Article 4 of the announcement of the Ministry of Justice of Lianggao and Hehe pointed out that the proposition scope of the national judicial examination was determined in principle according to the outline of the 200 1 lawyer qualification examination issued by the Ministry of Justice and the outline and outline of the preliminary examination for judges and prosecutors issued by the Supreme People's Court and the Supreme People's Procuratorate. The examination subjects and contents will be appropriately adjusted according to the examination implementation measures formulated by the three universities, and the adjustment content, examination time and organization will be notified separately by the Ministry of Justice. In this way, we can see that the examination subjects, examination contents and proposition scope of the national judicial examination will be based on the examination implementation methods formulated by the three universities. At present, the examination implementation methods formulated by the three universities cannot come out soon; Then, what and how to take the national judicial examination is a realistic problem for every candidate. Then, what will be tested in the National Judicial Examination and how will it be tested? As Marxist dialectics tells us, nothing new can be a total negation of the old, but can be overcome and preserved, and it is to take its essence and discard its dross. The same is true of the national judicial examination, a new thing. We can't completely deny the law examination, that is, the examination for newly appointed judges and prosecutors, but it should keep its scientific and reasonable things and develop at the same time. Law examination has been standardized and scientific after 1986 to 12 times in 2000, and the examination for new judges and prosecutors has been held several times, but it is not large enough and mature enough. Therefore, we believe that the national judicial examination should mainly inherit the essence of law examination, absorb the reasonable core of the examination for new judges and prosecutors, and develop at the same time. This development trend should be more difficult than the examination of lawyers, new judges and prosecutors, and pay more attention to the examination of legal theory. At the same time, the examination should be stricter, more standardized and more transparent. Through the above analysis, we think that if we master the outline of the law examination and the contents of the teaching materials, we will basically master the contents of the national judicial examination, that is, what to test. One thing to remind candidates here is that the contents of the national judicial examination will definitely include the Judges Law of People's Republic of China (PRC) and the Public Prosecutors Law of the People's Republic of China. As for how to take the exam, we think that the national judicial exam should be more difficult than the law exam, and increase the examination volume of legal theory questions, instead of paying special attention to practical exams like the law exam. It can be seen that if you win the law exam, you will basically win the national judicial exam. So, how can we win the national judicial examination? ?
Second, how to review?
According to the statistics of law examination questions in recent years, it has always been the focus of the proposition to specify the new content of teaching materials every year. Below, the author focuses on the changes in the content of the 200 1 law examination textbook. It is believed that these changes will also be the focus of the first national judicial examination in 2002. ?
(1) Jurisprudence and Constitutional Law?
As far as jurisprudence is concerned, firstly, in 2000, the syllabus and teaching materials were eleven chapters, while in 20001there were only five chapters; Second, some knowledge points have been added or deleted in the syllabus and teaching materials of 200 1. For example, legal reasoning is added in the chapter of "Operation of Law" and knowledge points such as "Form and Content of Law" are added in the section of "Legal Norms"; Deleted knowledge points such as "legal justice" and "legal profession". These changes show that the syllabus and teaching materials of 200 1 have absorbed some new research results in the theoretical circle; Thirdly, the outline and teaching material design of 200 1 has strengthened the concern about the existing legal system and the construction of socialist rule of law in China. For example, a new knowledge point "One Country, Two Systems and the Legal System Construction in Contemporary China" has been added to the section "Legal Department and Legal System". More obviously, in the chapter of "Legal System and Rule of Law", knowledge points are basically designed around the socialist legal system and rule of law, such as "Historical stage of socialist legal system construction in new China: experience and lessons", "symbol of the realization of socialist country ruled by law and its problems", while more abstract knowledge points such as "theoretical basis of rule of law" are not listed as test sites; Fourth, the expression of some knowledge points has changed. For example, in 2000, the textbook directly defined the concept of law, while in 200 1 textbook, the meaning of Chinese character "law" in China and the meaning of "law" in western countries started, which expanded the extension of law. For another example, the textbook of 200 1 changed "the value of law" to "the function of law", and thought that the characteristic of law was "procedural" and so on. Candidates should pay attention to these changes when preparing for the exam. ?
As far as the constitution is concerned, first of all, the new syllabus and teaching materials of 200 1 adjust the knowledge points of relevant chapters. For example, in the chapter of "Basic Theory of the Constitution", three sections, namely, the basic principles of the Constitution, the functions of the Constitution and the Constitution and Constitutionalism, were added, which aggravated the theoretical nature. Another example is to put the section on "Interpretation of the Constitution" in the chapter on "Implementation and Guarantee of the Constitution", and merge the people's democratic dictatorship system, the people's congress system, the election system, the system of regional ethnic autonomy and the system of special administrative regions into the basic system of the country (up and down). These changes may be related to China's preparation to join the WTO. As a new chapter, "the implementation and guarantee of the constitution" is related to emphasizing and ensuring the basic position of the constitution in the construction of socialist rule of law. In short, candidates should be keenly aware of these new knowledge points and the adjustment of knowledge points, which are likely to be the focus and hot spot of the proposition. Secondly, the content and expression of specific knowledge points have also changed. For example, in the textbook of 2000, the characteristics of "constitutional norms" were considered as "fundamental, supreme, extensive, general, adaptable and stable", while in the textbook of 200 1, they were considered as "fundamental, supreme, principled, programmatic and relatively stable". There is no right or wrong in these two statements, but if it is a multiple-choice question, it is easier to lose points. ?
(2) Administrative Law and Administrative Procedure Law?
200 1 the outline and teaching materials of administrative law and administrative procedure law are quite different from those in 2000. In the arrangement of teaching materials, 2000 is divided into two books, namely administrative law and administrative procedure law. 200 1, only one, both substantive administrative law and procedural administrative procedure law; Structurally, it is divided into three parts: administrative law, administrative procedure law and state compensation. ?
In chapter arrangement, there are some new changes in the syllabus and teaching materials of 200 1 compared with 2000. Some changes in administrative law, such as "administrative coercion" as a section, belong to the content of the chapter "administrative handling"; Another example is to cancel the chapter of "administrative procedures" and inform their respective procedures in various specific administrative acts. In the part of administrative procedure law, the chapter of "foreign-related administrative litigation" was deleted and several chapters were merged. For example, the two chapters of "judgments, rulings and decisions of administrative litigation" and "execution of administrative litigation and execution of non-administrative litigation" are merged into one chapter "administrative litigation is closed". In the part of state compensation, for the sake of brevity, the chapter unrelated to "state compensation expenses" has been deleted. ?
In terms of specific knowledge points, some new contents have been added to the syllabus and teaching materials of 200 1, and the expressions of some knowledge points have also changed. For example, in the classification of administrative acts, the syllabus and teaching materials of 200 1 have added several categories, such as unilateral administrative acts and bilateral administrative acts, necessary administrative acts and unnecessary administrative acts, administrative final adjudication acts, and state acts. For another example, in 2000, the syllabus and teaching materials thought that "collegiate bench, recusal, public trial and final trial by second instance" were the basic principles of administrative litigation, while in 20001,the syllabus and teaching materials thought that it was the basic system of administrative litigation, not the basic principles. At the same time, the special system in the trial of administrative cases is added as a section, and eight knowledge points, such as withdrawal of charges, postponement of trial procedures and suspension of execution of specific administrative acts, are added as test sites. For these changes in details, candidates can't ignore them and pay attention to them. ?
(3) criminal law?
After the revision of Criminal Law of People's Republic of China (PRC) 1997, with the change of social situation, the National People's Congress Standing Committee (NPCSC) has successively passed amendments and legislative interpretations on some specific issues, and the Supreme People's Court has even issued several judicial interpretations. In the collection of laws and regulations of 200 1, compared with 2000, there are 10 legislative and judicial interpretations of laws and regulations in criminal law, that is, the NPC Standing Committee's interpretation of the second paragraph of Article 93 of the Criminal Law of People's Republic of China (PRC). Provisions of the Supreme People's Court on Several Issues Concerning the Application of Property Punishment, Interpretation on Several Issues Concerning the Specific Application of Law in Handling Surrender and Meritorious Service, Provisions on Several Issues Concerning the Specific Application of Law in Handling Cases of Commutation and Parole, Interpretation on Several Issues Concerning the Specific Application of Law in Hearing Criminal Cases of Traffic Accidents, Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Robbery Cases, Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Cases Disrupting the Management Order of the Telecommunication Market, Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Destruction of Forest Resources, Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Cases of Misappropriation of Public Funds. Candidates should pay attention to these new legislative and judicial interpretations. On the one hand, 10 legislative and judicial interpretations have been added. On the other hand, compared with 2000, the criminal law outline 5438+0 in 2006 has also undergone obvious changes in the arrangement of teaching materials, the selection of knowledge points, the combination of contents and the expression of words. First, the titles of some chapters have changed, such as "excluding criminal acts" to "excluding criminal causes" and "attempted crimes" to "intentional criminal forms". Second, the syllabus and teaching materials of 200 1 add some theoretical knowledge points. For example, in the chapter "Introduction to Crime", a section "Classification of Crime" was added, which classified crimes theoretically and legally. Theoretical classification is "felony and misdemeanor, natural crime and statutory crime, intermittent crime and non-intermittent crime"; The law is classified as "national crime and ordinary crime, identity crime and non-identity crime, pre-prosecution crime and non-prosecution crime, basic crime, aggravated crime and mitigated crime". For another example, in the chapter "* * * and crime", four types of * * * and crime are classified. All these indicate that this year's criminal law proposition will be further inclined to the theory while leaning to the theory last year. Third, the change of knowledge details. For example, in terms of the spatial application scope of criminal law, the 2000 syllabus and teaching materials are divided into territorial jurisdiction, personal jurisdiction, protective jurisdiction and universal jurisdiction, while the 20001syllabus and teaching materials are called "principles applicable to domestic criminals", "principles applicable to foreign criminals" and "recognition of foreign criminal judgments". Candidates should also pay attention to these changes in details. Four, for the new legislation and judicial interpretation compiled this year, the 200 1 textbook has also updated or added the contents of corresponding knowledge points. For example, in the main body of the crime of corruption, the explanation of "other persons engaged in public affairs according to law" has been added to explain who is included. Changes like this, whether from the compilation of laws and regulations or from teaching materials, should be focused on. ?
(4) Civil law?
Compared with 2000, the mandatory provisions of the civil law in 2000 1 were slightly adjusted, with the addition of1regulations and three judicial interpretations, namely, People's Republic of China (PRC) Adoption Law and the Supreme People's Court's Interpretation on Several Issues Concerning the Application of People's Republic of China (PRC) Contract Law and People's Republic of China (PRC) Guarantee Law. These three judicial interpretations are more important than the first two. Contract Law 1999 was newly passed and was first tried out in 2000. The requirements are still low, and the difficulty will definitely increase this year. Although the judicial interpretation was adopted by 1999, its provisions will definitely be questioned. The judicial interpretation of the guarantee law is newly adopted and coincides with the formulation of the property law, which will also become a problem. At the same time, the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) have been deleted, probably because the Detailed Rules for the Implementation of the Patent Law are too complicated and professional, and the general lawyer's business is rarely involved unless lawyers specialize in patents. This also reflects the attention and attention to practicality in the law examination. ?
Like the criminal law, the outline and teaching materials of civil law in 200 1 Law Examination have changed greatly compared with those in 2000 in terms of style arrangement, knowledge selection, content combination and text expression. First, there are some changes in chapter adjustment, such as "tort" as a separate chapter, no longer in "civil liability"; Cancel the chapter "Neighborhood Relationship" and take it as a knowledge point in the section "Real Estate Ownership". The second is to add a lot of new knowledge points. For example, the chapter on "things and securities", the section on "changes in property rights" and the increase in the classification of property rights in civil law should be related to the enactment of the Property Law. The examination weight of property law may increase, the difficulty should be improved, and the theory should be paid attention to. For another example, adding three chapters of "performance of debt", "preservation and guarantee of debt", "transfer and elimination of debt" and "liability for fault in contracting" shows that the proposition of debt and contract in 200 1 will be further emphasized in theory and the difficulty of the test questions will be further improved. Candidates should grasp the direction of this proposition. Third, the understanding and expression of some knowledge points are different. For example, for the classification of personality rights, the outline and teaching materials of 200 1 think that there are general personality rights besides the specific personality rights such as the right to life, the right to body and the right to health, that is, "the general rights with all the personality interests of civil subjects as the target, usually including personal freedom, dignity, independence and equality." For another example, the outline and teaching materials of 200 1 think that "liquidation, offset, escrow, exemption and confusion" are both the reasons for the termination of contractual rights and obligations and the elimination of debts. Candidates should pay attention to the above changes. ?
(5) Procedural law and lawyer system?
Regarding procedural law and lawyer system, there were three textbooks in 2000, namely, Criminal Procedure Law, Civil Procedure Law, Arbitration Law, Lawyer System and Lawyer Practice. 200 1 These three textbooks are combined into one, which is divided into four parts: criminal procedure law, civil procedure law, arbitration law and lawyer system. In addition, the selection of knowledge points in the syllabus and the focus of teaching materials have changed greatly, and laws and regulations have also been adjusted. ?
Criminal procedure law. 200 1 Provisions of the Supreme People's Court on the Scope of Accepting Cases in Criminal Incidental Civil Lawsuits have been added to the mandatory regulations, and at the same time, Provisions of the Supreme People's Procuratorate on the number and standard of cases directly accepted for investigation by procuratorial organs (for Trial Implementation), Reply on whether the cases submitted for approval of arrest can be investigated, and Reply of the Supreme People's Court on whether the defendant of the People's Court of Second Instance should entrust a defender if he has not. Secondly, 200 1 adopts the method of simplifying and merging chapters in the style and content of the syllabus and teaching materials. For example, the defense and criminal litigation agency are combined into one chapter as defense and agency, the first-instance procedure of public prosecution cases, the initiation of private prosecution cases and the trial and summary procedure in the trial are combined into one chapter as the first-instance procedure, and the private prosecution is classified as the prosecution chapter. Third, there are differences in views and expressions of some knowledge points. For example, the outline and teaching materials of 200 1 think that "strictly observing legal procedures" and "public trial" are also the basic principles of criminal procedure law, and put forward two new theoretical terms: "evidential ability" and "probative force" as test sites, arguing that evidence must have probative ability and probative force. For another example, the textbook in 2000 thinks that the burden of proof is also called the burden of proof, and the two are the same thing. 200 1 Textbook holds that the burden of proof is different from that of proof. The burden of proof means that "public security organs, people's procuratorates and people's courts should collect evidence to prove the facts of the case", and the burden of proof means that "at the trial stage, accusers and defenders are obliged to present evidence to the people's courts to prove their claims". Candidates should pay attention to these changes. ?
Civil procedure law. First, there are some changes in the chapters, adding many new knowledge points. If "litigation" is added as a chapter, civil litigation evidence is divided into two chapters, namely "civil evidence" and "civil litigation proof"; At the same time, many new knowledge points have been added, such as "the object of litigation" and "the probative force of civil evidence". It can be seen from these changes that the Civil Procedure Law of 200 1 requires a higher degree of theoretical mastery than that of 2000, especially litigation and evidence proof. Second, there are differences in views and expressions of some knowledge points. For example, in the process of giving evidence, the vague differences between the syllabus and the textbook in 2000 are "burden of proof", "receipt and preservation of evidence" and "examination and judgment of evidence", while the syllabus and textbook in 200 1 are clearly divided into "giving evidence, cross-examination and authentication", which is related to the judicial reform and the formulation of the civil evidence law. For another example, the textbook and outline of 200 1 clearly point out that "the standard of proof in civil litigation can be lower than that in criminal litigation" and "the standard of proof in probability can be implemented in civil litigation", which is closely related to the formulation of civil evidence law and the development of evidence law theory. ?
Arbitration law. In terms of laws and regulations, the Supreme People's Court's Letter on the Validity of Arbitration Clauses of Selecting Two Arbitration Institutions at the Same Time, Reply on whether the parties can appeal after the people's court decides to cancel the arbitration award or reject the application of the parties, Notice on the cancellation of the foreign-related arbitration award by the people's court, Reply on several issues of confirming the validity of the arbitration agreement, and Reply on whether the arbitration award made by the China arbitration institution can be partially revoked and the Arbitration Rules of China International Economic and Trade Arbitration Commission (2008) can be added. These new judicial interpretations and regulations involve arbitration agreement, application for cancellation of arbitration award and foreign-related arbitration respectively, and candidates should pay enough attention to them. ?
In the part of lawyer system, compared with the syllabus and teaching materials in 2000, eight chapters on lawyer practice, such as "lawyers handling criminal cases", "lawyers participating in civil litigation" and "lawyers handling real estate legal affairs", have been deleted, and the remaining chapters and knowledge points have not changed much. ?
(6) Commercial law and economic law?
Compared with the economic law, the commercial law of 200 1 has changed greatly in 2000. First, two textbooks in 2000, 200 1, were merged into one textbook and divided into two parts. Second, many laws, regulations and judicial interpretations were added, totaling 17, and four laws, regulations and judicial interpretations were cancelled. Third, the specific knowledge points and contents have changed greatly. ?
In terms of commercial law, the added provisions and judicial interpretations include the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the Enterprise Bankruptcy Law of the People's Republic of China (Trial) and the Decision on Several Issues Concerning the Trial of Bills Disputes. Notice on Printing and Distributing Provisions on the Scope of Accepting Cases by Maritime Courts, Specific Provisions on Jurisdiction of Foreign-related Maritime Litigation, Specific Provisions on Compensation for Damages in the Trial of Cases of Personal Injury and Death at Sea (for Trial Implementation), Provisions on Arrest of Ships before Litigation by Maritime Courts, Provisions on Auction of Arrested Ships to Pay off Debts by Maritime Courts, and Except for the Implementation Regulations of the Law of the People's Republic of China on Chinese-foreign Joint Ventures, etc. In addition, the Law of People's Republic of China (PRC) on Sino-foreign Joint Ventures, the Law of People's Republic of China (PRC) on Sino-foreign Joint Ventures and the Law of People's Republic of China (PRC) on Sino-foreign Joint Ventures have also been revised. Accordingly, some knowledge points in the chapters of Maritime Law, Sino-foreign Joint Venture Law, Sino-foreign Joint Venture Law and Foreign-funded Enterprise Law have also changed accordingly, and candidates should pay attention to them. The rest of the chapters have not changed much. ?
The change of economic law is greater than that of commercial law. First of all, in terms of laws and regulations, the Measures for Inspection of Securities Companies, General Rules on Loans, People's Republic of China (PRC) Auction Law, People's Republic of China (PRC) Bidding Law, People's Republic of China (PRC) Customs Law, People's Republic of China (PRC) Accounting Law and People's Republic of China (PRC) Accounting Law have been added. Opinions on Several Issues Concerning People's Republic of China (PRC) Labor Law, People's Republic of China (PRC) Grassland Law, People's Republic of China (PRC) Soil and Water Conservation Law, China People's Bank Law of the People's Republic of China and People's Republic of China (PRC) Enterprise Labor Dispute Handling Rules were excluded. Secondly, the style and title of the chapter are adjusted and some new knowledge points are added. For example, the Anti-Unfair Competition Law was changed to the Competition Law, and knowledge points such as Auction Law and Bidding Law were added. Change the Tax Law into the Financial Tax Law and add some knowledge points such as Customs Law, Accounting Law and Audit Law. Expand the "labor law" to "labor law and social security law"; Change the Land Management Law into the Land Law and Real Estate Law, and so on. These adjustments are accompanied by changes in knowledge points and content, and candidates should pay attention. ?
(7) International law, private international law and international economic law?
In 2000, international law, private international law and international economic law were divided into three textbooks, and 200 1 had only one textbook, which was divided into three parts. This is a big change in style. In terms of laws and regulations, People's Republic of China (PRC) Law on Concluding Treaties and People's Republic of China (PRC) Law on Extradition have been added to international law. In the part of international economic law, the Convention on the Settlement of Investment Disputes between Nationals of Other Countries and the Notice of the Supreme People's Court on Forwarding Several Issues Concerning the Implementation of the United Nations Convention on Contracts for the International Sale of Goods by MOFTEC were added, while the Uniform Customs and Practice for Documentary Credits (No.500) was cancelled and Incoterms 1990 was replaced by Incoterms 2000. In the part of private international law, the Notice of the Supreme People's Court, the Ministry of Foreign Affairs and the Ministry of Justice on Several Issues Concerning the Mutual Entrustment of Legal Documents between China Courts and Foreign Courts through Diplomatic Channels, the Notice on the Implementation of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the Notice on the Implementation of Sino-foreign Judicial Assistance Agreements and the Notice on the People's Courts Handling Foreign-related Arbitration and Foreign-related Arbitration Matters have been added. Provisions on the procedure for China citizens to apply for recognition of divorce judgments of foreign courts; Provisions of the Supreme People's Court, the Ministry of Foreign Affairs and the Ministry of Justice on the implementation procedures for serving civil or commercial judicial documents and extra-legal documents abroad; Notice of the Ministry of Justice, the Supreme People's Court and the Ministry of Foreign Affairs on printing and distributing the Measures for the Implementation of the Hague Convention; Convention on the service of civil or commercial judicial documents and extrajudicial documents abroad; And notice on bringing civil affairs from abroad. ?
Other changes, as far as international law is concerned: First, the arrangement of chapters has changed. For example, the chapter "Law of War and Armed Conflict" was deleted from the syllabus and teaching materials of 200 1; Taking "international organizations" as a part of "subjects of international law"; Integrate "international law of the sea", "international space law" and "territory in international law" into "spatial division in international law" as a chapter. Second, some new knowledge points have been added, such as "international criminal responsibility", "international liability for compensation", "characteristics and principles of international environmental law" and "major systems of international environmental protection", which are all related to social hotspots in recent years. Third, some knowledge points have also changed in understanding and expression. For example, in 2000, the syllabus and textbooks regarded "Basic Principles of International Law" as "principles of mutual respect for sovereignty and territorial equality, mutual non-aggression, non-interference in each other's internal affairs, equality and mutual benefit, peace, national self-determination, peaceful settlement of international disputes and faithful performance of international obligations". The textbook and outline of 200 1 consider it as "the principle of sovereign equality of countries, the principle of non-interference in internal affairs, the principle of non-use of threat or force, the principle of peaceful settlement of international disputes, the principle of national equality and self-determination, and the principle of fulfilling international obligations in good faith". ?
In the part of private international law, the style changes of the syllabus and teaching materials such as "human identity and ability", "legal act, agency and prescription", "property right and intellectual property right", "creditor's rights", "family" and "inheritance" are unified into the chapter of "application of international civil and commercial law", and the chapter of "international unified substantive law" is deleted. In the "commercial relations" part, the knowledge points such as "the legal application of maritime relations" and "the legal application of civil aviation relations" have been added. In addition, due to the increase of a large number of laws and judicial interpretations, the elaboration of corresponding knowledge points has also changed. ?
The syllabus and textbooks of international economic law have changed more than those of private international law. In 2000, the syllabus and textbooks were divided into twelve chapters, while in 20001there were only nine chapters. International legal protection of intellectual property rights, international investment law and international tax law have all been reduced from chapter to chapter, and international business practices have also been listed as a section on international trade in goods. The choice of knowledge points is also different. For example, the syllabus and textbooks in 2000 mentioned "international factoring" in the payment methods of international trade, but 200 1 did not mention this knowledge point. Knowing the changes in the syllabus, teaching materials and compulsory laws and regulations of 200 1 Law Examination can help us prepare and review the first national judicial examination. Specific suggestions are as follows:
First of all, candidates should have a comprehensive understanding of the outline, teaching materials and mandatory laws and regulations of the 2000 and 20001year law examinations. Candidates should memorize the outline of 200 1 and try to find out the differences from the outline of 2000, especially the new knowledge points and knowledge points that have changed greatly, which should be the focus of review. Candidates should also focus on reviewing newly added regulations and judicial interpretations, as well as updated regulations and judicial interpretations, which are as important as basic regulations and key regulations such as the Constitution, Criminal Law, General Principles of Civil Law and Contract Law. As mentioned above, new knowledge points and regulations, as well as updated knowledge points and regulations, are often the focus of the proposition. ?
Secondly, from the examination questions in recent years, more and more emphasis is placed on investigating basic theories through cases. The outline and teaching materials of 200 1 further strengthen the proportion of basic theories, such as the classification of crimes in criminal law and the classification of the same criminal form, the change of general personality rights and property rights in civil law, and the increase of the probative force of litigation objects and civil evidence in civil procedure law. However, the number of textbooks and the number of words are relatively simple, which makes it difficult for candidates to understand and grasp the contradiction. Therefore, candidates had better take a good look at the textbooks, not just the regulations. For disciplines with complex theoretical systems such as civil law and criminal law, it is better to read undergraduate law textbooks in colleges and universities. ?
Thirdly, in recent years, many law questions are based on the analysis of large and small cases to examine candidates' understanding and application ability of knowledge points. The proposition of the first national judicial examination in 2002 should inherit this feature. Therefore, candidates should pay attention to the understanding of knowledge points when reviewing for the exam, and don't memorize them. Candidates can read and analyze some cases, analyze the connections and differences of related knowledge points, try to find out the "problems" of textbooks and regulations, and improve their ability to understand, analyze and apply knowledge and laws. ?
Fourthly, in order to successfully pass the first national judicial examination in 2002, candidates have to study the legal questions of the past years, especially the legal questions of the last three years. This can help candidates understand the style of the proposition, the measurement and difficulty of the test questions, and try to answer them. As the saying goes, "Know yourself and know yourself, and fight every battle" is the truth. In addition, candidates should also do some simulation questions regularly and quantitatively to deepen their mastery of knowledge points and train the speed of answering questions. ?
Fifth, each subject has its own different characteristics, and it should be treated specifically when reviewing and preparing for the exam.
1. Jurisprudence and constitutional law are both theoretical, with little flexible content and need a lot of time to memorize knowledge points. The constitution should read laws and regulations, especially the constitution and its amendments, the legislative law and the electoral law. For the basic laws of Hong Kong and Macao Special Administrative Regions, we should pay attention to comparing the different provisions of the two places on the same issue.
2. In the part of administrative law and administrative procedure law, we should pay attention to distinguish different specific administrative acts, memorize administrative litigation procedures, clarify the relationship between administrative reconsideration, administrative litigation and state compensation procedures, and distinguish the difference between administrative compensation and criminal compensation procedures.
3. Criminal law should attach importance to both general theories and various theories. The general part should be familiar with the basic theory and be able to distinguish between "overconfident fault" and "negligent fault" and other related knowledge points. Every part should memorize the concept, characteristics and constitutive requirements of joint crime, among which "crime of disrupting socialist market order" and "crime of infringing citizens' personal rights and democratic rights" are particularly important. At the same time, pay attention to the connection and difference between related charges and easily confused charges. Regarding the provisions, the general part of the criminal code should be memorized, and the specific part of each charge only needs to remember the concept and composition of the charge, without looking at the punishment of each charge. The amendment and judicial interpretation should be highly valued.
4. Civil law is based on theory, and candidates should understand and use knowledge flexibly, not mechanically. The focus of the review should be on general, real right, guarantee and contract. The focus of law should be the general principles of civil law and its judicial interpretation, contract law and its judicial interpretation, guarantee law and its judicial interpretation.
5. Procedural law is not theoretical, and there are many knowledge points to memorize. The most important thing for candidates is to memorize laws and regulations and use them flexibly in combination with cases. For the judicial interpretation of the Criminal Procedure Law, the six ministries and commissions and the Supreme People's Court are more likely to give questions than the Supreme People's Court. The lawyer system can only review the relevant provisions of the Lawyers Law, lawyers' professional ethics and practice discipline, and pay special attention to what violations of laws and regulations lawyers have, which can be distinguished.
6. Commercial law and economic law are relatively simple, focusing on memory. Candidates can review laws and regulations and read them well.
7. International law and international economic law depend on textbooks. The international law part may examine the provisions of international treaties, or what treaties were signed in which year. These questions can only be browsed The contents of international economic law are numerous and complicated, and the emphasis should be placed on several large blocks, such as international goods sale, international goods transportation and insurance, World Trade Organization, international intellectual property law and so on. In the part of private international law, we can only look at the general principles of civil law and its judicial interpretation, the civil procedure law and its judicial interpretation, and the foreign-related part of arbitration law, except the two chapters of "conflict of laws, conflict norms and applicable laws" and "conflict norms applicable system".