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Detailed interpretation of each subject of the Judicial Examination

1. Jurisprudence, legal history, judicial system and legal professional ethics

Jurisprudence is a basic subject in the judicial examination. The annual syllabus will follow the academic research and political Make appropriate adjustments to new trends in the situation. Therefore, every year's syllabus changes and new test points will become the focus of the judicial examination that year. However, the basic knowledge points and structural framework of jurisprudence are fixed. The important knowledge points of jurisprudence focus on the nature of law, the value of law, the relationship between legal principles and legal rules, the retroactivity of law, the legal system, the operation of law, the inheritance and transplantation of law, law and morality, law and The difference between human rights, rule of law and legal system, as well as the concept of socialist rule of law and a socialist rule of law country.

According to the pattern of question setting in recent years, jurisprudence tests increasingly focus on the use of legal knowledge to analyze and evaluate relevant cases, instances or legal provisions. Since 2003, a jurisprudence essay question has been tested every year. The score of jurisprudence has also gradually increased, approaching 50 points. Therefore, the status of jurisprudence is very important and deserves special attention.

The content of legal history is relatively small. All the content in the textbook only occupies a few dozen pages. The test is in the form of multiple-choice questions, and the score is around 10 points. The focus of legal history has always been relatively prominent. The history of Chinese legal system focuses on the legal thought of various dynasties, the marriage and inheritance system, the judicial system, codes of law, important penal systems and the time of their entry into law, the revision of laws in the late Qing Dynasty, and "preparatory constitutionalization". The history of foreign legal systems mainly covers the main contents of Roman law, the American Constitution, the British and American judicial system, the two major legal systems, and the constitution and civil law in the civil law system. These knowledge points must be understood and used to analyze relevant cases. Comparatively speaking, the questions in the legal history exam are not very difficult and it is a subject where candidates can score points.

The status of the judicial system and legal professional ethics is similar to that of legal history, with scores around 12 points. The key content of the judicial system focuses on the basic principles of justice, the basic principles of trial, procuratorial, and notarization systems. The key contents of legal professional ethics include the recusal of judges and prosecutors and the types of violations of professional ethics by judges, prosecutors and lawyers. This part of the content refers to the "Judges Law", "Prosecutors Law", "Lawyers Law" and related laws. Standardized learning will achieve better results.

2. Civil Law

Civil law has always been the subject that accounts for the most points in the judicial examination, so there is a saying that "those who master civil law conquer the world." The content of civil law is broad and profound and requires us to fully understand and integrate it. The judicial examination is relatively comprehensive, but there are still key points to follow, and these key points have been tested repeatedly in the exams over the years.

The general principles of civil law mainly focus on key contents such as expression of intention, unjust enrichment and management without cause, statute of limitations, agency, special torts, etc. The focus of property rights law mainly includes changes in property rights, effectiveness of property rights, ownership, usufruct rights, and security rights. In contract law, the focus is on offer rules, liability for fault in contracting, validity of contracts, sales contracts and gift contracts, etc. Marriage law mainly focuses on the joint property and debt obligations of husband and wife, while inheritance law focuses on the important consideration point of distribution of inheritance. Intellectual property law is about 14 points, "Copyright Law" is the focus, and the difficulty of the test questions is also high. Current intellectual property law propositions are increasingly focused on the identification of infringements. The Copyright Law also makes it easy to assess the rights owner, fair use and content of the rights. The "Patent Law" makes it easy to assess the novelty of a patent, and the "Trademark Law" makes it easy to assess the constitutive conditions of a trademark. Since intellectual property law is increasingly focused on theoretical examinations, and test questions are almost all made-up cases, it is absolutely impossible for candidates to just review legal provisions. It is recommended to read the textbooks carefully or receive training and coaching based on a comprehensive understanding of relevant laws, administrative regulations and judicial interpretations.

3. 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 characteristic of "the serious ones will always be weighed" in the judicial examination. In the general principles of criminal law, it focuses on mastering the basic principles of criminal law, the composition of crimes, the exclusion of criminal causes, criminal offenders, the cessation of crimes and their penalties, the number of crimes, types of punishments, and the principle of concurrent punishment for several crimes.

Among the crimes in the criminal law, theft, robbery, kidnapping, intentional homicide, intentional injury, rape, abduction and trafficking of women and children, fraud, corruption and bribery have been the focus of examinations over the years and must be firmly grasped. The criminal law test questions are more difficult and require more energy to review. In addition to a detailed grasp of the teaching materials, relevant judicial interpretations and criminal law amendments are also key contents.

4. Constitution and Administrative Law

The Constitution accounts for about 20 points in the judicial examination. The Constitution has a lot of content, but the examination is not very difficult. Although it focuses on the examination of legal provisions, in recent years there has been a trend of strengthening the examination of theory, and the emergence of essay questions also requires candidates to grasp the basic theory of the Constitution. The focus of the Constitution is mainly on the basic rights and obligations of citizens, the powers 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 more difficult to master due to its subject characteristics and theoretical depth. In the judicial examination, the examination of administrative law has complex content and flexible questions, making it difficult for candidates to score. Administrative law involves the basic theory of administrative law, administrative review, administrative licensing, administrative penalties, government procurement, civil servant law, state compensation law, emergency regulations, etc. The examination of administrative procedure law focuses on evidence and the differences from civil procedure. In addition, what needs special attention is that since 2003, essay questions on administrative law have been taken for three years, and they all test the basic principles of administrative law. This requires a deeper grasp of administrative law than other subjects. Be profound.

5. Civil Procedure

From the perspective of question types, whether it is single-choice questions, multiple-choice questions, indefinite-choice questions or case analysis, there are questions that examine civil procedure law. . The score is about 70 points, and it is also a "big player" in the judicial examination. Civil procedure law is a procedural law, so it is advisable to learn according to the process of starting, proceeding and ending the procedure. Judging from the content of the judicial examination questions over the years, jurisdiction and trial procedures are inevitable focuses. In addition, third party and contractual litigation, evidence, mediation, property preservation, advance execution, execution, etc. are also important contents. The arbitration law section mainly focuses on the relationship between litigation and arbitration, arbitration agreements, arbitration procedures, and the revocation and enforcement of arbitral awards. As for procedural law, almost all the questions in the judicial examination can be based on legal provisions. Therefore, it is very important to master the "Civil Procedure Law", "Arbitration Law" and their related judicial interpretations. However, as the overall judicial examination The intensity of theoretical examination has been intensified, and current theoretical hot spots must also be paid attention to.

6. Criminal Procedure

Criminal Procedure Law is a procedural law, and compared with civil litigation, it has a slightly higher score than civil litigation. It has more content, more detailed procedures, and is more difficult to master. Specifically, reviewing legal provisions is a necessary and very effective method. There are many important contents in criminal proceedings, focusing on jurisdiction, investigation procedures, lawyers' rights in the investigation stage, avoidance, defenders, trial procedures, summary procedures, criminal incidental civil lawsuits, and death penalty review procedures. In particular, we must pay attention to the mutual connections and restrictions between the public prosecutor, the procuratorate, and the law when handling a certain case. In addition, the basic theory of criminal procedure law has also been a hot topic in recent years, and there is also the possibility of essay questions, which should not be taken lightly. To get high marks in the criminal procedure part, legal provisions such as the Criminal Procedure Law, the Interpretation of Criminal Procedure, and the High Procuratorate Rules must be memorized.