104 年公務人員特種考試關務人員考試、 104 年公務人員特種考試身心障礙人員考試及 104 年國軍上校以上軍官轉任公務人員考試試題

代號： 80130 | 80430 80630 全一頁

考 試 別：

國軍上校以上軍官轉任公務人員考試

等 別：

上校轉任考試

類 科：

一般行政、社會行政、人事行政、廉政

科 目：

行政法

考試時間：

2 小時

座號：

※注意：

 禁止使用電子計算器。

•  不必抄題，作答時請將試題題號及答案依照順序寫在試卷上，於本試題上作答者，不予計分。

• 一、請說明公法與私法區分之學說（標準）何在？並請進一步依己見具體說明各學說有 欠周延之處？（ 25 分）

• 二、請說明公務員責任中之司法懲戒與行政懲處之區別為何？並進一步說明移付司法懲 戒或行政自行懲處之決定標準為何？（ 25 分）

• 三、行政執行法中有關行為或不行為義務之執行，請說明間接強制與直接強制之方法各 為何？並請進一步舉例說明由行政機關自為代履行與直接強制有何關係？（ 25 分）

四、請依據訴願法規定，說明訴願決定之種類及其內涵為何？（ 25 分）

代號：

80110

｜

80610

頁次：

4

－

1

104 年公務人員特種考試關務人員考試、 104 年公務人員特種考試 身心障礙人員考試及 104 年國軍上校以上軍官轉任公務人員考試試題

• 考 試 別： 國軍上校以上軍官轉任公務人員考試

等 別：

上校轉任考試

類 科：

各類科

科 目：

中華民國憲法與英文

考試時間：

2 小時

座號：

※注意： 禁止使用電子計算器。

甲、申論題部分：（ 50 分）

 不必抄題，作答時請將試題題號及答案依照順序寫在申論試卷上，於本試題上作答者，不予計分。  請以藍、黑色鋼筆或原子筆在申論試卷上作答。

• 一、立委選舉採單一選區兩票並立制及所設政黨比例席次與 5% 政黨門檻之規定，是否 會造成對小黨的不利，從而有違憲之虞？請就司法院大法官見解評述之。（ 25 分）

• 二、預算的法律性質為何？立法院對於行政院所提的預算案，是否可以為增加預算的提 議？何故？若立法院在不增加預算的前提下，僅在「預算科目」間作調整，是否屬 憲法所許？（ 25 分）

• 乙、測驗題部分：（

50

分）

代號： 1801

 本試題為單一選擇題，請選出一個正確或最適當的答案，複選作答者，該題不予計分。  共 25 題，每題 2 分，須用 2B 鉛筆在試卡上依題號清楚劃記，於本試題或申論試卷上作答者，不予計分。

• 1 Visitors to the museum can learn about , physiology, and health by examining real human bodies that have been medically preserved.

anatomy 

analogue 

analogy 

anarchy 

• 2 Stacy was keeping the project , so it could be finished on time. Her supervisor was satisfied with the result.

on track 

by default 

from s  cratch

in season 

• 3 The new law prohibits insurance companies from discriminating against disabled children by denying them coverage or charging them premiums.

apprehensive 

indeterminate 

exorbitant 

optimum 

• 4 After refusing to the election result last night, the candidate issued a statement this morning demanding a recount.

besiege 

acknowledge 

elevate 

preside 

• 5 Mary can only attend one of the sessions at the conference.

concurrent 

deliberate 

perspective 

reluctant 

｜

4 － 2

6 A powerful earthquake and a tsunami killed untold thousands on Japan's northeastern coast and left many more homeless.

cumulative 

devastating 

nominal 

terminal 

7 With regards to curriculum vitae (CV) fraud, it was once reported that more than 50% of CVs carried while 25% contained complete lies.

embellishments 

embezzlements 

endearments 

endowments 

8 The beauty of empowering others is that your own power is not in the process. On the contrary, you will get even more powerful even though it is not what you want.

advoca  ted

diminished 

exempted 

mobilized 

9 The downside of globalization advocated by multinational companies is their atrocious attempt to the poor in developing countries.

redeem 

exploit 

impeach 

oscillate 

• 10 To reduce the number of stray animals on the streets, the government sent out a team to catch stray dogs and cats and them instead of killing them.

compromise 

forego 

neuter 

whistle 

• 11 The rise of the Internet has sped up the fashion life cycle by enabling people around the world to find out about even the most fashion trends as they emerge.

 addictive

 dynamic

 obscure

 permanent

• 12 Although Elaine gave me very directions to her house, I still got lost.

inexplicable 

dispensable 

explicit 

exchangeable 

• 13 Search engines are good at matching words across websites but have struggled with nuance to answer questions in everyday language.

• Matching words across websites makes it difficult for search engines to provide detailed answers. 

• Subtle differences among  daily usage make it difficult for search engines to provide answers to users.

• Although search engines can find answers, users may not know how to match the  exact wording across websites.

• Although worldwide users function in many languages, search engines can provide answers accu  rately in only one language.

請依下文回答第 14 題至第 18 題

Sustainability is the capacity to endure through renewal, maintenance, and sustenance, or nourishment. 14 , durability refers to the capacity to endure through constant resistance to change. For humans in social systems or ecosystems, sustainability is the long-term maintenance of responsibility, which has environmental, economic, and social dimensions. It encompasses the concept of stewardship, the responsible management of resource use. In ecology, sustainability describes how biological systems remain diverse, robust, and productive 15 , a necessary precondition for the well-being of humans and other organisms. Long-lived and healthy wetlands and forests are 16 of sustainable biological systems. Robust, diverse, productive ecosystems and environments provide vital resources and processes, 17 "ecosystem services." There are two major ways of managing human impact on ecosystem services. One approach is environmental management; this approach is based largely on information gained from educated professionals in earth science, environmental science, and conservation biology. 18 approach is management of consumption of resources, which is based largely on information gained from educated professionals in economics. Both try to reduce negative human impact on the environment, though in different ways.

請依下文回答第 19 題至第 22 題

The story of communication is an important part of world history. In prehistoric times, for example, people did not have books. They did not know much about geography. 19 . They knew only about themselves and their environment (the land around their homes). Their knowledge of geographical things like mountains and rivers was limited. They did not travel very far. Sometimes they knew about nearby people and communicated with them. 20 . Early types of signals for communication included smoke from fires and the sounds of drums. Then people formed towns, and then cities, as safe places to live. Soon they began to develop other ways to communicate, to spread information. People began to buy and sell things to one another. Because of their business, they developed writing systems to keep records and to send messages. Life was changing for many people. 21 , and so did the invention of the printing press. Many more people learned to read then. 22 . People sent letters and news by horse and carriage. Later the mail went by train, by boat, and then by airplane. World communication became a possibility.

22 As a matter of fact, it is the best way to sell and buy things  It is, however, the easiest way to communicate with friends  Suddenly communication and knowledge improved greatl  y Fortunately, many people were happy to help 

請依下文回答第 23 題至第 25 題

The Mexican painter Frida Kahlo (1907-1954) lived a life of extraordinary suffering. She caught a disease called polio when she was six. She was nearly killed in a bus accident when she was eighteen. The bus accident left her with long-lasting injuries that caused her great pain for the rest of her life. Because of these injuries, she suffered a miscarriage when she was twenty-five.

Many critics have pointed out that the pain in Kahlo's body has affected her paintings. Although she was an active, energetic, vibrant woman, the excruciating pain often separated her from other people and made her feel alone. However, Kahlo also lived a life of passion. She played sports in school, wore colorful clothes, danced, studied and fell in love. She was very proud of being Mexican and was politically active. These characteristics have been represented in her paintings. She used bold colors, including lots of reds; she used Mexican imagery, such as monkeys and parrots.

Frida Kahlo took her pain, combined it with her strong spirit, and turned it into art. Her paintings may make viewers uncomfortable with their honesty, but Kahlo was not the type of person to hold back. If she could suffer and grow, her paintings could most likely make viewers feel and grow as well.

• 23 According to the passage, how did Frida Kahlo's pain affect her life?

It made her a pathetic painter. 

It completely destroyed her career. 

It made her scream like monkeys. 

It isolated her  from other people.

• 24 What does the last sentence imply?

Viewers could combine pain with  passion in their lives.

Viewers found it difficult to interpret her paintings. 

As Kahlo transformed her pain into powerful art, viewers could also  be transformed.

As much as Kahlo's paintings  were affected by her pain, viewers could not feel her pain.

• 25 What is this passage mainly about?

Exploring the  psychological factors of an artist Introducing  Frida Kahlo, whose paintings have not been much appreciated Negating the possibility that passion may triumph over suffering  Deploring Kahlo's case where pai  n is a prerequisite for an artist

104 年公務人員特種考試關務人員考試、 104 年公務人員特種考試身心障礙人員考試及 104 年國軍上校以上軍官轉任公務人員考試試題

考 試 別：

國軍上校以上軍官轉任公務人員考試

等 別：

上校轉任考試

類 科：

人事行政

科 目：

人事行政學（包括考銓制度與法規）

考試時間：

2 小時

※注意：

 禁止使用電子計算器。

•  不必抄題，作答時請將試題題號及答案依照順序寫在試卷上，於本試題上作答者，不予計分。

• 一、我國現行文官制度得稱為「職務分類制或官職併立制」，其主要設計內容為何？當 前有何重大議題可資檢討？（ 25 分）

• 二、國軍上校以上軍官轉任公務人員考試及格者，其任用資格、分發任用、轉調有何規 定？此特考特用原則與功績制之論證為何？（ 25 分）

• 三、論者指出公部門待遇制度分析架構包含「內在一致性、外在競爭性、員工貢獻面、 機關管理面」，試述其意。另請就外在競爭性面向，申論政府如何縮短簡任公務人 員與外部企業的待遇差距？（ 25 分）

四、關於公務人員參與政治活動之規範，公務人員行政中立法有何規定？（ 25 分）

代號：

80420

全一頁

座號：