Comprehensive interpretation of fourteen questions
I jurisprudence, legal history, judicial system and legal professional ethics
Jurisprudence is a basic subject in judicial examination, and the annual examination syllabus will be adjusted appropriately with the new trend of academic research and political situation. So every year the outline changes and the new test center will become the same year.
Key contents of judicial examination. However, the basic knowledge points and structural framework of jurisprudence are fixed. The important knowledge points of jurisprudence focus on the essence, value, principles and rules of law.
System, retroactivity of law, legal system, operation mode of law, inheritance and transplantation of law, difference between law and morality, law and human rights, rule of law and legal system, socialist concept of rule of law and socialist country ruled by law.
Judging from the regularity of questions in recent years, jurisprudence examination pays more and more attention to the analysis and evaluation of relevant cases, examples or laws by using legal knowledge. Since 2003, a case note has been reviewed every year.
Title. The score of law gradually increased, approaching 50 points. Therefore, the position of jurisprudence is very important and deserves special attention.
The content of legal history is relatively small, and all the contents in the textbook only account for dozens of pages. The form of the exam is multiple choice, and the score is around 10. The focus of legal history has always been prominent, and the history of Chinese legal system has its own emphasis.
Korean legal thought, marriage inheritance system, judicial system, famous code, important penalty system and its entry time, law revision in the late Qing Dynasty, "preparation for constitutionalism" and so on. The history of foreign legal system mainly grasps Roman law, American Constitution and English.
The main contents of the constitution and civil law of the American judicial system, the two major legal systems and the continental legal system. These knowledge points should be understood and used to analyze related cases. Comparatively speaking, the examination questions of legal history are not difficult, and candidates get points.
The theme of.
The status and legal history of the judicial system similar to legal professional ethics, 12 points. The key content of the judicial system focuses on the basic principles of the judicial, trial, procuratorial and notarization systems. law
The key contents of legal professional ethics include the withdrawal of judges and prosecutors, and the types of behaviors of judges, prosecutors and lawyers that violate professional ethics. This part refers to the judge law, the prosecutor law and the lawyer law.
And the study of relevant laws and regulations will play a better role.
Second, civil law.
Civil law has always been the subject with the largest score in the judicial examination, accounting for 97 points in the judicial examination in 2007, so there is a saying that "the person who gets the civil law wins the world". The content of civil law is profound and necessary.
We fully understand and blend in. The judicial examination is comprehensive, but there are still key points to follow, which have been repeatedly examined in the examinations over the years.
The general principles of civil law mainly focus on the expression of will, unjust enrichment and negotiorum gestio, limitation of action, agency and special tort. The focus of property law mainly includes the change of property right, the effectiveness of property right, the existence of * * *,
Usufructuary right and security right. In the contract law, the emphasis is on the rules of offer, liability for contracting fault, contract validity, sales contract and gift contract. Marriage law mainly focuses on the distribution of husband and wife's property and debts and the collection of inheritance law.
Important test sites on heritage distribution II. Intellectual property law is about 14, copyright law is the key, and the test questions are the most difficult. At present, the proposition of intellectual property law is increasingly focused on the determination of infringement. book
Copyright law is also easy to evaluate the subject of rights, fair use and content of rights. Patent law is easy to examine the novelty of patents, and trademark law is easy to examine the conditions for the formation of trademarks. With the intellectual property law paying more and more attention to rationality.
In the exam, the questions are almost imaginary cases, and it is absolutely impossible for candidates to just review the law. It is suggested to read the textbooks carefully on the basis of a comprehensive understanding of relevant laws, administrative regulations and judicial interpretations.
Three. criminal law
I believe it goes without saying that everyone understands the important position of criminal law. Criminal law is also a subject that embodies the characteristics of "the most important person is always important" in judicial examination. In the general principles of criminal law, we should focus on the basic principles of criminal law, the constitution of crime,
Exclude the causes of crime, the constitution of crime, the form of crime termination and its punishment, the form of the number of crimes, the types of punishment and the principle of combined punishment for several crimes. Among the charges in the specific provisions of the Criminal Law, theft, robbery, kidnapping, intentional homicide, intentional injury,
Rape, trafficking in women and children, fraud, corruption and bribery have been the focus of investigation over the years and must be firmly grasped.
The examination questions of criminal law are more difficult and need more energy to review. In addition to the careful grasp of teaching materials, relevant judicial interpretations and criminal law amendments are also key contents.
Four. Constitution and administrative law
The score of the judicial examination constitution is about 20 points. There are many contents in the constitution, but it is not difficult to examine it. Although it focuses on the review of laws, there is a tendency to strengthen the review of theories in recent years, which is discussed.
The emergence of the topic also requires candidates to master the basic theory of the constitution. The focus of the constitution is mainly on the basic rights and obligations of citizens, the power of state organs, the electoral system, the legislative system and the key contents of the Basic Law of Hong Kong and Macao.
Administrative law is difficult to master because of its disciplinary characteristics and theoretical depth. In judicial examination, the content of administrative law examination is complex, the questions are flexible, and candidates are not easy to score. Administrative law involves administrative management.
Basic theory of law, administrative reconsideration, administrative licensing, administrative punishment, government procurement, civil service law, state compensation law and emergency regulations. The examination of administrative procedure law focuses on evidence and civil procedure.
The difference. In addition, it should be noted that since 2003, the essay questions of administrative law have been tested for three years, all of which are the basic principles of administrative law, requiring a deep understanding of administrative law.
More profound than other disciplines.
Verb (abbreviation of verb) civil complaint
Judging from the types of questions, whether it is single choice, multiple choice, indefinite choice or case analysis, there are questions to examine the civil procedure law. The score is about 70 points, and it is also the "big family" of the judicial examination.
Civil procedure law is a procedural law, which should be studied according to the beginning, progress and end of the procedure. Judging from the contents of judicial examination questions over the years, jurisdiction and trial procedure are the inevitable focus. In addition, first,
Three people, * * * with litigation, evidence, mediation, property preservation and prior execution, execution, etc. It is also an important content. The Arbitration Law mainly focuses on the relationship between litigation and arbitration, arbitration agreement, arbitration procedure, revocation of arbitration award and so on.
And implementation. As a procedural law, almost all the questions in the judicial examination can be based on the law. Therefore, it is very important to master the civil procedure law, arbitration law and their related judicial interpretations. however
With the increase of theoretical examination in the judicial examination as a whole, we should also pay attention to the current theoretical hotspots. For example, there was a topic of public interest litigation in 2006.
Criminal proceedings of intransitive verbs
The criminal procedure law is a procedural law, which is slightly higher than the civil procedure in terms of score. It has more contents, more detailed procedures and is more difficult to master. Specifically, the review of laws and regulations is necessary and very important.
An effective method. There are many important contents in criminal proceedings, focusing on jurisdiction, investigation procedure, lawyer's rights in investigation stage, withdrawal, defender, trial procedure, summary procedure, criminal incidental civil action, death penalty review and so on.
Program. Especially when dealing with a case, we should pay attention to the mutual connection and restriction between the public, the procuratorial organ and the law. In addition, the basic theory of criminal procedure law is also a hot topic in recent years, and there is also the possibility of discussing problems, which should not be taken lightly.
To get high marks in criminal proceedings, we should keep in mind the criminal procedure law, the interpretation of criminal proceedings and the rules of higher-level procuratorates.
Seven. Commercial law and economic law
The department laws examined in the commercial law part include: company law, partnership enterprise law, enterprise bankruptcy law, insurance law, negotiable instrument law, maritime law, sole proprietorship enterprise law and Sino-foreign cooperative operation.
Enterprise law and foreign-funded enterprise law. The score of commercial law is about 50 points, and the newly revised law will become the annual focus. Among them, company law is the traditional focus, followed by insurance law and bill.
Law ",these two laws will also examine the basic theory. Therefore, the study of commercial law should not only pay attention to the legal provisions, but also pay attention to the discussion of teaching materials or the teacher's explanation. The score of economic law is about 40, and there are many departmental laws examined. Including: labor law, securities law, anti-unfair competition law, auction law, bidding law, consumer rights protection
Law protection, product quality law, land management law and its implementation regulations, land contracting law, individual income tax law, enterprise income tax law, tax collection and management law, commercial banking law,
Banking supervision law, environmental protection law, urban real estate management law, accounting law, audit law.
Among them, the Labor Law and the Land Law are the same focus, and other separate laws have the same status. Some theories of economic law are weak, and most of them are legal issues. So it is the simplest way to review.
The law is to read the legal provisions repeatedly. In the review, we can't ignore the administrative regulations related to the separate law, such as the Regulations for the Implementation of the Land Administration Law and the Detailed Rules for the Implementation of the Tax Collection Administration Law, which became the evaluation objects in 2007.
Eight, The Romance of the Three Kingdoms
The score of international law in the exam is about 40, which seems difficult to understand and master, but it is actually easy to score. First of all, public international law can be said to be the simplest law of the Three Kingdoms, mainly relying on memory. international
The public law test sites are scattered, and almost every chapter has a topic. The content of each chapter turns to examine the topic, but the topic is not difficult. It mainly involves national jurisdiction, national immunity, nationality, extradition, recognition and succession in international law, and China.
International legal responsibility, law of the sea area, diplomatic and consular immunity, treaties, laws of war, international dispute settlement, etc.
The topic of private international law is moderately difficult. The test questions focus on China's private international law legislation, including civil and commercial law application legislation, foreign-related civil litigation legislation, international commercial arbitration legislation and interregional private international law.
Legislation, because the total number of legislative provisions of private international law in China is small, the examinable parts are very concentrated, and the test sites are relatively easy to master. In addition, identification, renvoi, conflict norms, identification of foreign laws, preservation of public order and
Concepts such as applicable law must be understood.
International economic law is the most difficult of the three kingdoms laws, but the focus is very concentrated, that is, in the international trade part. Because of the strong applicability and flexibility of international economic law, this is particularly important in the review of international economic law.
Master international trade terms, United Nations Sales Contract Convention, bill of lading transportation, insurance, collection and letter of credit, "two opposites and one guarantee", the scope of application of foreign trade law, WTO dispute settlement mechanism, intellectual property treaties and investment insurance.
Risk and other knowledge points, while remembering, while understanding, on this basis, analyze the legal relationship and find out the rights and obligations of the parties.