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How to finish the graduation thesis of law major?
Needless to say, various forms of undergraduate education are becoming more and more formal in graduation thesis, which should arouse the vigilance and attention of all kinds of undergraduate graduates of Sun Yat-sen University. Today, I would like to talk about this issue instead of the self-taught graduates. In addition to helping them solve some practical problems, a great motivation is to remind them to pay attention. In fact, without a serious attitude towards graduation thesis, it is difficult to evaluate a student as a qualified undergraduate, because the attitude towards graduation thesis represents the highest level of a student's study style and handling affairs. If you take the most important thing in life lightly or muddle along, or even muddle through, the student is not much better. Naturally, in that case, even the best level of knowledge and writing skills are useless, and the graduation thesis can't be written well. Therefore, the biggest similarity between self-taught graduates and other types of students in graduation thesis writing is the same key factor for success: attitude must be valued and earnest. Of course, in other requirements and standards, self-taught students are basically the same as other types of undergraduates. For example, the assessment scores of papers are divided into: passing; Medium; Good; Very good. Teachers usually grasp the standards according to the following points: 1. Pass: (1) The topic is acceptable (the topic is old and too long, which is of little theoretical and practical significance, but it can still be used as the training of academic norms and writing skills), and the topic is clear (that is, the main problems you expect to explore, study and finally solve in the paper are also the main thread of logical thinking throughout the whole paper). (2) Have a sense of layout and a clear hierarchical structure, and can still follow the logic method to put forward and solve problems; (3) Have a certain ability to collect, summarize and use documents; (4) The viewpoint is basically correct, which can reflect a certain level of training in basic knowledge of law, and there are basically no common sense mistakes; (5) Abide by basic academic ethics and conventional writing technical specifications; (6) Being able to give consideration to logic and writing is basically smooth. 2. Medium: (1) The topic is ordinary and the theme is clear; (2) The layout is basically reasonable, with distinct levels, and the logical method can follow the idea of putting forward and solving problems; (3) Have a certain ability to collect, summarize and use documents; (4) The viewpoint is basically correct, which can reflect the general level of basic legal knowledge training without common sense mistakes; (5) Abide by basic academic ethics and conventional writing technical specifications; (6) Strong logic and fluent writing. 3. Good: (1) The topic is appropriate, has certain theoretical and practical significance, and the theme is clear; (2) The layout is reasonable, the levels are clear, and the logical method follows the idea of putting forward and solving problems well; (3) Good ability of document collection, summarization and application; (4) The viewpoint is correct and the arguments are sufficient and powerful, which can reflect that the training of basic knowledge of law is relatively solid and there are no common sense mistakes; (5) Abide by the basic academic ethics and technical norms of formal writing; (6) Strong logic and fluent writing; (7) Have a certain sense of innovation. 4. Excellent: (1) The topic is novel, difficult, of great theoretical and practical significance, and the theme is clear; (2) The layout is reasonable, the levels are clear, and the logical method follows the idea of putting forward and solving problems well; (3) Good ability of document collection, summarization and application; (4) The correct viewpoint can reflect that the training of basic knowledge of law is relatively solid and there are no common sense mistakes; (5) Abide by the basic academic ethics and technical norms of formal writing; (6) strong logic, concise and smooth expression; (7) Have a strong sense of innovation and have certain innovation achievements. Objectively speaking, "passing" often contains some elements of "discretionary care" in graduation thesis grading, and people with lofty ideals should try their best to stay away from the ending of "passing" like avoiding "failing". Take the following topics as examples to compare: (1) About the liability for breach of contract (or about the constitutive elements of the liability for breach of contract, about the constitutive elements of bona fide acquisition, etc. (2) about the actual performance of the liability for breach of contract (but I have different views on the actual performance of the liability for breach of contract) (3) about the perfection of the form of the liability for breach of contract in China's current contract law (4) about the significance of product industry standards in determining the liability for breach of contract. Appropriateness means that the topic is specific and clear, and the difficulty is moderate. The theme is to summarize the current situation and main defects of the existing forms of liability for breach of contract in contract law, and put forward and demonstrate a perfect scheme, which has certain theoretical excavation and space and certain guiding significance in legal practice. The novelty of the above question (4) is that it is aimed at the weak link of current contract theory and practice, which has not been specially studied before, or touched on but not systematic, and there is no clear conclusion. The difficulty lies in how to accurately grasp the position and main role of industry standards in the standard system, the main connection points between industry standards and contractual legal obligations, general obligations and agreed obligations, and the different legal meanings of industry standards in different contracts. The theme is to summarize the general relationship between the product industry standard and the liability for breach of contract, the specific relationship under the main types and its significance in determining the liability for breach of contract. This requires a wide range of knowledge, rich practical experience and high ability to use literature. The solution of the above problems is undoubtedly of great theoretical and practical significance to the interpretation and legal application of contracts. Advocate the third question and encourage the fourth question. Avoid questions like (1). This is mainly about sex. Let's talk about characteristics first. (1) The academic difficulty is slightly lower than that of ordinary undergraduate courses, mainly considering the differences in learning environment and conditions (especially the lack of face-to-face lectures, lack of libraries, working and studying, etc. Therefore, it is also encouraged to write investigation reports and case summaries in combination with actual work and practice, but the standards are the same as or equivalent to the above standards. (2) Pay special attention to the training of academic norms and writing norms. (3) Encourage more use of network resources. The second part is the basic essentials. The writing points of the paper are divided into six aspects: 1. Determination of the topic and collection of documents (1). The basic requirements of the topic L belong to the legal proposition; It is necessary to study and discuss; The scope should be appropriate and the theme should be concentrated; It is quite feasible. 1. is a legal proposition. First of all, a proposition is a logical judgment expressed in declarative sentences. Therefore, logically, the legal proposition expressed by declarative sentences is the correct research proposition. For example, the expressions of the following topics do not meet the requirements because they do not express propositions. (1) Who will provide for the farmers' uncles in the future "old China" (a question) (2) The legal protection of the right to privacy in China is not perfect (it is not a verb-noun structure, and there is no need for further argumentation) (3) Strengthening legislation, Perfecting China's procuratorial supervision power (the perfection of China's procuratorial supervision is a proposition) (4) How to safeguard women's rights and interests (the maintenance of women's rights and interests is a proposition) (5) How to distinguish between mortgage and pledge (the distinction between mortgage and pledge is a proposition) (6) How to adhere to the "strike hard policy" is in line with China's national conditions (it is a proposition to adhere to the "strike hard policy") (7) Open Pandora's box. Secondly, legal proposition is a proposition to study legal content. The following topics are not legal propositions and do not meet the requirements. (1) On the construction of notarization market (legal thinking on comparative notarization market construction) (2) Research on credit card consumption (legal research on comparative credit card consumption) (3) Discussion on the disposal principle of non-performing assets in commercial banks (4) Investigation on floating population in a city (5) Prevention and treatment of domestic violence (6) Discussion on the phenomenon of "keeping mistresses" (7) Discussion on letters and visits at the grassroots level. The above proposition may contain legal issues, but the topic itself is not a legal proposition, which does not meet the requirements of the graduation thesis of the law major training program. 2. It is necessary to study and discuss-it has theoretical or practical significance or it is best to have both. Ten dynamic concepts and multidimensional concepts of inevitability. In the undergraduate stage, we must strive to innovate and innovate. For self-taught students, the possible research depth of the proposition is beyond the theory summarized in general textbooks to a certain extent, that is, it can be understood that the proposition has certain theoretical significance. The argumentation conclusion of the proposition can help deepen the ideas, concepts and schemes of solving practical problems in some aspects, which can be understood as having practical significance. Example 1: On the liability for breach of contract (or on the constitutive elements of the liability for breach of contract). For undergraduates, the proposition of example 1 is difficult to surpass the conclusion of the textbook, and there is nothing new in practice, which is not suitable for undergraduate graduation thesis. Example 2: On the actual liability for breach of contract Example 2 focuses on a special way of liability for breach of contract, which is controversial in practice. Therefore, it has certain theoretical and practical significance, and it is also convenient to write the depth of the paper. Example 3: On bona fide acquisition (or on the constitutive elements of bona fide acquisition). Although the proposition of Example 3 belongs to textbook common sense, it is weak in theory and practice, and there are different practices in practice, so the solution of this proposition is of certain significance to theory and practice. What are the topics of theoretical and practical significance? This is a difficult problem for undergraduate graduates to judge. In addition to thinking for yourself, we should also humbly solicit and respect the opinions of our tutors. Once confirmed, it shall not be changed without the consent of the instructor. 3. The scope should be appropriate and the theme should be prominent. Examples of common mistakes: (1) Death penalty research (too big). (2) Anticipatory breach of contract and related system and its legislative problems (the theme is not concentrated) (3) The application of the inversion of burden of proof and the problems that should be paid attention to in practice (dual theme) (4) Analysis of legal problems related to e-mail (the theme is not clear, so when analyzing legal problems related to e-mail, we should use the proposition with huge content with caution, instead of using "………………………………………………………………………………………………………………………………………… Because, that means the thesis has two centers, which is the taboo of graduation thesis. It is quite feasible. Generally speaking, through your normal or slightly extraordinary efforts, it can be completed within the prescribed time limit. Therefore, it is appropriate to choose a topic that you are familiar with, interested in, moderately difficult and have considerable information to search. (2) Interaction between topic selection and data collection 1. Attention should be paid to the enlightening function of topic selection guide (catalogue) or demonstration topic selection catalogue, but never engage in propositional composition. Because the project guide generally only points out the areas where the project can be studied, even if it is a feasible project, it should be adjusted appropriately according to people's needs. 2. First determine the direction and do some information exploration. 3. On the basis of mastering a lot of information and understanding the subject to be studied, determine a more specific subject. For example: (1) The process of determining the topic "On the protection of well-known trademarks in China" Familiar with the basic knowledge of civil and commercial law and economic law; Interested in trademark legal issues-initially determining trademark legal issues as the basic topic selection direction-initially searching for documents (retrieval or other means)-finding that trademark infringement is more prominent in trademark legal issues, and the identification and infringement of well-known trademarks are hot spots-basically determining well-known trademark legal issues as the topic selection-searching and digesting some documents again, and finding that domestic laws and regulations on well-known trademarks are controversial, that is, there are topics to discuss; Relevant international conventions and foreign related materials are rich and clear, that is, there is depth to dig and breadth to expand; There are typical case materials, which are convenient to combine with reality-try to write an outline from domestic and international perspectives, and compare which one is suitable for you from the perspectives of identification, infringement and anti-unfair competition-and finally determine the topic and report it to the tutor for approval. (2) The determination process of the topic "Discussion on the legal application of bribery crime" Papers, cases and controversial points (3) The determination process of the topic "Legal thinking on the reform of notarization market-investigation of notarization business in Huadu City and its adjacent areas" is engaged in notarization business, with basic knowledge of notarization legal system, key survey data (publicly available data) and several case analyses. 4. Pay attention to the selection and supplement of materials in the writing process. Layout and arrangement of logical thinking methods (1) General idea 1. Layout is the arrangement of the sequence and basic structure of the process of asking questions, demonstrating and drawing conclusions on the theme of the paper. This is very important for writing a paper. 2. Generally, the theme is extracted from literature and investigation materials by the method of induction, but the layout is generally carried out by the method of deduction, one is from concrete to abstract, and the other is from abstract to concrete. The basic essentials are as follows: First, on the basis of digesting quite a lot of literature, summarize the problems you want to solve through argumentation (in a high-level sense, where do you want to innovate), and then, according to the needs of your argumentation, determine which parts to write, what to write first, and what to write later. Then refine, classify, think and summarize the data, and make clear what problems are mainly used to demonstrate and how to demonstrate them. Finally, the framework is "filled" in an orderly way, and the basic model of the paper comes out. To digest literature, we should first be typical (authoritative), then general, and finally relevant information. I take a graduate student who is finishing his thesis "Protection of Well-known Trademarks in China" as an example. First of all, review the textbook again and master the basic principles of well-known trademark protection in the textbook-read 3-5 typical papers you collected, summarize the similarities and differences of their basic views, and classify their arguments and arguments clearly. These similarities and differences are the reference objects for you to further expand your reading and digest documents (just as you need to establish a certain reference system to understand and grasp things). You don't need to master the same point of view when reading and digesting the material further. The key is to further collect different viewpoints and arguments, especially those materials that can express your thoughts or the opposite. Suppose: l Reading and digesting the literature, the discoverer's findings are similar in the following aspects: (1) The reasons why well-known trademarks need stricter protection than non-well-known trademarks-arguments A, B, C ... (2) The legal basis of protection is related international conventions and domestic administrative regulations-arguments E, D, F ... (3) The main means of protection are criminal protection and civil tort. I ... (4) The perfection of the protection system mainly involves criminal legislation and civil legislation (such as criminal law and trademark law). L After reading and digesting the literature, I found that there are the following differences: (1) Some advocate keeping up with the international trend, and some advocate moderate protection-arguments J, K, L...(2) The legal basis of the emphasis is different, and some are based on domestic administration. Some of them are biased towards international conventions-arguments M, N, O...(3) Some are protected by special criminal law, and some are mainly protected by ordinary civil tort law-motivation, advantages and disadvantages L Further reading and digesting other documents, there are several differences that attract your attention: (1) In practice, the protection of well-known trademarks of domestic parties is different from that of foreign parties; (2) Some commentators specifically put forward the crime of infringing on well-known trademarks for the following reasons ... (3) Some commentators pay more attention to protection from the perspective of anti-unfair competition law, such as anti-confusion, anti-dilution, violation of good faith and general business ethics. (4) The difficulties in practice seem to be related to anti-unfair competition, and it seems that this kind of protection can measure the thoroughness of protection. L Through digestion, comparison, thinking and practice, you may find the following innovation breakthrough (quasi-innovation point) (1) to advocate or agree with and demonstrate the strict protection concept of equal treatment. (2) Propose and demonstrate that domestic administrative regulations can be used as government guidance, but not as a basis for raising the protection threshold and affecting protection. (3) Propose and demonstrate that the criminal law protection of trademarks is different from civil protection, and there is no basis for special protection of well-known trademarks in criminal law. This means that various protection systems should be properly divided and coordinated. (4) Emphasize the protection of anti-unfair competition law. L After discovering the problem (innovation), consider the logical connection between your innovations and see if they can be connected. Not all possible breakthroughs can be solved in one paper. However, the above breakthrough can be linked by one theme, namely, the coordination of legal protection of well-known trademarks in China: domestic and international coordination, criminal, civil and administrative legal protection coordination, and the coordination of all-out legal means (in any case, competition law) and special legal means (criminal, civil and administrative), and so on. Accordingly, according to the above conception of the theme, the topic can be further revised as "On the protection of well-known trademarks in China-from the perspective of the coordination of relevant legal protection means" or simply changed to "On the coordination of legal protection of well-known trademarks in China". The layout framework suitable for the above topics can be as follows: Title: On the protection of well-known trademarks in China-from the perspective of the coordination of relevant legal protection means. The main purpose of the first-level title is to summarize the key texts and school textbooks to be used. Remarks: Explain the necessity and importance of the research topic from the aspects of insufficient research, partial data, objective events, a scholar's statement and an authoritative organization's attitude. Second, the status quo and characteristics of China's well-known trademark protection system. By summarizing the trademark law, international conventions, criminal law, civil law and administrative protection system, the characteristics and limitations of various protection systems are summarized. Articles and cases are intended to demonstrate the advantages and limitations of various protection systems, scholars' discussions and their origins. Coordination of different domestic legal systems on the protection of well-known trademarks; The reality and possibility of criminal, civil and administrative protection are out of line, and the bottom line of anti-unfair competition law. Criminal law can be considered from the circumstances of the crime, but it cannot be prosecuted separately, so as to highlight the argumentation of civil protection, the limitation and argumentation of the scope of criminal and administrative protection, and the particularity and importance of anti-unfair competition law protection. The next step is to write it in one go. Of course, the above academic standards are relatively high and difficult, and can be used as a reference model for outstanding students. For ordinary students, the requirements can be lower. You can choose one of the more intuitive angles or problems as an innovative angle or put forward original opinions. In layman's terms, if you summarize the research conclusions made by others in their own language more concisely, methodically, easily understood, systematically and pertinently, even if you have a unique understanding (it can even be considered as "new" for undergraduates, although not "innovative"), it is considered original. For example, suppose you choose to systematically summarize the current situation and characteristics of well-known trademark protection in China, and take this as an innovation point to put forward suggestions to improve the protection system, then you can make a layout according to the following model. Title: On the legal protection of well-known trademarks in China. The main purpose of the first-level title is to use key documents. Remarks 1. The introduction demonstrates the necessity of the research topic and limits the research scope. 500 words 2. The present situation of China's well-known trademark protection legal system is divided into domestic, international and different natures. Select references, typical laws and regulations and articles 1500 according to the legal subject, protected objects and protected contents. 3. Analysis of the characteristics of legal protection of well-known trademarks in China. Analyze the characteristics that others can learn from from from all angles, and support the key arguments of their own analysis characteristics. 4. Some ideas and suggestions to improve the protection system of well-known trademarks in China can be used in legal concepts. The specific system can suggest 2000 words. 5. The conclusion summarizes the innovation, uniqueness and significance of this paper. 500 words 3. The layout of the investigation report is similar. For example, the note 1 on "Legal thinking on the reform of notarization market-main purpose and key materials of the first-level title of notarization business investigation in H city and its adjacent areas". The preface (or the basic methods and means of investigation) explains the reason, purpose, scope and means of this investigation. The analysis of the present situation and characteristics of notarization business in Huadu city and its adjacent areas should be properly screened, and the reasons for several typical phenomena should not be discussed. Third, the analysis of the reasons for "doubt" below further paves the way. Fourthly, based on the above analysis, some problems and suggestions are put forward for the current notarization market reform. It should be noted that the above table is mainly for convenience, and not everyone wants to list it. (II) Comments on Ten Examples The following ten examples are the writing outlines submitted by the previous students to the relevant teachers and recorded as they are. Example 1: Teacher, my outline is: Title: civil liability without fault 1. Definition 2. Composition 3. Application 4. Comments on the difference from other responsibilities: blindly copying textbooks, not following the idea of asking questions and solving problems, and not having any sense of innovation. Obviously, there is no interaction between data collection and topic selection. Example 2: Title: On the constitutive elements of bona fide acquisition of movable property. 1. Preface 2. The third party should accept the property in good faith, which is the basic feature of bona fide acquisition. 3. The third party must accept the movable property that is allowed to circulate by law. 4. The third party must obtain the property through effective delivery. 5. The transferor must be a person without the right to dispose. 6. The transferor must actually own the transferable property. Comments: Although the topic has become smaller, the charges are the same as those in the previous example. Title of Example 4: On Teachers' Rights and Interests and Their Legal Protection 1. The meaning, content and characteristics of teachers' rights and interests (1) The meaning of teachers' rights and interests (2) The content of teachers' rights and interests 1. Teachers' general rights and interests as ordinary citizens. The exclusive rights and interests enjoyed by teachers based on their special status. Characteristics of teachers' rights and interests. Legal protection of teachers' rights and interests. Problems existing in the current legal protection of teachers' rights and interests. Ways and countermeasures of legal protection of teachers' rights and interests 1. According to the different subjects of protection, it can be divided into school protection, social protection, judicial protection and self-protection (1) school protection (2) social protection (3) judicial protection (4) self-protection. According to the specific channels of protection, it is divided into litigation protection, administrative protection and other channels of protection (1) litigation protection (2) administrative protection (3) comments on other channels of protection. The data search is the same as the above example. Title of Example 5: Application of the principle of no-fault liability (outline) I. Concept of the principle of no-fault liability. Second, the constitutive requirements of no-fault liability. Third, the legal characteristics of no-fault liability. Fourth, the disadvantages of the principle of no-fault liability, pointing out its disadvantages and the reasons for its disadvantages. (including specific case analysis) V. The difference between no-fault liability and general fault liability, mixed fault liability and presumed fault liability. Comments: The topic is appropriate, but the text is irrelevant (theme). Others are the same as the above examples. Example 6: Title: Briefly describe the present situation, problems and development trend of people's mediation outside litigation: on the development trend of people's mediation outside litigation 1. Brief introduction to the present situation of people's mediation 2 pages. The characteristics of people's mediation 1 are conducive to protecting the fundamental interests of the overwhelming majority of the people. 2, is conducive to reducing the pressure of the basic people's court trial work. It is necessary to maintain social stability. 4, is an important content to strengthen the construction of democracy and legal system in China. Third, there are problems in people's mediation. 1, the ideological understanding is not in place. 2. This system has not been well observed. 3. Lack of division of labor and joint efforts. 4. Mediators are older and have lower quality. 4. Latest progress.