
年公務人員特種考試司法人員、法務部調查局
調查人員、海岸巡防人員、移民行政人員考試及110年
未具擬任職務任用資格者取得法官遴選資格考試試題
※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。
代號:
頁次:
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一、入出國及移民法第 58 條第 2項規定:「跨國(境)婚姻媒合不得要求或
期約報酬」。此一規定,限制人民那些基本權利?其是否符合比例原則及
平等原則?司法院釋字第 802 號解釋關於此等問題有何見解?試詳述之。
(25 分)
二、憲法保障人民之基本權利,除主觀公權利功能之外,尚有所謂客觀法秩
序之功能。基本權利客觀法秩序功能之內容有那些?試詳述並舉例說明之。
(25 分)
三、試述下列名詞之意涵:請就以下五段短文中畫線的五個英文詞語以中文
做適當的定義與解釋(每小題 3分,共 15 分)
Many governments have implemented the use of biometrics to enhance
their safety measures when issuing passports, visas or residence permits to
people who migrate to their countries. Biometric measures rely on a
computerized system that scans and collects a person’s special traits such
as his/her fingerprints, face, iris, retina or ear features. This storing of the
data can also be utilized to look for or verify a person’s identity to reduce
the mistakes that might happen when providing the immigration services
to travelers.
Climate migration is a unique kind of environmental migration; it describes
a type of migration that is caused by climate change. In this context, people
who are environmental refugees are usually forced to move away from
their places of origin because they cannot live any longer in their residency
where their living environment has much been damaged by the drastic
change of climate. They usually have to adapt to a different living
surrounding when they move to stay in a different place.
It is common for most people to express xenophobia when they encounter
strangers, foreigners or immigrants who also stay in their communities or
countries. People often tend to discriminate against someone who is
different from them. But this dislike or fear of strangers and foreigners
from other countries can be strong and unreasonable sometimes. Therefore,
it is important that the government should introduce the practice of social
inclusion to reduce discrimination against immigrants.