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 candidates' application of legal principles and basic legal knowledge, that is, it tests their professional abilities, and it also tests their professional ethics, that is, it tests their professional qualities, including professional ethics, and tests 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 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").

As for the specific issue of test question design, I have to mention past bar exam questions. Since the judicial examination is specifically implemented by the Ministry of Justice, and coupled with the issue of inheritance, the style of past bar examination questions is bound to have an inertia that affects the design of the judicial examination questions. It should be said that since the first bar exam was held in 1986, after 12 exams, the design of test questions has become more and more standardized and mature. The main manifestation is that the design of test questions has changed from decentralized to centralized, from easy to difficult, and from simple to complex (from initially testing only one regulation to a group of regulations to cross-departmental laws). The test question types have basically taken shape, mainly single-choice, multiple-choice, non-directional multiple-choice questions, case analysis and legal document production questions. However, looking at the previous test questions, especially the test questions in recent years, there are still the following problems to be solved.

First, the content of memory is over-tested, and the most prominent one is that too many judicial explanations are tested.

Second, the candidates' written expression ability and legal logical thinking ability are not adequately tested, especially the ability to use existing case circumstances and evidence, analyze the case, and use evidence to explain the facts.

Thirdly, the content of the examination questions that year did not reflect the new results of legal research, nor did it reflect the new requirements that the development of the times has put on the legal profession, such as governing the country according to law, administration according to law, accession to the WTO, judicial internationalization, and environmental protection. , knowledge economy, etc.

Fourth, there are not enough questions in the comprehensive examination.

Fifth, the question type is not perfect.

In response to the above problems, the new test questions should be designed to reflect the new characteristics of the judicial examination. The author believes that the judicial examination should be set as a secondary examination. According to the different characteristics of these two exams, the content of the test questions and the corresponding question types are designed respectively. The details are as follows:

The principles for designing the questions for the first examination should be: first, knowledge should be given priority and application should be taken into account; second, comprehensive examination should cover a wide range of topics; third, the outline should be based on the basics; fourth, the difficulty should be moderate to accommodate the majority. ; Fifth, the question type is objective and does not disparage the subjective. In short, the design of test questions should reflect the talent training model of general education in legal education and the basic ideas of wide caliber, solid foundation, high quality, and emphasis on application. 7 The question types of the first examination can basically inherit the question types of the bar exam, focusing on objective questions and machine marking. At the same time, fill-in-the-blank questions can be added to test the accuracy of the candidates' mastery of legal knowledge.

The principles of designing the questions for the second exam are to test understanding, application, ability and comprehensiveness (for example, the laws involved in the second question of Paper 4 in 2000 include "Company Law", "Contract Law", "Guarantee Law", "Commercial Banking Law", spanning economic law, commercial law and civil law), test tendency (that is, the tendency to determine propositions based on various current situations, for example, the design of the 2002 test questions should be conducive to serving judges and prosecutors, because Currently, a large number of first-time judges and prosecutors need to be appointed; in 2003, we should tend to select talents for foreign-related cases because China has joined the WTO), new content of the test (that is, the difference between the current year's syllabus and the previous year's syllabus), and the depth of the test , test difficulty. Regarding examination ability and application, Chen Weidong, professor and doctoral supervisor at the Law School of Renmin University of China, believes that the examination of written expression ability and logical thinking ability should be strengthened. 8. The question types are designed so that subjective test questions and objective test questions are equally divided. The objective test questions can be inherited from the multiple choice questions of the Bar Examination. In indefinite multiple-choice questions, there must be both problem groups and problem domains. For example, Question (4) of the 1999 Bar Exam Paper 2, multiple-choice question with four multiple-choice questions, examines almost all the contents related to the crime of organizing, forcing, seducing, harboring, and introducing prostitution in Section 8 of the Criminal Law. In addition to inheriting the case analysis questions and legal document production questions from the bar exam, the subjective test questions can also add a material question. Although this kind of material question also includes the content of writing legal documents based on the case, it is not completely equivalent to the legal document production question. It examines broader and deeper areas and content. This kind of material question can provide case information, evidence, judicial process, etc. Through these materials, the candidate's reading ability, analytical judgment ability, error correction ability, legal logical thinking ability, ability to analyze and use evidence, and written expression ability (for example, can Based on this material, you can write an indictment, public prosecution statement, defense statement, judgment, and issue a legal opinion, which can identify violations of procedural laws and flaws in evidence, etc.).

The specific preparation time depends on your personal learning ability. If you can master all the preparation content within one year and be able to flexibly apply it to the test question types, then you may pass the exam that year. You can start studying hard now, maybe you can pass the exam next year! I wish you success!