法官和书记员面试专业知识模拟题

1．请你谈谈人民法院的基本组织结构。

解析：人民法院的组织结构可以从两个角度来看。

第一，从全国法院系统来看，我国实行的四级两审终审制，四级法院分别是最高人民法院、高级人民法院、中级人民法院和基层法院。最高人民法院是我国所有案件的终审法院，高级人民法院设在省一级，中级人民法院设地级市（或设区的市）一级，基层法院设在区县所在地。除此之外，我国还设有解放军军事法院和海事法院，以及铁路运输法院等专门法院。

第二，从法院系统内部来看，一个法院内部包括审判业务部门和非审判业务部门。审判业务部门包括立案庭、行政审判庭、民事审判庭、刑事审判庭、审判监督庭和执行庭；非审判业务部门包括行装处、政治处、研究室、司法警察处、纪检监察处和办公室等部门。

2．调解在化解民事纠纷中发挥了很大的作用，现在有些法院将案件调解率作为法官审判工作考核的指标，你对此怎么看？

解析：调解作为一种解决纠纷的方式，由于其自身具有的相互理解、非对抗性的特点、在民事审判活动中发挥了重要的作用。尤其是我国目前在社会快速发展，案件数量大量增长的情况下，通过调解等多元化的纠纷解决方式来化解社会矛盾是一种不错的选择。

不过，我们同时也要注意到，调解是具有其自身要求，只有在可以进行调解的情况下法官才可能运用调解的方式，考虑到有些案件的特殊性，比如家庭暴力案件，在很多情况下都是建议不采用调解的方式。法官在审判活动中是否调解是由案件本身的性质和案件双方当事人的意愿决定的。

因此，法院将案件调解率作为法官审判工作考核的指标并不科学，它可能会导致法官为了在工作考核中获得肯定，盲目地进行调解，最终导致该调的调，不该调的也调，结果必然是当事人不服，损害当事人的利益。

3．在学习“三个至上原则”的过程中，有人认为不可能同时存在三个最高的原则，三者是冲突的，你是否同意他们的看法，为什么？

解析：三个至上指的是党的事业至上、人民利益至上、宪法法律至上，这是政法工作中应坚持的重要指导思想。三个至上原则充分体现了中国特色社会主义司法制度政治性、人民性、法律性的统一。人民利益是党的事业的根本，宪法法律是党的主人民意志的体现。党的事业、人民利益、宪法法律是高度统一、不可分割的整体。

我们所说的三个至上关系到事业、利益和规范三个方面。就事业来说，具体组织的事业、个人的事业应该服从于党的事业；就利益来说，具体集体的利益、个人的利益应该服从人民的利益；就规范来说，任何规范包括什么道德、宗教、纪律的规范都必须服从宪法法律规范。事业、利益、规范三个方面的三个至上分别而相关地成立。它们各自在某一个范畴是至上的，因此并不存在矛盾。

实践中有人认为三个至上是矛盾的说法是错误的，这完全是他们对三个至上的误解，没有认清三个至上是三个方面的至上。这给我们的启示是，在工作中，党的事业是政法工作的政治原则，人民利益至上是政法工作的终极目标，宪法法律至上是政法工作的行动指南。三个至上不可相互取代，更不能用一个至上取代另一个至上。

4 如果你作为一个法官，你在具体的法律适用中遇到价值冲突的时候，你怎么去处理。 解析：由于立法不可能穷尽社会生活的一切形态，在个案中更可能因为特殊情形的存在而使得价值冲突难以避免，因而必须形成相关的平衡价值冲突的规则。主要原则有：

（1）价值位阶原则：这是指在不同位阶的法的价值发生冲突时，在先的价值优于在后的价值。 a、一般而言，自由代表了人的最本质的人性需要，它是法的价值的顶端；

b、正义是自由的价值外化，它成为自由之下制约其他价值的法律标准；

c、秩序表现为实现自由、正义的社会状态，必须接受自由、正义标准的约束。

（2）个案平衡原则：这是指在处于同一位阶的法的价值之间发生冲突时，必须综合考虑主体之间的特定情形、需求和利益，以使得个案的解决能够适当兼顾双方的利益。

(3)比例原则：即使某种价值的实现必须以其他价值的损害为代价，也应当使被损害的价值减低到最小限度。

秩序是基本的价值，一个社会最基本的要求是有秩序的状态，没有稳定的社会秩序，其他的价值也就无法实现。正义是最高的价值，法所追求的最崇高的目标所说要实现社会的公平和正义。但是这些位界不是绝对的，法律实现这些价值目标的时候，要根据当时的实际情况来确定到底应选择什么价值作为优先考虑的。而且这几种法律价值之间仍然可能存在着冲突和矛盾，主要表现为秩序与自由、效率与公平（正义）的冲突，法律在运作过程中虽然不可能完全消解这些冲突，但是可以尽量缓解这些矛盾，使得这些冲突减少甚至达到一定状态的协调和平衡，这也是立法者和执法者共同的任务，是法律所追求的理想目标。

第二篇：事业单位考试英语专业科目知识模拟试卷及参考答案

事业单位考试英语专业科目知识模拟试卷及参考答案

Part Ⅲ. Reading Comprehension( 每小提1.5分。共30分)

Passage:Britain almost more than any other country in the world must seriously face the problem of building upwards, that is to say, of accommodating a considerable proportion of its population in high blocks of flats. It is said that the English man objects to this type of existence, but if the case is such, he does in fact differ from the inhabitants of most countries of the world today. In the past our own blocks of flats have been associated with the lower-income groups and they have lacked the obvious provisions, such as central heating constant hot water supply, electrically operated lifts from top to bottom ,and so on, as well as such details , important notwithstanding, as easy facilities for disposal of dust and rubbish ad storage places for baby carriages in the ground floor, playgrounds for children on the top of the buildings, and drying grounds for washing. It is likely that the dispute regarding flats versus individual houses will continue to rage on for a long time as far as Britain is concerned. And it is unfortunate that there should be hot feelings on both sides whenever this subject is raised. Those who oppose the building of flats base their case primarily on the assumption that everyone prefers an individual home and garden and on the high cost per unit of accommodation. The latter ignores the higher cost of providing full services to a scattered community and the cost in both money and time of the journeys to work for the suburban resident.

71. We can infer from the passage that .

A. English people, like most people in other countries, dislike living in flats

B. people in most countries of the world today are not opposed to living in flats

C. people in Britain are forced to move into high blocks of flats

D. modern flats still fail to provide the necessary facilities for living 1

72. What is said about blocks of flats built in the past in Britain?

A. They were mostly inhabited by people who did not earn much

B. They were usually not large enough to accommodate big families

C. They were sold to people before necessary facilities were installed.

D. They provided playgrounds for children on the top of the buildings.

73. The word ―rage‖(Line 11) means .

A. be ignored

B. develop with great force

C. encourage people greatly

D. be in fashion

74. Some people oppose the building of flats because .

A. the living expenses for each individual family are higher

B. it involves higher cost compared with the building of houses

C. they believe people like to live in houses with gardens

D. the disposal of rubbish remains a problem for those living in flats

75. The author mentions that people who live in suburban houses .

A. do not have access to easy facilities because they live away from the city

B. have to pay a lot of money to employ to do service work

C. take longer time to know each other because they are a scattered community

D. have to spend more money and time traveling to work every day Questions 76 to 80 are based on the following passage:

The fridge is considered a necessity. It has been so since the 1960s when packaged food first appeared with the label: ―store in the refrigerator.‖

In my fridgeless fifties childhood, I was fed well and healthily. The milkman came daily, the grocer, the butcher, the baker, and the ice-cream man delivered two or three times a week. The Sunday meat would last 2

until Wednesday and surplus bread and mile became all kinds of cakes. Nothing was wasted, and we were never troubled by rotten food. Thirty years on food deliveries have ceased, fresh vegetables are almost unobtainable in the country.

The invention of the fridge contributed comparatively little to the art of food preservation. A vast way of well-tried techniques already existed—natural cooling, drying, smoking salting, sugaring, bottling…

What refrigeration did promote was marketing----marketing hardware and electricity, making soft drinks, marketing dead bodies of animals around the globe in search of a good price.

Consequently, most of the world’s fridge are to be found, not in the tropics where they might prove useful, but in the wealthy countries with mild temperatures where they are climatically almost unnecessary. Every winter, millions of fridges hum away continuously, and at vast expense, busily maintaining an artificially-cooled space inside an artificially-heated house-while outside, nature provides the desired temperature free of charge.

The fridge’s effect upon the environment has been evident, while its contribution to human happiness has been insignificant. If you don’t believe me, try it yourself, invest in a food cabinet and turn off your fridge next winter. You may miss the hamburgers, but at least you’ll get rid of that terrible hum.

76. The statement ― In my fridgeless fifties childhood, I was fed well and healthily.‖ ( Line 1, Para. 2) .

A. the author was well-fed and healthy even without a fridge in his fifties

B. the author was not accustomed to use fridge even in his fifties

C. there was no fridge in the author’s Home in the 1950s.

D.the fridge was in its early stage of development in the 1950s.

77.why does the author way that nothing was wasted before the invention of fridges?

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A. People would not buy more food than was necessary.

B. Food was delivered to people two or three times a week.

C. Food was sold fresh and did not get rotten easily.

D. People had effective ways to preserve their food.

78.Who benefited the least from fridges according to the author?7

A. Inventors.

B. Consumers.

C. Manufacturers

D. Traveling salesmen.

79.Which of the following phrases in the fifth paragraph indicates the fridge’s negative effect on the environment?

A.‖Hum away continuously‖

B.‖Climatically almost unnecessary‖

C.‖Artificially-cooled space‖

D.‖With mild temperatures‖

80.What is the author’s overall attitude toward fridges?

A. Neutral

B. Critical

C. Objective

D. Compromising

Question 81 to 85 are based on the following passage:

If you want to stay young , sit down and have a good think .This is the research finding of a team of Japanese doctors ,who say that most of our brains are not getting enough exercise—and as a result , we are ageing unnecessarily soon.

Professor Taiju Matsuzawa wanted to find out why otherwise healthy farmers in northern Japan appeared to be losing their ability to think and reason at a relatively early age , and how the process of ageing could slowed down.

With a team of colleagues at Tokyo National University, he set about measuring brain volumes of a thousand people of different ages and 4

varying occupations .

Computer technology enabled the researchers to obtain precise measurements of the volume of the front and side sections of the brain , which relate to intellect and emotion , and determine the human character . (The rear section of the brain , which controls functions like eating and breathing , does not contract with age , and one can continue living without intellectual on emotional faculties or functions).

Contraction of front and side parts as cells die off – was observed in some subjects in their thirties , but it was still not evident in some sixty – and seventy-year-olds.

Matsuzaswa concluded from his tests that there is a simple remedy to the contraction normally associated with age –using the head .

The findings show in general terms that contraction of the brain begins sooner in people in the country than in the towns. Those least at risk , says Matsuzawa , are lawyers , followed by university professors and doctors . White collar workers doing routine work in government offices are , however , as likely to have shrinking brains as the farm worker , bus driver and shop assistant .

Matsozawa’s findings show that thinking can prevent the brain from shrinking . Blood must circulate properly in the head to supply the fresh oxygen the brain cells need .‖The best way to maintain good blood circulation is through using the brain , ―he says . ―Think hard and engage in conversation . Don’t rely on pocket calculators .‖

81.The team of doctors wanted to find out :

A. why certain people are sooner than others

B. how to make people live longer

C. the size of certain people’s brains

D. which people are most intelligent

82.On what ate their research findings based?

A.A survey of farmers in northern Japan.

B.Tests performed on a thousand old people.

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C.Study of brain volumes of different people.

D.The latest development of computer technology.

83.The doctor’s tests show that :

A. our brains shrink as we grow older

B. the front section of the brain does not shrink

C. sixty-year-olds have better brains than thirty-year-olds

D. some people’s brains have contracted more than other people’s

84.The word ― subjects ― in paragraph 5 means:

A. something to be considered

B. branches of knowledge studied

C. persons chosen to be studied in an experiment

D. any member of a state except the supreme ruler

85.According to the passage , which people seem to age slower than the others.

A. Lawyers

B. Farmers.

C. Clerks.

D. Shop assistants

Question 86 to 90 are based on the following passage:

When we think of creative people the names that probably spring to mind are those of men such as Leonardo da Vinci, Albert Einstein , and Pablo Picasso , i.e. , great artists ,inventors and scientists – a select and exceptionally gifted body of men with rare talent and genius . The tendency to regard creativity and imaginative thinking as the exclusive province of a lucky few disregards the creative and imaginative aspects inherent in the solution of many of the tasks we regularly have to face ---the discovery and development of new methods and techniques , the improvement of old methods ,existing inventions and products .

Everyone has creative ability to some extent . Creative thinking involves posingoneself a problem and then originating or inventing a solution along new and unconventional lines . It involves drawing new 6

analogies , discovering new combinations , and/or new application of things that a creative person will exhibit great intellectual curiosity and imagination .He will be alert and observant with a great store of information which he will be able to sort out and combine , in the solution of problems . He will be emotionally receptive to new and unconventional ideas and will be less interested in facts than in their implications . Most important of all , he will be less interested in facts than in their implications . Most important of all ,he will be able to communicate uninhibitedly and will not be too concerned about other people’s reaction to his own theme .

86.The author believes that creative thinking:

A. is only possessed by great artists

B. requires rare talent and genius

C. is needed in the solution of many problems

D. belongs to s lucky few

87.In order to solve scientific problems , people:

A. should not be afraid of what others think

B. should be mad or crazy

C. must possess crazy notions

D. should have inhibitions

88.Creative thinking involves:

A. drawing new pictures of old things

B. observing the actions of great people

C. finding the problem and originating a solution

D. discovering new emotions

89.A creative person must look at facts

A. for their face-value

B. for what they imply

C. and remember them

D. which are less interesting

90.In this passage ,the word ― unconventional ‖ means:

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A. not ordinary

B. not political

C. unacceptable

D. not creative

【参考答案】

三、阅读理解题

71、B 72、A 73、B 74、C 75、D 76、C 77、D 78、B 79、A 80、

B 81、A

82、C 83、D 84、C 85、A 86、C 87、A 88、A 89、B 90、A 91、

A 92、A

93、B 94、B 95、B 96、C 97、A 98、B 99、C 100、D

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