武漢大學 2015年博士學位研究生外語綜合水平考試試題

武漢大學

2015年博士學位研究生外語綜合水平考試試題

一、閱讀理解
Justice in society must include both a fairtrial to the accused and the selection of an appropriate punishment for thoseproven guilty. Because justice is regarded as one form. of equality, we find in its earlier expressionsthe idea of a punishment equal to the crime. Recorded in the Old Testament isthe 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. Tomake up for his offence, society must get even. This can be done only by doingan equal injury to him. This conception of retributive justice is reflected inmany parts of the legal documents and procedures of modern times. It isillustrated when we demand the death penalty for a person who has committedmurder. This philosophy of punishment was supported by the German idealistHegel. He believed that society owed it to the criminal to give a punishmentequal to the crime he had committed. The criminal had by his own actions deniedhis true self and it is necessary to do something that will counteract thisdenial and restore the self that has been denied. To the murderer nothing lessthan giving up his own will pay his debt. The demand of the death penalty is aright the state owes the criminal and it should not deny him his due.

Modern jurists have tried to replace retributivejustice with the notion of corrective justice. The aim of the latter is not toabandon the concept of equality but to find a more adequate way to express it.It tries to preserve the idea of equal opportunity for each individual torealize the best that is in him. The criminal is regarded as being socially illand in need of treatment that will enable him to become a normal member ofsociety. Before a treatment can be administered, the cause of his antisocialbehavior. must be found. If the cause can be removed, provisions must be madeto have this done. Only those criminals who are incurable should be permanentlyseparated front the rest of the society. This does not mean that criminals willescape punishment or be quickly returned to take up careers of crime. It meansthat justice is to heal the individual, not simply to get even with him. Ifsevere punishments is the only adequate means for accompanying this, it shouldbe administered. However, the individual should be given every opportunity toassume a normal place in society. His conviction of crime must not deprive himof the opportunity to make his way in the society of which he is a part.

1. The best title for this selection is （）
A. Fitting Punishment to the Crime
B. Approaches to Just Punishment
C. Improvement in Legal Justice
D. Attaining Justice in the Courts

2.The passage implies that the basic difference between retributive justice and corrective justice is the （ ） .
A. type of crime that was proven
B. severity for the punishment
C. reason for the sentence
D. outcome of the trial