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1、2022-2023年考博英语-武汉大学模拟考试题（含答案解析）1. 不定项选择题Justice in society must include both a fair trial to the accused and the selection of an appropriate punishment for those proven guilty. Because justice is regarded as one form of equality, we find in its earlier expression the idea of a punishment equal to th
2、e crime. Recorded in the Old Testament is the expression: “an eye for an eye, and a tooth for a tooth.” That is, the individual who has done wrong has committed an offence against society. To make up for his offence, society must get even. This can be done only by doing an equal injury to him. This
3、conception of retributive justice is reflected in many parts of the legal documents and procedures of modern times. It is illustrated when we demand the death penalty for a person who had committed murder. This philosophy of punishment was supported by the German idealist Hegel. He believed that soc
4、iety owed it to the criminal to give a punishment equal to the crime he had committed. The criminal had by his own actions denied his true self and it is necessary to do something that will counteract this denial and restore the self that has been denied. To the murderer nothing less than giving up
5、his own will pay his debt. The demand of the death penalty is a right the state owes the criminal and it should not deny him his due.Modern jurists have tried to replace retributive justice with the notion of corrective justice. The aim of the latter is not to abandon the concept of equality but to
6、find a more adequate way to express it. It tries to preserve the idea of equal opportunity for each individual to realize the best that is in him. The criminal is regarded as being socially ill and in need of treatment that will enable him to become a normal member of society. Before a treatment can
7、 be administered, the causes of his antisocial behavior must be found. If the cause can be removed, provisions must be made to have this done.Only those criminals who are incurable should be permanently separated from the rest of the society. This does not mean that criminals will escape punishment
8、or be quickly returned to take up careers of crime. It means that justice is to heal the individual, not simply to get even with him. If severe punishment is the only adequate means for accompanying this, it should be administered. However, the individual should be given every opportunity to assume
9、a normal place in society. His conviction of crime must not deprive him of the opportunity to make his way in the society of which he is a part.1.The best title for this passage is（ ）.2.The passage implies that the basic difference between retributive justice and corrective justice is the（ ） .3.The
10、punishment that would be most inconsistent with the views of corrective justice would be（ ） .4.The Biblical expression “an eye for an eye, and a tooth for a tooth” was presented in order to（ ）.问题1选项A.Fitting Punishment to the CrimeB.Approaches to Just PunishmentC.Improvement in Legal JusticeD.Attain
11、ing Justice in the Courts问题2选项A.type of crime that was provenB.severity of the punishmentC.reason for the sentenceD.outcome of the trial问题3选项A.forced labourB.imprisonmentC.fair sentenceD.the electric chair问题4选项A.prove that equality demands just punishmentB.justify the need for punishment as a part o
12、f lawC.give moral back to retributive justiceD.show that man has long been interested in justice【答案】第1题:B第2题:C第3题:D第4题:D【解析】第1题:1.【选项释义】1. The best title for this passage is _. 1. 这篇文章最好的题目是_。A. Fitting Punishment to the Crime A. 对罪行的适当惩罚B. Approaches to Just Punishment B. 公正惩罚的方法C. Improvement in L
13、egal Justice C. 加强司法公正D. Attaining Justice in the Courts D. 在法庭上获得公正【考查点】主旨大意题。【解题思路】首先定位文章段落中心句，第一段首句“社会的正义必须包括对被告的公平审判和对被证明有罪的人选择适当的惩罚”，第二段首句“现代法学家试图用纠正正义的概念来取代报应正义”以及第三段首句“只有那些无法治愈的罪犯才应该与社会的其他部分永久隔离”；然后，文章的行文结构是总分结构，也就是说第一段中心句为文章的主旨，即公正惩罚的途径，所以B项“公正惩罚的方法”符合文章主旨。【干扰项排除】A项“对罪行的适当惩罚”、C项“加强司法公正”和D项“在
14、法庭上获得公正”都是以偏概全。第2题:2.【选项释义】2. The passage implies that the basic difference between retributive justice and corrective justice is the _. 2. 这篇文章暗示了报应正义和纠正正义的根本区别是_。A. type of crime that was proven A. 被证实的犯罪类型B. severity of the punishment B. 惩罚的严厉程度C. reason for the sentence C. 判刑的原因D. outcome of the
15、 trial D. 审判的结果【考查点】推理判断题。【解题思路】根据关键词retributive justice和corrective justice定位至文章第二段，第二和第三句提到“后者（纠正正义）的目的不是要放弃平等的概念，而是要找到一种更适当的方式来表达它。它试图保持这样一种理念（It tries to preserve the idea），即每个人都有平等的机会去实现自己最好的一面。”，从中可知，两种司法审判类型不同的根本原因在于司法理念的不同，所以两者之间最主要的差异应该是判刑的原因。故该题选择C项正确。【干扰项排除】A项“被证实的犯罪类型”和D项“审判的结果”没有提及，无中生有；B项“惩罚的严厉程度”是德国唯心主义者黑格尔的观点，与题干无关，张冠李戴。第3题:3.【选项释义】3. The punishment that would be most inconsistent with the views of corrective justice would be _. 3. 最不符合纠正正义观点的惩罚是_。A. forced labor A. 强迫劳动B. imprisonment B. 监禁C. fair sentence C. 公平判决D. the electric chair D. 电椅【考查点】推理判断题。【
