About the subjects and composition of the judicial examination

The first examination mainly tests the candidates' mastery of the basic principles of law, basic knowledge of law, current laws and regulations, and also tests the candidates' ability to take the exam. The candidate’s epistemology, methodology, worldview, and professional beliefs; the first test mainly takes into account the application of knowledge, highlighting the breadth of knowledge while taking into account the depth and comprehensive application ability. The first test can be divided into five papers, with a full score of 500 points, each paper 100 points. Paper 1 covers Marxist philosophy, Deng Xiaoping Theory, the Constitution, basic legal theory, international law, private international law, world trade law, professional beliefs, etc. The function of setting up this test paper is to enable candidates to have a correct worldview, methodology, epistemology, and legal professional beliefs, that is, to use these worldviews, professional beliefs, and theoretical laws to guide applied law; the second paper is civil and commercial law, including civil law, civil litigation law, Contract law, marriage law and intellectual property law, etc. Paper three is criminal law, including criminal law, criminal procedure law, and individual regulations and judicial interpretations related to criminal and criminal litigation; paper four is administrative law, including administrative penalty law, administrative reconsideration law, administrative procedure law, and state compensation law. The reason why administrative law is set as a test paper is that the author believes that this setting can reflect the requirements of the development of the times. If slave society and feudal society are the era of criminal law, and capitalist society is the era of civil and commercial law, then modern society places more emphasis on administration according to law and is the era of administrative law. Therefore, it is specially designed. Paper 5 is a comprehensive examination, which tests applied law, focusing on the application of civil and commercial law. It also integrates substantive law with substantive law, procedural law with procedural law, penetration of substantive law with procedural law, and the intersection of civil, criminal and administrative, highlighting the comprehensive examination. . The author designed it this way based on his own experience. The author once personally handled a civil complaint case. As a result of being kidnapped, the complainant wrote an IOU of 10,000 yuan to the kidnapper. Afterwards, the kidnappers sued the court based on this IOU. The court only ruled that the kidnapped person lost the lawsuit and repaid 10,000 yuan to the kidnapper. This case has extremely negative impact on society. If the person in charge knew that the case should be a criminal case, he should have recommended that the case be filed as a criminal case first, and then the facts should be ascertained before handling. The above-mentioned wrong judgment would not have been made. In judicial practice, we sometimes encounter administrative, criminal, and civil cases. If you only understand the rules of a certain department, you will not be fully qualified to handle the case, especially for those who work in the review and supervision department.

The second examination tests the candidate's application of legal principles and basic legal knowledge, that is, it tests their professional ability, and it also tests their professional ethics, that is, it tests their professional qualities, including professional ethics, and their professional ethics. Depth, test its application, test its synthesis, test its thinking process, etc. The 4+X method can be used for the second examination paper. The first paper is civil law; the second paper is criminal law; the third paper is administrative law; the fourth paper is professional ethics and professional practice; the fifth paper allows candidates to choose a group of subjects (such as , the first group is international law, private international law, international economic law, and world trade law, the second group is marriage law, inheritance law, and labor law, and the third group is commercial law including company law, bill law, bankruptcy law, finance, insurance, Securities, etc., the fourth group is intellectual property law including copyright law, trademark law, patent law, the fifth group is economic law including consumer rights protection law, anti-unfair competition law, anti-monopoly law, anti-dumping law, etc., and the sixth group is Environment and environmental protection law, the seventh group is notarization and grassroots legal practice, the eighth group is forensic and judicial appraisal business, the ninth group is public security business, and the tenth group is legal English). The reason why the author designed it this way is to provide a reference basis for candidates to choose careers or for selectors to select talents. For example, a person who has passed the second examination and scored high marks in Paper 2, Criminal Law, can choose a career as a prosecutor. If a candidate is interested in pursuing a career as a lawyer and focusing on environmental litigation, he can choose environmental law in paper five. This also has the advantage of saving examination costs and overcoming the phenomenon of too many professional qualification examinations related to law (such as notaries, securities lawyers, legal service workers, corporate legal advisors, patent agents, trademark agents, etc.), thus providing these Qualification found a "platform").

Examination focus:

1 paper

Legal principles: just read the textbook once, just understand the concepts and basic ideas, you don’t need to spend too much effort

< p>Legal History: Read the textbook three times before the exam. Don’t read it too early, or you won’t remember it after reading it: the first 20 days (+do the white paper questions)------the first 10 days------the first 5 Tian

Constitution: Textbooks and legal articles can be used. In short, we should focus on the key parts, such as state institutions, etc. I have not read many articles this year, and I mainly focus on textbooks. I feel it is easier to remember, because after all, the laws of the Constitution are There are still a lot of articles

Three Kingdoms: Read the textbook carefully. There is no need to read the articles. Pay attention to the key parts. There is too much content to go into details. You can go to the Three Kingdoms section of the World Lecture and listen to the introduction in the first few minutes, and you can basically find the key points

Economic Law: Key legal provisions. I have no laws this year (Legal Articles Too many, too little to remember, too much to waste time), Talk of All Nations

Professional: Read the legal regulations, do all the real questions, and get a general idea of ??the path. I am also average about this

Volume 2

Criminal Law: The legal provisions can be read once, or twice at most. Nothing can be seen in the criminal law provisions. Most of the contents are provisions in judicial interpretations (advertisement: It is recommended to read "Criminal Law I" "This Guide" has a relatively complete explanation of legal provisions. It used to be a must for graduate students in criminal law, but now it is a must for judicial examinations.) Please read Ruan Qilin's tutorial materials and other summative knowledge.

Criminal Procedure: Legal Provisions (Focus on judicial interpretation, the key interpretations are generally mentioned in guidance books, there are just a few), summary materials (such as summarizing the period in criminal proceedings, etc.)

Administration: focus on licensing laws, Punishment Law, Reconsideration Law; it is difficult to review the parts, and the energy spent is disproportionate to the results. It is not recommended to spend too much time. Emphasis: Pay attention to the key points, pressure questions and simulation questions of each tutoring class before the exam. I heard that wwwwww is very high. I lost a lot of points in administration this year, so this suggestion is for reference only (some people suggested reading undergraduate textbooks, I also read some this year, but I feel it is not very helpful, maybe because I read less and not carefully)

Plaints: Pay attention to the rules of evidence for litigation, litigation does not seem to be the focus of the exam

Volume 3

Civil Law: Legal Articles, 60 lectures, pay special attention to the rules of contract law and the explanation of the Guarantee Law, the test is very detailed

Commercial law: legal provisions, key points of companies, bills, and insurance (if you don’t have time, you can skip reading the maritime law. Many contents overlap with international law. I haven’t read it at all this year, only in I glanced at it a few times during the lecture, and I can’t remember clearly whether it took the exam or not)

Civil Litigation: Legal Articles, Summary Materials (Comparison of the Three Major Procedural Laws)

Volume 4< /p>

The case analysis still tests the knowledge from the first three volumes, but the methods and skills of answering the questions are slightly different. Just follow the questions and make sure all the points are correct. You don’t need to answer too many questions (it’s not that you won’t be able to answer too many questions, but The time for Paper 4 is relatively tight, so you can save time to answer the big questions at the end, and the papers are graded on a point-by-point basis. If you answer too many trivial questions, the grader will not read them.)

Documentary There is nothing to say about the question, just memorize the format, the situation is different every year. The key points about the document that are revealed every year are basically accurate. Just memorize a few important ones based on gossip

I personally feel that I don’t need to spend too much time reading additional materials, even if I spend a little more time answering the questions Time, be sure to find the right point of view, and then write more