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高等考試 113年 [一般民政] 法學知識與英文(包括中華民國憲法、法學緒論、英文)

第 43 題

📖 題組:
請依下文回答第41題至第45題: "Somebody must have made a false accusation against Josef K., for he was arrested one morning without having done anything wrong.” As in Kafka's long story Metamorphosis—which begins with the line “Gregor Samsa awoke one morning from uneasy dreams to find himself 41 in his bed into a gigantic insect”—the entire narrative of The Trial emerges from the condition that announces itself in the opening sentence. The protagonist, Josef K., never discovers what he is being 42 and is never able to understand the principles governing the system of justice in which he finds himself ensnared. Instead, the narrative follows his exhausting determination to understand and to 43 his innocence in the complete absence of any doctrine that would explain to him what it would mean to be 44 or indeed, of what he actually stands accused. In following Josef K.'s struggle toward 45 the novel presents us with an astonishingly moving account of what it is to be born naked and defenseless into a completely incomprehensible system, armed only with a devout conviction of innocence.
"Somebody must have made a false accusation against Josef K., for he was arrested one morning without having done anything wrong.” As in Kafka's long story Metamorphosis—which begins with the line “Gregor Samsa awoke one morning from uneasy dreams to find himself 41 in his bed into a gigantic insect”—the entire narrative of The Trial emerges from the condition that announces itself in the opening sentence. The protagonist, Josef K., never discovers what he is being 42 and is never able to understand the principles governing the system of justice in which he finds himself ensnared. Instead, the narrative follows his exhausting determination to understand and to 43 his innocence in the complete absence of any doctrine that would explain to him what it would mean to be 44 or indeed, of what he actually stands accused. In following Josef K.'s struggle toward 45 the novel presents us with an astonishingly moving account of what it is to be born naked and defenseless into a completely incomprehensible system, armed only with a devout conviction of innocence.
  • A contest
  • B protect
  • C detest
  • D arrest

思路引導 VIP

如果你被指控了一項從未犯下的罪名,而你心中確信自己是乾淨的,當你面對那個試圖抹黑你的體制時,你會採取什麼樣的行動來對待你那份「清白」的身分?

🤖
AI 詳解 AI 專屬家教

專業點評:程序正義?至少你沒完全搞砸。

  1. 嗯,勉強算是達到基本要求了。你這次的確捕捉到了當事人對自身基本權益的執著,勉強能看出你對「無罪推定」與「防禦權」這些行政法最基礎的程序原則有那麼一絲半點的認識。希望不是瞎貓碰到死耗子。
  2. 在卡夫卡的《審判》中,Josef K. 即使面對荒謬的司法系統,也堅持自己清白。難道你指望他會坐以待斃?動詞 protect(保護/捍衛)與受詞 innocence(無罪/清白)的結合,根本就是最直觀的語意搭配,體現了當事人面對程序不正義時,除了奮力保全權益,還能做什麼?這不是什麼高深莫測的領悟,只是邏輯常識
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