(a) meet the following conditions of the person can register for the national judicial examination:
1, with the Chinese people*** and nationality;
2, uphold the "Chinese people*** and the State Constitution", enjoy the right to vote and the right to stand for election;
3, with full capacity for civil behavior;
4, in line with the Judges Law, the Prosecutors Law and the Lawyers Law, the academic and professional conditions;
5, good conduct.
The aforementioned item 4 on the registration for the national judicial examination of academic and professional conditions, according to the "Judges Law", Article 9, "Prosecutors Law", Article 10, "Lawyers Law", Article 6 of the judges, prosecutors and the qualification of lawyers, and the "Ministry of Justice on the determination of national judicial examination on the relaxation of the registration of academic qualifications of the local views", as follows:
First, with a higher educational institutions Bachelor's degree or above in law, or bachelor's degree or above in other majors in institutions of higher learning with legal expertise;
Secondly, autonomous counties (banners) under the jurisdiction of provinces, autonomous regions and municipalities directly under the central government, counties (banners) under the jurisdiction of autonomous regions, counties under the jurisdiction of autonomous prefectures; counties approved and determined by the State Council to be the national key counties for poverty alleviation and development work; and municipalities, districts, counties, county-level cities and municipal districts under the Tibet Autonomous Region may relax the academic conditions for enrollment to The educational requirement for application is relaxed to a specialized degree in law from an institution of higher learning. Have obtained a college degree or above in law or a non-law undergraduate degree or above; or obtain a certificate of passing 14 law courses in the college class of the All-China Lawyers Correspondence Instruction Center; or engage in legal work in politics and law or other departments or social organizations and obtain a "professional certificate" of the adult higher education in law which has been examined and approved by the Ministry of Justice or examined and approved by the judicial departments (bureaus) of the provinces, autonomous regions and municipalities directly under the Central Government before the end of 1996.
The aforesaid institutions of higher learning, in accordance with the provisions of Article 68 of the Higher Education Law, refer to universities, independent colleges and colleges of higher learning, including higher vocational schools and adult schools of higher learning.
(2) Persons with one of the following circumstances cannot register for the examination, and if they have already gone through the registration procedure, the registration is invalid:
1. Those who have received criminal punishment for intentional crimes;
2. Those who have been dismissed from public office by state organs;
3. Those who have had their licenses to practice as lawyers revoked;
4. Those who have received criminal penalties for intentional crimes according to the "Measures for Implementation of the National Judicial Examination (for Trial Implementation)". Trial), Article 18, was sentenced to 2 years may not register for the national judicial examination, the period has not yet expired; or was sentenced to life may not register for the national judicial examination.
Explanation of the problem of qualifications for registration for the judicial examination
The recognition, management and interpretation of education and academic qualifications are the competence of the state education administrative department, and the Ministry of Justice is not in a position to interpret the type and validity of academic qualifications. The educational qualifications for registration for the national judicial examination are determined in accordance with the educational qualifications of the Judges Law, the Procurators Law and the Lawyers Law relating to the appointment of judges and procurators and the practice of law. The academic qualifications stipulated in the three laws are based on graduation from an institution of higher learning and obtaining the qualifications. The definition of an institution of higher education is clearly stipulated in article 68 of the Higher Education Act. The specific coverage of this provision has been expressed in the 2003 National Judicial Examination Bulletin issued by the Ministry of Justice.
According to the provisions of the law and the relevant regulations and interpretations of the education administrative departments on academic qualifications, the scope of the state-recognized academic diplomas are: (1) the academic certificates issued by private schools of higher education, schools of higher education for adults, and ordinary schools of higher education (including scientific research institutes for training postgraduates) approved by the competent departments of the state education department as having the qualifications for organizing academic education; (2) academic certificates issued by provinces (or provinces) authorized by the Council for Self-Taught Examinations to hold academic education by the State Council through the Higher Education Self-Taught Examinations; (3) academic certificates issued by the State Council's (4) the graduation certificate of distance (network) education issued by ordinary higher education institutions approved by the Ministry of Education to implement the pilot program of network education; (5) the graduation certificate issued in accordance with the Interim Provisions on the Administration of Academic Certificates of Colleges and Universities of the Chinese People's Liberation Army by the Ministry of Education, the General Staff Department and the General Political Department. When organizing the registration for the national judicial examination, the judicial administrative organs can only base their recognition on the law and the regulations of the competent educational authorities. Any academic qualifications that are not recognized by the competent state education administrative authorities do not meet the registration requirements for the national judicial examination.
Reference:
The passing rate of the legal exam in the past years is very low, mainly because many people hold the The first time the judicial examination, through the number of 24,000 people, the pass rate of 7%, before the previous sessions of the law examination pass rate is also about 10%, so to participate in the judicial examination should be ambitious, go all out. With this attitude, coupled with the correct learning methods, scientific textbooks, comprehensive guidance, pass is not difficult. On the contrary, the attitude of trying to see is not able to pass. The low pass rate is not a terrible thing, the key depends on what attitude you hold to participate in.
What are the procedures for taking the bar exam?
Enrollment for the bar examination, should hold my identity card, proof of education (to bring the original and prepare a copy) and my recent one-inch bareheaded photo (three), to the local judicial administrative organs to enroll. Registration to pay the registration fee, the registration fee by the provincial judicial administrative organs in conjunction with the same level of fee management department to determine. See "lawyers qualification national unified examination methods"
When to register, when to take the test?
There is no definite time. As a rule, the registration period is usually from mid- to late-June to early July each year (probably to facilitate the registration of fresh graduates), and the examination is usually held on one of the two consecutive Saturdays and Sundays in early October each year.
What are the official ways to find out about the LSAT?
General attention to the local official organs of the newspaper, you can learn about the law examination registration news in a timely manner; the China Lawyer Newspaper will also have timely reports. The file owner thinks the most convenient way is to directly ask the local judicial bureau lawyers administrative management department, 114 very useful. The owner of the file will also be posted on this site as timely as possible.
Additionally, the Ministry of Justice's Law Examination Center is located in Beijing, and the telephone number for inquiries is: (010) 65206435
How many law exams are generally required? Is it all law?
This is the most common and difficult question to answer. There are a lot of laws involved in the LSAT, but they are far from all of them, so you need to refer to the syllabus of the LSAT every year for detailed information.
Taking the 1999 examination as an example, paper one includes the constitution, jurisprudence, private international law, international economic law, professional ethics and discipline of lawyers, lawyers law, administrative law, administrative litigation law, and foreign languages (English, Japanese, Russian, any one, 90 points of law questions, 10 points of foreign language questions); paper two includes criminal law, criminal procedure law, civil law, civil litigation law; paper three includes contract law, Company Law, Bankruptcy Law, Arbitration Law, Maritime Law, Bills of Exchange Law, Taxation Law, Finance Law, Insurance Law and Intellectual Property Law;
Paper IV includes case study questions and legal writing.
How does the exam work? Is there a fixed passing mark?
Closed-book written examination. It was established as a four-volume examination in 1992, with the addition of a foreign language and the formal introduction of partially standardized examinations in 1996, and the merging of foreign languages into the general knowledge volume in 1997. The four-volume examination, each volume of the answer time is generally three hours, two days to complete the examination. The specific test methods of that year will be announced by the judicial administrative department at the time of registration, so please pay attention to the registration. Generally, the standardized questions are single choice, multiple choice questions and arbitrary choice questions, non-standardized questions are terminology, short answer questions, case studies and paperwork, etc. In the past three years, the non-standardized questions are basically stereotyped as case studies and paperwork. As for the examination score line, in 1993 before also subject to the limitations of the local quota, from 1994 onwards to adopt the national unified approach to draw the score line, as long as the total score of the four volumes of 240 points is qualified, do not require that each paper is qualified, but the requirement can not be absent from the examination, otherwise the total score is invalid.
I have heard that the LSAT is a very wide-ranging exam, how do I prepare for it? About how long does it take to prepare?
It is true that the scope is very wide, but there is a rule to be followed in any examination. In fact, if you can understand the rules and make a reasonable plan for your own situation, and then actually fulfill the plan, you should be quite sure of passing. As for how to understand the law of the test, of course, should start from the analysis of past exams, and selectively learn from the experience of others will make the analysis twice as effective. The idea behind the establishment of this column is to make itself a **** enjoyment base for displaying and exchanging experience. As for the preparation time, lazy thought it is difficult to determine the problem, experience, law undergraduates have 2 - 4 weeks of more complete time should be enough, college students or non-law undergraduates to have about 3 months of time to have some certainty.
I have heard that there are a lot of question sets available in the market to guide me through the bar exam, are they useful?
Personal opinion is: not only does it not help, but it can be harmful. The problem tactics may indeed be suitable for exams such as the college entrance examination, but never suitable for law exams such as the examination, there is a difference between the two. Law as a sociological knowledge, and 'language, mathematics, foreign' such common basic knowledge, in the nature of a far cry, for the same question, different standpoints different theoretical schools, different mindsets, there will be a very different point of view, conclusions and methods of discussion. If the sea of questions tactics can be successful, its premise is that the exercise question maker and the test question maker in the above aspects are exactly the same, and this is very suspicious place. We will note in the study of the answers to the previous test questions, even if the law exam in different years of the question writer, in the above aspects have a greater or lesser difference, then not to mention the question writer of the exercises! Therefore, the tactic of questioning, if not used properly, will instead be interfered with by other ideas, affecting the candidate's clarity of thought. Of course, if the candidate's cultivation is deeper, it is possible to avoid such interference; but if you really have such cultivation, why use the sea of questions tactics?
Does preparing for an exam involve memorizing a lot of concepts and original laws?
It is of course best to memorize! For example, if you can memorize some of the provisions of the General Principles of Civil Law, the General Provisions of the Criminal Law, etc., of course, there is no harm in doing so. However, nowadays, computers are so advanced, so let them do the memorization work. The human brain should be left to do some creative work. What do you think?
What reference books should I read to prepare for the exam? Where can I find these books?
In 1998, the Ministry of Justice Lawyer Qualification Examination Committee organized the compilation of the "National Lawyer Qualification Examination Designated Book", and intends to use this set of books in the future each year as the basis for the promulgation of the year's examination syllabus, the law exams are based on the syllabus as the basis for the proposition. The whole set of books **** there are seven teaching materials: "basic theory of law - constitutional law", "criminal law", "civil law", "commercial law - economic law", "administrative law", "international economic law - international private law", "lawyers system and lawyers practice"; Mainly refer to the law, regulations compilation series of two books; An examination outline. After that, the book will be revised every year according to the new laws and judicial interpretations enacted by the State in the recent year. The above books are required reading for the exam. This set of textbooks taking into account the needs of the examination, try to avoid the current academic controversy, mainly adopted the general statement, the length of each part is not large, so to use it to really understand the problem is very difficult, some subjects such as criminal law, civil law, contract law, procedural law, etc., it is best to also look for orthodox textbooks to help understand. Of course, if the candidate's memory is amazing, do not go to understand the strong memorized, to deal with the examination is also more than enough. These books are usually sold to candidates at the time of registration by the registration site, bookstores in major cities are also available. There is a place on the Internet that specializes in selling these books, the Internet users can also go there to see:
In addition to the law books other than the book what other books must be necessary or should be read?
To deal with the law exam and there is no book is necessary to read or should not read, for the professional foundation is very solid candidates, browse a few times the law exam book, through is no problem, do not read may not be unable to pass. For non-legal candidates, or professional foundation is not too solid candidates, if the law exam book to spend enough effort, pass is not too difficult thing. Of course the effort must be enough. For the non-legal professional friends, if in the review of the law exam has a strong interest in the law, really want to understand some of the issues, then this time will need some auxiliary reference books. Of course, friends want to be able to solve some of the problems, but not too far away from the review of the law exam; both enhance the wisdom, but also to pass the exam. Frankly speaking, this is too good and almost unattainable wish, because the two aspects of the wish are more or less contradictory. Good books are not necessarily useful books, because in such a world, usefulness is often achieved in other ways.
What are some of the ways to get admitted to the bar?
Looking at the legal provisions of each country, the way to obtain the qualification of lawyers is only two one is to obtain the examination, one is to obtain the examination. According to China's lawyers law six, seven two provisions, China's implementation of the dual-track system, which is the principle of the examination route, the examination route is special. Examination: the lawyer qualification to the national unified examination, our country from 1986 began to implement the lawyer qualification national unified examination system, on January 28, 1993, the ministry of justice decided to set up the "Chinese lawyer qualification examination center", the current lawyers law formally established the lawyer qualification national examination legal system. 1986 --1992 was held every two years, from 1993 onwards it was held once a year, so far it has been held seven times. Examination: This pathway is only applied to specific people as an exception. From the restoration of the lawyers' system in 1979 to the holding of the first unified national examination for lawyers' qualification in 1986, China had adopted the method of obtaining lawyers' qualification solely by examination, which was determined by the specific conditions at that time. From the founding of new China to 1979, the nation's political and legal colleges and universities produced only 20,000 or so graduates, and were scattered throughout society in all walks of life, with a dearth of legal talent, and it was impossible to solve the problem of lawyers' qualifications by means of an examination. According to the situation at that time, the ministry of justice decided to obtain the qualification of lawyers by the local law firms to declare the local (city) justice bureau audit, sheng autonomous region, municipalities directly under the central government justice department (bureau) approval, and finally reported to the ministry of justice for the record.
What is the use of the lawyer's examination, how much gold?
Any citizen of the People's Republic of China*** and the People's Republic of China engaged in lawyering must first obtain a lawyer's qualification approved by the Ministry of Justice of the People's Republic of China*** and the People's Republic of China, before applying for a practicing certificate, and only after approval can he or she practise as a lawyer, or else he or she will be practicing illegally. China's lawyer qualification examination is not restricted to students graduated from formal law schools, which makes a considerable part of the people through the quick-fix way to rely on a month or two of memorization that is to qualify, the formal legal education has no advantage to speak of; on the contrary, due to the importance of foreign languages in China's various professions, the general school graduates of the foreign language department to obtain a lawyer's qualification than the prestigious university of the law department graduates to be savory, the first to learn a foreign language and then Examination of law graduate students, become a wise choice of high school students; from abroad to learn "into" the personnel, in overcoming the language barrier at the same time, less than a year to obtain a master's degree in law, kung fu is not better than the domestic undergraduates of the school. In the vast majority of countries in the world, even Thailand, to obtain the qualification of lawyers, but also through the formal university of law training before being allowed to participate in the examination; in Japan, the formal university law school graduates to go through the written test, oral examination of the two exams, generally less than 5% of the test takers can obtain the qualification of lawyers, the United States of America is even more needless to say that the ......
< p>How do you go about filing for the bar?For those who pass the bar exam, the local justice department will either issue a written notice of scores, or send a "bar declaration form". You should pay special attention to the fact that there is often a deadline for the declaration of qualifications, and it is important to do it within the stipulated period