104年公務人員升官等考試、104年關務人員升官等考試、104年交通事業公路人員升資考試、104年交通事業港務人員升資考試法制類科歷屆試題,含策略規劃與問題解決、中華民國憲法與英文、行政法研究等 4 科。
共 4 份考卷|資料來源:依政府資料開放授權條款(OGDL)第 1 版利用,資料集:考選部歷屆試題(data.gov.tw dataset 170565),104 年。
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等 級:
簡任
類科 (別) :
行政類-公務、關務類-關務
科 目:
策略規劃與問題解決
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、在問題解決的原因分析階段中,有所謂「向右魚骨圖」分析法。請畫出「向右魚骨 圖」 ,並以如何改善公文辦理時效率過慢的問題,說明「向右魚骨圖」在原因分析之 操作?( 25 分)
二、何謂問題建構( problem structuring )?( 10 分)在分析問題形成原因時,我們如何 確認問題與界定問題?請以臺灣加入「 TPP 」 (跨太平洋夥伴協定)為例,說明我國 為何要加入「 TPP 」及加入「 TPP 」可能面臨之問題。 ( 15 分)
三、何謂「政策社群」 ( policy community )?政策社群包含那些團體?這些不同團體在 策略規劃中各扮演何種角色?( 25 分)
四、在議程設定( agenda setting )中,有所謂「漸進理論」 ( incremental theory ) ;請舉出 一位「漸進理論」的代表性學者,並說明「漸進理論」在議程設定中的主張與特色 為何?( 25 分)
104 年公務人員升官等考試、 104 年關務人員升官等考試 10120 - 19620
104 年交通事業公路、港務人員升資考試試題
等 級:
簡任
類科 (別) : 各類科-公務、各類別-關務
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。
代號:
30120 、 30620
頁次:
4 - 1
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、我國憲法直到憲法增修條文第 10 條第 6 項才規定婦女人格尊嚴,同時司法院大法 官也在多號解釋中提及人性尊嚴,試問人性尊嚴其內容為何?又在我國憲法秩序中 是否具憲法拘束力?並敘明其理由。( 25 分)
二、試從「責任政治」觀點分析我國憲法上總統、行政院及立法院之關係。( 25 分)
分) 代號:
本測驗試題為單一選擇題,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 In the garden, soil preparation must aim to reduce, not increase, fertility. A rich soil soon becomes home to ______ weeds which smother less competitive, more attractive plants.
ramming
compatible
comprehensive
rampant
2 Frida produced her first painting and ______ it to her school boyfriend.
dictated
dedicated
dwelled
domesticated
3 An international group of forty scientists have made a very surprising ______ about the future. They say that in the next fifty years we can upload our minds to the computer.
prediction
preoccupation
prevention
precept
請依下文回答第 4 題至第 8 題
What really makes people rich? Poor people often take in humble food and work with their hands or perform 4 labor, which keeps them in good health. Affordable clothes may look and feel just as good as 5 expensive ones. On the contrary, rich people often sit at desks for long hours, eat at expensive restaurants, and indulge in exquisite 6 . More expensive clothes and shoes always await those who are never 7 and love to compete. Are the rich really rich? Are the poor really poor? If you think of wealth in terms of health or happiness, who is rich and who is poor is not 8 by money.
4 manual
manifest
momentum
modification
5 magnetically
overpriced
underestimated
efficiently
6 delinquencies
policies
species
delicacies
7 qualified
satisfied
anticipated
rejuvenated
8 deleted
domesticated
distracted
determined
Most people will admit that the relations between various ethnic and racial groups is a potential source of problems for a culturally diverse society such as the United States. Most 9 people will also agree that prejudice plays an important role in the misunderstandings, intolerance, and even hostility that may develop and persist between such groups. If our objective is to minimize these problems, one necessary step is to 10 the issue of prejudice.
Research has clearly established that prejudice exists and 11 a person expressing a prejudiced view may be unaware that it is in fact biased. An interesting experiment, which is often 12 in educational textbooks, was conducted in 1973 to determine the potential effects of prejudice on the judgements of future school-teachers. The researcher made videotapes of three children speaking to an adult. The camera angle was 13 that the children's faces were not visible; however, it was obvious from the tape that the children were speaking and that they were racially different-one was white; one was African American; the third was Mexican American. A soundtrack containing exactly the same conversation in English with the same American voice was added to the tapes. Each tape was played to one of three groups of student teachers. Their task was to judge the correctness of the speech of the child they had seen on the videotape.
There has been a great deal of research into the art of negotiation, and, in particular, into what makes a 'good' negotiator. One point most researchers seem to agree on is that good negotiators try to create a harmonious atmosphere at the start of a negotiation. 14 . Therefore, there may be a willingness on both sides to make concessions. Good negotiators generally wish to reach an agreement which meets the interests of both sides in the long run. 15 . Instead of seeking immediate gains, it is more important to ensure that they do not harm their relationship with the other party. Skillful negotiators are flexible. They do not 'lock themselves' into a position so that they will lose face if they have to compromise. 16 . For example, instead of insisting that they must get a large order only once, they opt for small orders that may help develop long-term corporation with their partners. Successful negotiators do not want a negotiation to break down. If problems arise, they suggest ways of resolving them. 17 . Instead of giving up right away, they keep the communication open, select a few arguments and repeat them. This suggests that tenacity is an important quality. Finally, when the deal is done, they confirm it and close it so that both sides feel satisfied.
14 They make an effort to establish a good rapport with their counterparts.
The best negotiators are persuasive, articulate, and persistent on key areas.
They therefore tend to take a long-term view to ensure that the agreement will improve.
Next, they listen carefully and check frequently that everything has been understood by both parties.
15 They make an effort to establish a good rapport with their counter-parts.
They therefore tend to take a long-term view to ensure that the agreement will improve.
Next, they listen carefully and check frequently that everything has been understood by both parties.
They have a range of objectives, which allow them to make concessions in view of their long term goal.
16 The best negotiators are persuasive, articulate, and persistent on key areas.
They have a range of objectives, which allow them to make concessions in view of their long term goal.
They therefore tend to take a long-term view to ensure that the agreement will improve.
Next, they listen carefully and check frequently that everything has been understood by both parties.
代號:
10120
-
19620
30120
、
30620
頁次:
4
-
3
17 They make an effort to establish a good rapport with their counter-parts.
The best negotiators are persuasive, articulate, and persistent on key areas.
Next, they listen carefully and check frequently that everything has been understood by both parties.
They have a range of objectives, which allow them to make concessions in view of their long term goal.
In 1988, a college dropout named Jonathan Stanley was convinced that government agents were chasing after him. For three days and nights he raced through streets and subway tunnels. After the police took him to a hospital, he finally received effective treatment two years after getting a diagnosis of bipolar disorder. 'My son's life was saved,' his father, Ted Stanley, said. He then created a foundation to support psychiatric research. In July 2014, the Stanley Family Foundation donated $650 million to Broad Institute of MIT and Harvard, a research center to which he had earlier donated $100 million. It comes at a time when research into mental illness is sputtering. The Broad Institute timed its announcement of the donation to coincide with the release of the largest analysis ever on the genetics of schizophrenia. The analysis identified more than 100 regions of DNA associated with the disease. Many contain genes involved in just a few biological functions, like pumping calcium into neurons that could help guide the search for treatments. 'For the first time, there's a clear path forward,' said Eric Lander of the Broad Institute. When scientists discovered psychiatric drugs like lithium in the mid-20th century, they did so mostly by accident. For years, they hoped figuring out the action of the drugs would help them understand the causes of the diseases. But they came up empty. Some researchers argued that a better strategy would be to find the genes involved in psychiatric disorders. This approach would give them new molecular targets for drugs they could test. Recent research has found that mutations in the very same gene can cause a wide range of brain disorders, including autism, schizophrenia, and epilepsy. 'We have no idea at all about why that is, and the only way to find out is to do some hard biology - to find out not only which genes matter, but what about them matters,' Dr. Goldstein said. The new study found that many risk variants clustered around specific body functions, like the immune system and calcium transmission in brain cells. To understand their underlying biology, Broad researchers plan to grow neurons with mutations in the genes they have found, to see how they differ from normal cells. They will engineer mutated mice to see how their brains are affected. These studies will be expensive, which is where the Stanley Family Foundation comes in.
18 According to the passage, why did Mr. Ted Stanley want to support psychiatric research?
His son received effective treatment and recovered.
He feared that he would have psychiatric disorder.
His son had a nonfunctioning brain for the rest of his life.
He feared that there was a government conspiracy involved.
19 According to the passage, what of the following is a better strategy to treat psychiatric diseases?
To find the real signals.
To find the way to pump calcium into the neurons.
To find the specific body functions.
To find the genes involved in psychiatric disorders.
20 According to the passage, which of the following statements is NOT true?
The donation coincides with the release of the largest analysis ever on the genetics of schizophrenia.
The Stanley Family Foundation donated to Broad Institute of MIT and Harvard for just one time.
The analysis identified more than 100 regions of DNA associated with schizophrenia.
When scientists discovered psychiatric drugs like lithium in the mid-20th century, they did so mostly by accident.
When it comes to construction, builders, even in these technologically advanced times, are often left with three main materials-concrete, steel, and bricks. But some innovative designers are increasingly looking to reuse an unlikely material that the world has in abundance-plastic bottles. Would you live in a bottle building? Before you answer, have a look at the many advantages these structures have.
First and foremost, bottle buildings are low-cost-just think about how little a plastic bottle costs, and you'll get the idea. They are also quite strong and sturdy, as they can bear a heavy load and may resist earthquakes. Bottles also allow natural light into the structure, reducing energy consumption while creating a warm, inviting interior atmosphere.
In Taiwan, where just four percent of plastic bottles are recycled each year, the EcoARK building was built in Taipei using an astonishing 1.5 million plastic bottles. This building was used as an exhibition hall during the 2010 Taipei International Flora Expo, and served as a reminder that, as Taiwan goes through 2.4 billion plastic bottles annually, we must find a way to recycle or reuse them before they present a huge environmental problem.
In the city of San Pablo in the Philippines, dozens of volunteers built a school from plastic bottles filled with liquefied adobe. This could be the start of a new trend in which plastic bottles become the new environmentally friendly material of choice for buildings of the future.
21 What is the literal meaning of the underlined idiom in the first paragraph?
to expect or hope
to classify
22 What is the main message of the EcoARK building?
Plastic bottles are the best construction material.
Some common household items can be effectively reused.
People in Taiwan should buy only metal cans from convenience stores.
Although they are quite expensive, plastic buildings can be beautiful.
23 Which of the following is NOT mentioned as a reason for using plastic bottles for construction?
They allow more natural light into buildings.
They are inexpensive compared to other materials.
They can be recycled annually.
They do not get damaged easily during natural disasters.
24 What does the Philippine example suggest?
It will likely cause nations in Asia to outlaw plastic bottle buildings.
It should have a major effect on construction projects for corporations.
It will probably cause other nations to consider building more schools.
It may make bottles the top material for environmentally friendly buildings.
25 What is the best title for this passage?
to examine or inspect
to act or respond quickly
| 9 | emotional | rational | unstable | related |
|---|---|---|---|---|
| 10 | address | whitewash | bury | sabotage |
| 11 | such | because | for | that |
| 12 | hidden | cited | claimed | jilted |
| 13 | so | such | in | of |
| The EcoARK building in Taiwan | Building with Bottles |
|---|---|
| Recycling Trash | Builders of the Philippines |
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10130 - 10730
11930 、 30130
104 年公務人員升官等考試、 104 年關務人員升官等考試
104 年交通事業公路、港務人員升資考試試題
代號:
11030 、 11730 全一頁
等 級:
簡任
類科 (別) : 工作、教育行政、司法行政、法制、關務類-關務
一般行政、一般民政、社會行政、人事行政、原住民族行政、社會
科 目:
行政法研究
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、甲報考教育部舉辦之某年度公費留學考試,獲得錄取。嗣教育部獲悉甲具有美國國 籍,爰以該次考試簡章規定具雙重國籍不得報考為由,撤銷甲之錄取資格,並函知 甲。甲不服,主張教育部撤銷其錄取資格違反法律保留原則。請問:甲主張有無理 由?( 25 分)
二、乙公司從事人力仲介業務,領有勞動部核發訂有 2 年期限之就業服務機構許可證(下 稱許可證)。期限將屆之際,乙公司向勞動部重新申請許可證。勞動部以乙公司有 違反就業服務法規定之情事為由,不予許可。乙公司不服,欲提起行政爭訟,惟許 可證期限即將屆滿。請問:乙公司如欲在期限屆滿後繼續從事人力仲介業務,應如 何救濟?行政法院應如何裁判?( 25 分)
三、丙依規定向主管機關申請造林獎勵金,經主管機關以 A 函核給獎勵期間 20 年,逐年 核給獎勵金,並載明獎勵金應確實用於造林。嗣主管機關發現丙並無造林事實。請 問:主管機關應如何命丙返還已受領之獎勵金?( 25 分)
四、行政罰法第 1 條所定「其他種類行政罰」之意義為何?行政法院是否作限縮解釋? 如何限縮?( 25 分)
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官方不公布申論答案
104 年公務人員升官等考試、 104 年關務人員升官等考試 104 年交通事業公路、港務人員升資考試試題 代號: 11940 全一頁
等 級:
簡任
類科 (別) :
法制
科 目:
立法程序與技術研究
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、試說明一般法律原則與立法程序規範之關係。 ( 25 分)
二、某市議會制定自治條例,內有條文明定: 「本市政府得向××業者收取管理費。管理費 之收取辦法,由本市政府 {{ 局另定之。」試從憲法與立法技術等面向,評析本條文, 並試重擬本條文文字,使其符合憲法規範與應有之立法原則。 ( 25 分)
三、立法院職權行使法第 73 條第 1 項規定: 「經協商之議案於廣泛討論時,除經黨團要 求依政黨比例派員發言外,其他委員不得請求發言。」試從我國立法院運作實況, 論述本條規定之意義與問題。 ( 25 分)
四、試論述何謂「立法效率」 ,並從立法於民主法治社會中的應有功能,評析「立法效率」 一語在我國立法實務上之問題。 ( 25 分)