101 年公務人員特種考試關務人員考試、 101 年公務人員特種考試 移民行政人員考試及 101 年國軍上校以上軍官轉任公務人員考試試題

代號：

90110

90210

頁次：

4 － 1

等 別：上校轉任考試

類（科）別：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、國軍轉任公務員，我國現行憲法有何規定可以作為適用依據？試臚列相關條文詳予 敘明之。（ 25 分）

• 二、試比較解釋下列各組名詞：（

25 分）

 補償與賠償

 請願與訴願

 大赦與特赦

 憲章與憲律

 欽定憲法與協定憲法

乙、測驗題部分：（ 50

分） 代號：

1901

 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 My parents always encourage me to some of my monthly income for investment.

 put aside

 put down

 put forward

 put on

• 2 Unfortunately, I live in a remote part of town where few services are .

 accessible

 edible

 associable

 audible

• 3 After winning the Nobel Prize, the scientist is by the crowd of reporters.

 foxed

 fished

 lionized

 wolfed

• 4 It is fatal for a government to issue statements or policies from different departments and confuse people.

 contradictory

 conservative

 contributive

 convenient

• 5 A grand jury in South California indicted 30 people, a local man identified as one of the world's top drug-money launderers.

 it includes

 they include

 included

 including

• 6 When it comes to green tea's ability to fight cancer, studies have found plenty of and not a lot of evidence.

 promise

 persistence

 possession

 persuasion

• 7 For most students, the idea of 'work' does not depend so much on the type of activity being done as on whether or not the person in authority requires it be done.

 Most students take an activity as 'work' because they are required by their classmates to do it.

 Most students define 'work' based on whether their teacher likes that activity or not.

 Most students consider every uninteresting activity they have to do in school as 'work.'

 Most students only take the activities assigned by their teacher as 'work.'

• 8 The presence of women students in such great numbers in professional schools stands in stark contrast to their numbers in the professions themselves.

•  The great numbers of women students in professional schools represent a drastic change in the role of women in the society.

•  Professional schools, which do not require much standing, are much more desirable for women than the professions themselves.

•  In professional schools, the attendance rates of women students are much higher than those of their male counterparts.

•  Although many women study in professional schools, only few of them are actually working in the professions.

• 9 We have had plenty of time to consider the pros and cons of a single currency.

•  We have had lots of time to mull over the generally agreed issue with regard to using one type of legal tender for the whole area.

•  We have had sufficient time to find out the outcomes of using the same type of money that was once said to be a failure.

•  We have had sufficient time to think about both sides of the arguments that support and oppose the idea of using the same type of money.

 We have had much time to think about the proposals for using the same types of coins and notes for the area.

• 10 Residents of Florida often have a closer view of crocodiles than they would like.

 Some crocodiles are raised as family pets in Florida.

 Crocodiles are quite popular among the people of Florida.

 It is not rare that crocodiles may get close to and scare people in Florida.

 Florida is a paradise for children where they can watch crocodiles closely.

• 11 A member cannot remain faithful to the party unless its political ideas have created a minimal success in the society.

 A member cannot remain faithful if his/her political ideas have been created successfully.

 For a member to remain faithful to a party, its political ideas should be somewhat successful.

•  A member cannot be faithful to the party if its political ideas are successful.

•  A member with successful political ideas will remain faithful to the party.

請依下文回答第 12 題至第 15 題

The word tolerance is an ambiguous term worth thinking about. To tolerate others, according to The American Heritage Dictionary , means, on the one hand, to recognize and respect them, their beliefs or practices, without necessarily agreeing or sympathizing with them. On the other hand, the word can mean to put up with or bear with others, though you may 12 them, because some force, such as the law, requires that you do so. It seems to me that people often pretend to use the first meaning of the word when they really have in mind the second meaning. In such cases, people are 13 when they use the word, and I do not admire them. They pretend respect for others, but in reality they are merely putting up with them. It is 14 they were saying, 'Behave yourself and I will be gracious enough to permit you to exist.' Does anyone have the right to be that gracious, I wonder? The idea can be expressed 15 , 'If you will accept my superiority, I will tolerate you.' With such an attitude, the word tolerance implies a sense of inequality that is unacceptable to me. Because the word is ambiguous and often used in an insulting manner, I often wonder what people mean when they use it, and I sometimes think we would be better off without the word.

12  respect

•  despise

•  abandon

 seduce

13  hypocritical

 hypnotic

 hypothetical

 hysterical

14  only when

 only if

 as well

 as though

15  in a way

 in a word

 in another way

 in such cases

請依下文回答第 16 題至第 20 題

An endangered species is any plant, animal, or living thing whose ability to live and reproduce has been 16 by human activities. Without protection it will be in immediate danger of extinction. 17 , it will die out completely if nothing is done to stop the cause of its decline. Habitat 18 is one of the most important causes of species endangerment by humans. By destroying forests, 19 forests and natural grasslands to farms and ranches, draining wetlands for farmland and 20 , and polluting marine environments, humans destroy the habitats of many animals and plants. If its natural habitat is destroyed, a species may not be able to find food or shelter, so it vanishes.

16  preserved

 neutralized

 jeopardized

 accelerated

17  For example

 That is

 In case

 Above all

18  loss

 cost

 expansion

 security

19  contributing

 attributing

 connecting

 converting

20  rain forests

 building projects

 desert

 landslide

請依下文回答第 21 題至第 25 題

The next time someone says, 'I smell danger in the air,' that might literally be true.

At the tip of the noses of mammals is a ball of nerve cells known as the Grueneberg ganglion , named after Hans Grueneberg, the scientist who described the structure in mice in 1973. Grueneberg thought it was just a nerve ending. Only in the last few years did scientists realize that the Grueneberg ganglion is a component of the olfactory system. But they still did not know what the ganglion smelled. Recently, researchers in Switzerland report that they have figured it out.

All sorts of organisms, including plants, insects, and mammals, release 'alarm pheromones' when they sense danger; the pheromones waft through the air to warn others. Very little is known about the alarm pheromones of mammals other than that they exist. Nonetheless, the Swiss scientists could collect the pheromones by simply stressing mice and sucking up the air around them.

When other normal mice were exposed to the danger-scented air, they froze in their tracks. But mice whose Grueneberg ganglia had been removed did not notice anything wrong and continued to wander around their cages without a care in the world.

• 21 Which of the following is an appropriate title for this passage?

•  The Pros and Cons of Alarm Pheromones

•  How the Nose Sniffs Danger in the Air

•  The Evolution of the Grueneberg Ganglion

•  The Contribution of Hans Grueneberg

• 22

• The word 'literally' in the first sentence means ' .'  to be taken word for word  to be interpreted at different levels  not to be taken seriously  to be understood according to the context

• 23 According to this passage, which of the following statements is NOT true about the Grueneberg ganglion ?  It releases alarm pheromones.

•  It is located at the tip of the nose.

•  It can be found in both humans and mice.

•  Our understanding of its function has changed over time.

• 24 What does the experiment by the Swiss scientists tell us?

•  Alarm pheromones are released by insects and mammals.

•  Hans Grueneberg was correct about the Grueneberg ganglion.

•  Alarm pheromones can easily be collected in the air.

•  Mice without the Grueneberg ganglia cannot sense danger.

• 25 The word 'olfactory' in the second paragraph can be replaced by ' .'

 neural

 smelling

 immune

 manufacturing

101 年公務人員特種考試關務人員考試、 101 年公務人員特種考試 移民行政人員考試及 101 年國軍上校以上軍官轉任公務人員考試試題 代號 ： 全一頁 90130 90230

等 別： 上校轉任考試

類（科）別： 各類科

科 目： 行政法

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、何謂「委任」、「委託」及「受委託行使公權力」？試舉例說明其意義。（ 20 分） 試分析下列情形為上述何種情形之一：

•  行政院勞工委員會將危險性機械及設備檢查業務委由中華民國工業安全衛生協會 執行；（ 10 分）

•  經濟部將中部科學工業園區轄區內工廠之許可、登記、撤銷、廢止或調查、管理 及輔導之實施等事項委由行政院國家科學委員會中部科學工業園區管理局辦理。 （ 10 分）

• 二、行政契約與私法契約應如何區分？（ 10 分） 下列契約為行政契約或私法契約？

•  行政院衛生署中央健康保險局與醫院簽訂之健保特約醫事服務機構合約。（ 10 分）

•  公立學校與教師所簽訂之聘任契約。（ 10 分）

三、何謂行政訴訟上之公益訴訟？試舉例說明之。（ 30 分）

座號：

101 年公務人員特種考試關務人員考試、 101 年公務人員特種考試 移民行政人員考試及 101 年國軍上校以上軍官轉任公務人員考試試題 代號： 90120 全一頁

等 別：

上校轉任考試

類（科）別：

一般行政

科 目：

行政學

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、現代行政組織有那些病象？請就我國現行之行政組織加以診視，並提出改進缺失之 道。（ 25 分）

• 二、民意（ Public Opinion ）對公共政策的整體運作過程影響鉅大。請就民意與政策運作 之互動關係，以及有那些探求民意的做法，作一評析。（ 25 分）

三、解釋名詞：

•  Professionalism （ 10 分）

•  Governance across Boundaries （ 10 分）

•  The New Public Service （ 10 分）

•  Deliberative Democracy （ 10 分）

•  Entrepreneurial Government （ 10 分）

座號：