the character of international society and of the law at given times. In the international system of states, as in domestic counterparts, politics will turn to law to achieve desired ends and to promote the values of its members. Different actors, faced with different problems at different times, may desire different objectives; and both politics and the law will differ as well. To cite several examples, both law and society looked different after the Peace of Westphalia established the modern secular states and the society of such states; after the birth of international institutions, mostly since 1918; after the United Nations Charter and the advent of nuclear weapons; after the end of colonialism and the consequent proliferation of nation-states; after globalization and a revised world order, and with increasing resort to international “humanitarian intervention” at the turn of the millennium. International society (and international law) looked different during the Cold War and after it ended.One value common to international and domestic systems throughout political history has been maintaining orderly relations among members. International law fosters the security andautonomy of states, paramount values in a “liberal” system of states; to that end, the law prohibits the threat or use of force by any state against the territorial integrity or political independence of any other state. Increasingly, the law has pursued those values through intergovernmental organizations and collective action. International institutions and collective action are instruments also for enhancing cooperation in areas of interdependence such as international environmental protection and in trade, finance, and other economic matters. For more than a half of a century, the international system has shown commitment to values that transcend purely “state values,”notably to human rights, and has developed an impressive corpus of international human rights law. These changing values and new means for promoting them inevitably influence the traditional axioms and assumptions of the state system. Most notably, the axiomatic characteristic of statehood, has been increasingly challenged as outdated and exaggerated.States and their “sovereignty”An international (inter-state) system assumes a conception and a definition of a state; the Peace of Westphalia (1648) confirmed that conception. What is a state, and which entities having which characteristics are properly seen as states, have normally not been matters of doubt or of dispute. Other states knew a state when they “saw” and dealt with it (more precisely, when they dealt with the government that presents the state). Extraordinarily, definitions of a state and an articulation of its characteristics become a matter of political interest and controversy.It has been an assumption of the international political system that states are “sovereign,”though there was sometimes confusion as to whether sovereignty was a characteristic, an implication, a consequence, or a definition of statehood. If an entity was a state, as defined, it had the attributes of “sovereignty.” Or, if a state had the characteristics that define a state (a defined territory, a government in control, a permanent population, the capacity to participate in diplomatic relations), it had the resultant attributes of statehood, principally those subsumed in “sovereignty.”Increasingly, however, the scope and significance, and the values, of state sovereignty have come into question. Challenges to the concept of sovereignty became common a half-century ago but it has been insisted on by states and their governments and was defended by eminent authority. In recent years, with globalization, the world market, cyberspace, and the human rights movement, the challenges have grown more frequent and more insistent.Some Individual Opinions on State Sovereignty1. Some jurists have proposed to abolish the notion of sovereignty of States, considering it obsolete. That is an error. This notion has its foundation in national sentiment and in the psychology of the peoples, in fact it is very deeply rooted. The constituent instrument of the International Organization (the United Nations Charter) has especially recognized the sovereignty of States and has endeavored to bring it into harmony with the objects of that Organization (No.1 of Art. 2).This notion has evolved, and we must now adopt a conception of it which will be in harmony with the new conditions of social life. We can no longer regard sovereignty as an absolute and individual right of every state, as used to be done under the old law founded on the individualist regime, according to which State were only bound by the rules which they had accepted. Today, owing to social interdependence and to the predominance of the general interest, the States are bound by many rules which have not been ordered by their will. The sovereignty of States has now become an institution, an international social function of a psychological character, which has to be exercised in accordance with the new international law.2. States are commonly described as “sovereign,” and “sovereignty” is commonly noted as an implicit, axiomatic characteristic of statehood. The pervasiveness of that term is unfortunate mistake. Sovereignty is a bad word, not only because it has served terrible national mythologies; in international relations, and even in international law, it is often a catchword, a substitute for thinking and precision. It means many things, some essential, some significant; some agreed, some controversial; some that are not warranted and should not be accepted. Once there was serious debate as to whether there is, or should be, a law of nations since, it was argued, a sovereign state can not be subject to any other authority, even to agreements of its own making or to law which it helped make or to which it consented. If today such agreements are no longer heard, states continue to argue that certain kinds of law or agreements, certain kinds of institutions, are impossible or inappropriate for ”sovereign states,” inconsistent with their sovereignty.。
法律与政治关系的几种理论学说述评
法律与政治关系的几种理论学说述评[摘要]自国家产生以后，法律与政治之间就形成了十分复杂的联系。
古往今来，关于法律与政治关系的论述数不胜数，学界观点各异。
将法律与政治混为一谈自然是一种错误的进路，但离开政治权力而谈论法律，在多数情况下则不过是乌托邦的法律理论。
比如：“逻辑联结说”、“共生说”等。
哈贝马斯基于其社会理论，提出了法律与政治之间的构成性联系的观点，带领我们走出了以往要么把法律与政治混同，要么把法律与政治相对立、相分离的理论圈子，打破了传统并成功地解决了这一理论难题。
[关键词]逻辑联结；共生；欲拒还迎；关系模型；构成性联系法律是国家创制并保证实施的以实现一定的社会自由与社会责任的统一为目的的一种特殊的社会规范。
政治是阶级社会里各社会利益集团为实现自身利益而以谋求、行使政治权力为直接目的的控制和调整社会的活动。
在人类社会的任何时期，法律和政治都构成了社会发展的主题。
在当代，“民主政治”的国家也必然是一个法治国家、国家权力、政治统治是建立在法律调控下的规则治理，对政治文明的诉求则反映了国家在积极寻求亚里士多德倡导的良法之治的思想。
如何定位法律与政治的关系，显然成为任何一个标榜为民主政治的国家都必须面对的问题。
关于法律与政治的关系的论述颇多，学界观点各异。
一、国内几种有关法律与政治的关系的学说法律与政治的关系是一个历史的动态发展变化过程。
在古代中世纪时期，法律从属于政治是普遍现象，但近现代以来，政治服从于法律逐步占据了主导地位。
用塞尔兹尼克和诺内特的话说，前一时期的法律是“压制型法”，①后一时期的法律是“自治型法”。
②国内关于法律与政治的关系的研究及论述颇多，比如“工具说”、“联系说”、“区别说”、“逻辑联结说”、“共生说”、“平衡说”、“平行说”等。
（一）工具说工具说认为，法律是统治阶级进行政治统治的手段，以政治为指导，为政治服务。
具体而言：第一，政治和法律都是社会上层建筑的组成部分，但政治比法律涉及的范围广泛。
政法的英文及参考例句
政法的英文及参考例句
政法的英文及参考例句
政法的英文：
politics and law
参考例句：
The army,armed police and procuratorial,judicial and public security organs have severed their ties with enterprises 军队、武警部队、政法机关与企业脱钩politics是意思：
n. 政治，政治学；政纲；政见；经营，管理；政治活动
My politics are pure politics.
我搞的政治活动是清白的`政治活动。
a political backlash
政治上的强烈反应 [抵制] They are politically in line.
他们在政治上意见一致。
political detainee
因政治被拘留者；政治拘留犯 political polling
政治性民意测验 law是什么意思：
n. 法律；法规；法学；定律
the spirit of the law.
法律的实质 It is a law of creation.
这是一条宇宙万物的法则。
juggle with the law
歪曲法律 Law makers should not be law Breakers
正人先正己Civil law is different to criminal law.
民法与刑法是不同的。
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Ethics,PoliticsandtheLaw《NewYorkTimes》
Ethics,PoliticsandtheLaw《NewYorkTimes》Ethics, Politics and the LawThe ethical judgments of the Supreme Court justices became an important issue in the just completed term. The court cannot maintain its legitimacy as guardian of the rule of law when justices behave like politicians. Yet, in several instances, justices acted in ways that weakened the court’s reputation for being independent and impartial.Justices Antonin Scalia and Samuel Alito Jr., for example, appeared at political events. That kind of activity makes it less likely that the c ourt’s decisions will be accepted as nonpartisan judgments. Part of the problem is that the justices are not bound by an ethics code. At the very least, the court should make itself subject to the code of conduct that applies to the rest of the federal judiciary.Among the court’s 82 rulings this term, 16 were 5-to-4 decisions. Of those, 10 were split along ideological lines, with Justice Anthony Kennedy supplying the fifth conservative vote. These rulings reveal the court’s fundamental inclination to the r ight, with the conservative majority further expanding the ability of the wealthy to prevailin electoral politics and the prerogatives of businesses against the interests of consumers and workers.It struck down public matching funds in Arizona’s campaign finance system, showing again a contempt for laws that provide some balance to the unlimited amounts of money flooding the political system.It made it much harder for private lawsuits to succeed against mutual fund malefactors, even when they have admittedto lying and cheating.It tore down the ability of citizens to hold prosecutors’ offices accountable for failing to train their lawyers, even when prosecutors hide exculpatory evidence and send innocent people to prison.It issued a devastating blow to consumer rights by upholding the arbitration clause in AT&T’s customer agreement, which required the signer to waive the right to take part in a class action.Finally, in the complex Wal-Mart case, the conservative majority, going beyond the particular issues in that case, made it substantially more difficult for class-action suits in all manner of cases to move forward.These and other decisions raise the question of whether there is still a line between the court and politics, an issue since the Republican-led Rehnquist court decided Bush v. Gore in 2000, though the federal judiciary’s shift to the right has been happening since the administration of Ronald Reagan.The framers of the Constitution envisioned law as having authority apart from politics. They gave justices life tenure so they would be free to upset the powerful and have no need to cultivate political support. Our legal system was designed to set law apart from politics precisely because they are so closely tied.Constitutional law is political because it results from choices rooted in fundamental social concepts like liberty and property. When the court deals with social policy decisions, the law it shapes is inescapably political —which is why decisions split along ideological lines are so easily dismissed as partisan.The justices must address doubts about the court’s legitimacy by making themselves accountable to the code of conduct. That would make their rulings more likely to be seen asseparate from politics and, as a result, convincing as law.。
4 环境分析与理性决策
SWOT 分析是最常用的内外部环境综合分析技术，是由哈佛大学的安德 鲁斯等人提出的一种分析方法。
二、环境分析的常用方法
（四）针对环境变化的分析方法——情境分析法
在环境分析中，一种或一组情况也可被称为一个脚本；在组织各项决策 中，一个脚本就是一个决策方案。显然，决策方案以环境脚本为基础，即先 形成环境脚本，再根据环境脚本形成决策方案。
境因素就是组织的一部分。
物力资 源环境
人力资 源环境
财力资 源环境
信仰、 价值观
成员行 为方式
准则
物质环境
文化环境
一、环境分类
（四）环境各层次间的关系 一般环境的改变对组织的影响往往是通过具体环境对组织产生作用
力表现出来的。在组织管理中，一般环境和具体环境是相对的。一般环 境和具体环境还可以相互转化。
第三节 决策方法
一、决策背景研究方法
（一）决策背景的性质分析 决策背景具有不稳定性，并对决策工作产生复杂的影响，给决策者认知
、适应和改变环境带来困难。
决策背景具有复 杂性
决策背景具有整 体性和综合性
决策背景具有动 荡性
决策背景 不稳定性
一、决策背景研究方法
（二）决策背景的不确定性模型
在决策背景的各种性质和特点中，核心是环境中蕴含的高度不确定性。
第四章 环境分析与理性决策
第一节 组织的内外部环境要素
组织活动是在一定环境中进行的，组织活动方 向的选择以及过程的展开都要充分考虑到既定环 境的特点。环境的复杂与动态特点以及人的认知 与行动能力的局限性决定了组织决策的理性与正 确程度会受到一定的限制。
本章旨在通过对环境结构及其要素的讨论，分 析理性决策的要求与限制，探讨提高决策理性以 及正确程度的方法。
英语国家社会与文化重点术语
英语国家社会与文化重点术语1. British Monarchy：英国君主制，指的是英国的君主制政府体制。
2. House of Commons：下议院，指的是英国主要立法机关之一，也是英国议会的两个部分之一。
3. House of Lords：上议院，指的是英国另外一个主要立法机关，也是英国议会的两个部分之一。
4. Prime Minister：首相，指的是英国执政党领导人，是英国内阁的首脑和政府的领导者。
5. Cabinet：内阁，指的是由首相挑选的政府部长组成的政府机构，决定英国政府的政策和行动。
6. Queen’s Speech：女王演讲，每年在英国的议会开幕时，由女王亲自发表的演讲。
7. Politics：政治，指的是社会维护社会稳定，调节社会关系，实现社会发展的活动过程。
8. Parliament：英国议会，是讨论和决定英国国家政策的高级立法机构，也是英国政府的最高权力机构。
9. Law：法律，规范国家内外秩序、保障国家和民族利益和权利的检测过程。
10. Constitution：宪法，是一国的政权体系以及公民权利和义务的根本法。
11. Human Rights：人权，指人们在代表国家的政府的保护下，享有的一系列的权利和自由。
12. Freedom of Expression：言论自由，指人民可以自由地表达自己的想法，不受任何形式压制。
13. National Identity：国家认同，指共同体中具有特定文化、语言、信仰等共同性的独特性，共同为国家特定历史、凝聚力和竞争力而努力。
14. Diversity：多样性，指的是不同文化、不同宗教、不同背景和不同选择等等，都在一起被尊重、受到容纳、并互相影响。
15. Multiculturalism：多元文化，指的是一个社会中的多种文化，有存在的多样性的社会。
16. Immigration：移民，指的是一个国家的人口在短时间内有显著的增长，或者将永久定居于其他国家的行为。
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Legal profession.
•The English legal profession is divided into 2 branches: •Barristers •Solicitors •Barristers are known as the bar and counsel. •Solicitors all have passed the qualification exam given by the law society. •Barristers are members of one of the 4 inns of court in London. and pass the bar exam and law courts are based on the three tier system: •Magistrates'’ courts •County courts •Supreme court •The final court of appeals for both civil and criminal cases is the house of lords. •Magistrates; courts are known as police courts, petty sessions, or courts of summary jurisdiction.
POLITICAL PARTIES Political parties in U.K. are granted equal treatment by law • Politics in Britain is based on a two-party system. • Parliament is dominated by one or the other of the 2 most important parties , which are known as the major parties. (conservative party & labor party) • Small parties are called minor parties. They have no chance to organize the government. • the history of political parties in Britain must date back to late 17th century, then 2 political parties were founded . Whigs / Tories. • during the mig-i9th century , the Tories got a new name and became known as the conservative party.
• In the united kingdom, political parties control politics. • Nationwide general elections are held every 5 years to elect prime minister and members of Parliament,
Police force
•The English police force is said to have been founded by sir Robert peel, prim minister under king William Ⅳ.
Justice and law
•Britain doesn’t have a single document called the written constitution, the English law comprises 3 elements: • Acts of parliament •Common law •European union law •The British legal system relies on common law. •Common law is known as judger-made law. •All acts passed by parliament are regarded as laws in Britain.