1. Understanding of legal career planning for the judicial examination
Most people’s understanding of the legal profession comes from the wonderful scenes of judges, prosecutors, and lawyers in court in film and television media Defense scene. Exaggerated by news media and film and television works, many young people have been full of yearning for the above-mentioned careers in their childhood, so much so that they began to actively plan for a legal career in their youth.
So, what are the legal professions? Article 1 of my country's "National Judicial Examination Implementation Measures" gives a clear answer. This article stipulates: In order to establish and standardize the national judicial examination system, improve and ensure the quality of judges, prosecutors, lawyers, and notaries, in accordance with the "Judge Law of the People's Republic of China and the People's Republic of China" and the "Procuratorate of the People's Republic of China and the People's Republic of China" These Measures are formulated in accordance with the provisions of the Official Law of the People's Republic of China, the Lawyers Law of the People's Republic of China and the Notarization Law of the People's Republic of China. Therefore, the legal profession in China certainly includes four categories: judges, prosecutors, lawyers and notaries. With the reform of my country's political and economic system, in order to fill the shortage of legal professionals, in 2002, the *** of the People's Republic of China and the Ministry of Personnel issued the "Notice on Adjusting the Relevant Regulations on the Qualification Examination for Corporate Legal Consultants", which stipulates that enterprises Provisions are made on the organization of the legal consultant qualification examination and the centralized management of legal consultants. In addition, the "Measures for the Management of Grassroots Legal Service Workers of the People's Republic of China" and the national "Management Measures for Grassroots Legal Service Workers" also stipulate the examination methods and registration procedures for the professional qualifications of grassroots legal service personnel. The implementation of the "Measures" shall be accordingly It fills the demand for legal service personnel at all levels of society. Therefore, the author believes that the broad legal profession certainly includes six categories of people: judges, prosecutors, lawyers, notaries, corporate legal advisors and grassroots legal service personnel. However, the above-mentioned legal professions all require passing corresponding qualification examinations, among which the judicial qualification examination ranks first among the legal professional qualification examinations because of its authoritativeness and wide applicability.
2. Preparation scope for the judicial examination in legal career planning
The judicial examination is a stepping stone to the legal career. So what does it test? This is a question that many potential legal career practitioners are keen to discuss. The following author uses the 2009 National Judicial Examination subjects as a model to help everyone understand the judicial examination subjects and score distribution.
1. Test paper 1 test subject.
"Socialist Rule of Law Concept" is a new subject in 2009 and accounts for a large proportion in the paper. For example, the first 5 multiple-choice questions all test "Socialist Rule of Law Concept". In addition, the first short-answer question in Paper 4 directly tests the candidates' understanding of "the concept of socialist rule of law." The total score of this subject reaches 25 points, making it a new star in the judicial examination;
The "Jurisprudence" subject has 7 single-choice questions, 6 multiple-choice questions and 4 indefinite multiple-choice questions, plus Paper 4 has a 25-point essay question, with a total score of 48 points;
"Legal History" is still the subject with the lowest score, with 5 multiple-choice questions and 3 multiple-choice questions. Multiple-choice questions, ***11 points;
The constitutional law test included 6 single-choice questions, 6 multiple-choice questions and 2 indefinite multiple-choice questions, with a ***22 points.
The score of "Economic Law" increased by 5 points compared with 2008, with a total score of 45 points. It is the subject with the highest score value per test paper. The exam format is 5 single-choice questions and 12 multiple-choice questions. and 3 indefinite multiple-choice questions.
"Three Laws";
"International Law" took 4 single-choice questions, 2 multiple-choice questions, and 1 variable-choice question, totaling 10 points; "Private International Law" took 7 There are 7 single-choice questions, 4 multiple-choice questions and 1 indefinite multiple-choice question, totaling 17 points; the "International Economic Law" test consists of 7 single-choice questions, 4 international economic law consists of 7 single-choice questions, It consists of 4 multiple-choice questions and 1 indefinite-choice question, totaling 17 points. Among them, the "Three Laws" test has a total score of 44, which is basically the same as in previous years;
The "Judicial System and Legal Professional Ethics" test has 4 single-choice questions and 3 multiple-choice questions, with *** total With a score of 10, it is the subject with the lowest score in the 2009 Judicial Examination.
2. Paper 2 tests subjects.
The objective questions of "Criminal Law" examined 20 single-choice questions, 15 multiple-choice questions and 4 indefinite multiple-choice questions, with a maximum score of 58 points;
"Criminal Procedure" "Law" objective questions tested 18 single-choice questions, 14 multiple-choice questions and 3 indefinite multiple-choice questions, with a maximum score of 52 points;
"Administrative Law and Administrative Procedure Law" objective questions tested There are 12 single-choice questions, 11 multiple-choice questions and 3 indefinite multiple-choice questions;
The objective questions of "Administrative Law and Administrative Procedure Law" test 12 single-choice questions, 11 multiple-choice questions and 3 indefinite multiple-choice questions.
The objective questions of "Administrative Law and Administrative Litigation Law" include 12 single-choice questions, 11 multiple-choice questions and 3 variable-choice questions, totaling 40 points.
3. Examination Paper Three Examination Subjects.
The "Civil Law" test includes 24 single-choice questions, 20 multiple-choice questions and 3 variable-choice questions, with a total score of 70 points, and the test subjects have larger scores;
< p> "Business Law" examines 10 single-choice questions, 9 multiple-choice questions and 3 variable-choice questions, with a total score of 34 points. It needs to be particularly emphasized that after 2008, "Business Law" will no longer be included in the examination of Paper 4. situation, so the score has not increased much compared to last year's 28 points.Civil Procedure Law and Arbitration System**** 16 single-choice questions, 11 multiple-choice questions, and 4 indefinite multiple-choice questions, ****46 points.
4. Paper 4 examines subjects.
Paper 4 tests subjects in the form of subjective questions, with the purpose of testing the candidates' legal theoretical foundation. The scope of the test paper includes 20 points for short-answer questions on the concept of socialist rule of law, 25 points for short-answer questions on jurisprudence, 22 points for criminal law cases, 21 points for criminal procedure law cases, 20 points for administrative law and administrative procedure law cases, 22 points for civil law cases, and 20 points for arbitration law cases. point. In summary, combined with the examination of the objective questions of each subject, the total score of Criminal Law is 80 points, the total score of Criminal Procedure Law is 73 points, the total score of Administrative Law and Administrative Procedure Law is 60 points, the total score of Civil Law is 92 points, and the total score of Civil Procedure Law and Arbitration System ***The total score is 66 points, basically the same as in previous years.
The author will introduce in detail the classification of judicial qualification certificates in my country. Judicial qualification certificate - that is, legal professional qualification certificate. According to the issuance conditions and scope of application, the certificate is divided into three categories: A, B, and C.
Category A certificates are issued to candidates who pass the judicial examination with a score of 360 points and are used nationwide.
Certificate B is issued to candidates who have passed the relaxed judicial examination score lines in ethnic minority autonomous regions and underdeveloped western regions. This certificate is only applicable to the above-mentioned relaxed areas.
The C certificate is only issued to candidates who have passed the judicial examinations in Xinjiang and Tibet. The certificate is only applicable to Xinjiang and Tibet. Therefore, the score line of 360 points for the judicial examination is only a relative value. The final admission rate for China's judicial examination is uniformly stipulated by the National Judicial Examination Committee, which is composed of the Ministry of Justice, the Ministry of Justice and the People's Procuratorate. According to a senior source in the Ministry of Justice, within 10 years of the introduction of the judicial examination, China will reserve 500,000 legal talents with judicial qualifications for the reform of China's judicial system. In recent years, with the country's investment in the judicial system in the underdeveloped western regions and the continuous expansion of law graduates, the admission rate of my country's judicial examination has continued to increase since 2007, mainly in the strict control of the pass rate of the A certificate and appropriate relaxation of The passing rate of B and C certificates will guide those who have obtained legal professional qualification certificates to devote themselves to the construction of the western region, so as to alleviate the crisis of legal talent gap in the judicial system of the western region. There is a crisis of talent gap in the legal profession in the judicial system of the western region.
3. Legal career planning and the start of the judicial examination
If a worker wants to do his job well, he must first sharpen his tools.
How to choose a set of high-quality judicial examination tutoring books will have the effect of getting twice the result with half the effort in successfully passing the judicial examination. The author will recommend the following materials based on his own judicial examination experience for your reference.
(1) "National Judicial Examination Tutoring Book". Commonly known as "Three Books" in the industry. Due to the provisions of the "People's Republic of China and State Administrative Licensing Law" in 2006, the Ministry of Justice no longer publishes the designated textbooks for the judicial examination. Subsequently, the tutoring materials were compiled by the Judicial Examination Expert Proposal Group under the Ministry of Justice. There is no doubt that this textbook still ranks first among the authoritative tutoring materials for the judicial examination. Since the Judicial Examination is geared toward undergraduates from national education, the National Judicial Examination Tutoring Book takes into account candidates with non-Judicial undergraduate degrees in terms of content and style. Therefore, it is not an exaggeration to compare this textbook to a basic textbook on the subject of law. In the eyes of candidates with a basic legal education background, this textbook has shortcomings such as too much theoretical content and not outstanding judicial examination points. Therefore, this textbook is often shelved by candidates with a basic legal education background. But behind the shortcomings of the textbooks lies a "murderous intention." Take the jurisprudence test questions of the Judicial Examination in 2008 and 2009 as an example. The test questions in the above two years directly quoted the obscure original sentences in the tutorial materials. Hundreds of thousands of candidates across the country were cheering or complaining at the same time. Regarding the use of textbooks, the author recommends: Regardless of whether candidates have a basic legal education background, they must read the first of the "three books". Volumes 2 and 3 can be used as "dictionaries" to look up unfamiliar legal terms and concepts. The reason why we put forward such utilitarian suggestions is that we need to focus our limited energy on the key points of exam preparation.
(2) "Dreams Come True Series Tutoring Materials-2010 National Judicial Examination Guide". This textbook is compiled by Legal Education Network, a professional coaching school in the judicial examination distance training industry. The school has signed a number of university scholars to specialize in judicial examination propositions, including students who are former judicial examination proposition writers and current judicial examination proposition writers. What is very different from the "three major" tutoring materials is that the content of the tutoring materials compiled by Legal | Legal Education Network hits the key points directly and is very suitable for candidates with basic legal education background.
(3) Selection of online textbooks for the judicial examination. First of all, we need to know, are there any shortcuts to prepare for the judicial examination? The answer is: yes. Of course, the author's affirmative answer is based on a very clear understanding of what is tested in the judicial examination and how it is tested. Since the judicial examination is an exam with a high repetition rate, some official or unofficial judicial examination coaching institutions have a group of high-end scholars who specialize in research and prediction of its proposition direction. In the context of the eighth year of the implementation of the national judicial examination system, examinations that have never been involved are very rare. At the same time, there are also a group of former students who are members of the Judicial Examination Proposition Committee (academic leaders in legal research) and are active in the judicial examination training market. They can respond sensitively to the research directions and proposition ideas of the Judicial Examination Proposers. Because of this, the phenomenon of guessing and pressing questions is common in the judicial examination training community. At present, the online judicial examination schools across the country include the Legal Education Network. With the reputation of the Legal Education Network, candidates can certainly choose it.
Through the above introduction, I believe everyone has a clear definition, and I wish everyone a smooth adoption.