(1) Persons who meet the following conditions can register for the national judicial examination:
1. Have Chinese nationality;
2. Support Constitution of the People's Republic of China, enjoy the right to vote and be elected;
3. Have full capacity for civil conduct;
4. Have academic qualifications and majors that comply with the provisions of the Judges Law, Prosecutors Law, and Lawyers Law Conditions;
5. Good conduct.
According to Article 9 of the "Judges Law", Article 10 of the "Prosecutors Law", Article 6 of the "Lawyers Law" regarding the appointment of judges and prosecutors and the qualifications of lawyers, as well as the "Ministry of Justice's Determination of "Opinions on Relaxing the Eligibility Conditions and Locations for Registration for the National Judicial Examination", the fourth item mentioned above stipulates as follows:
First, one must have a bachelor's degree or above in law from an institution of higher learning, or a bachelor's degree or above in other majors from an institution of higher learning. And have legal professional knowledge;
The second is 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, and counties under the jurisdiction of autonomous prefectures; national poverty alleviation and development work approved by the State Council Key counties; cities, regions, counties, county-level cities, and municipal districts in the Tibet Autonomous Region can relax the academic qualifications for registration to a college degree in law. Obtain a college degree or above in law or a bachelor's degree in law or above; or obtain the qualification certificate for the 14th legal course of the All-China Lawyers Correspondence Center; or engage in legal work in political and legal or other departments or social groups before the end of 1996 and obtain the recognition of the Ministry of Justice or the approval of various provinces, Adult higher legal professional certificate recognized by the Justice Department (Bureau) of the autonomous region or municipality directly under the Central Government.
According to Article 68 of the Higher Education Law, the aforementioned higher education institutions refer to universities, independent colleges and junior colleges, including higher vocational schools and adult higher education institutions.
(2) If a person is unable to register for the exam under any of the following circumstances, and the registration procedures have been completed, the registration will be invalid:
1. Those who have received criminal punishment for intentional crimes;
2. Being dismissed from public office by a state agency;
3. Having a lawyer's practicing license revoked;
4. In accordance with the "National Judicial Examination Implementation Measures (Trial) )" Article 18: If a person is sentenced to a period of two years and is not allowed to register for the national judicial examination, and the time limit has not expired; or he is sentenced to a lifetime ban from registering for the national judicial examination.
Instructions for Judicial Examination Registration Qualifications
The identification, management and interpretation of education and academic diplomas are the jurisdiction of the national education administration department. The Ministry of Justice cannot explain the types and validity of academic qualifications. The academic qualifications for registration for the National Judicial Examination are determined based on the academic qualifications of judges, prosecutors, and lawyers in the Judges Law, the Prosecutors Law, and the Lawyers Law. The academic qualifications stipulated in the three laws are all based on those obtained from higher education institutions. Article 68 of the Higher Education Law clearly stipulates the definition of higher education institutions. The specific content of this provision has been clarified in the 2003 National Judicial Examination Announcement issued by the Ministry of Justice.
According to the relevant regulations and interpretations of the law and the education administration department on academic qualifications, the scope of academic qualifications and diplomas recognized by the state is: (1) Private universities and adult universities approved by the national education administration department (including scientific research institutions that cultivate graduate students) Academic certificate issued by the institution); (2) Passed the higher self-study examination, self-study examination graduation certificate issued by the self-study examination committee of each province (autonomous region, municipality) authorized by the State Council Self-study Examination Committee, higher education diploma examination graduation certificate; (3) passed the national education Graduation certificates obtained by students who have been approved by the competent department, included in the national enrollment plan, participated in the national unified examination, and studied in party schools and military academies; (4) Distance (online) education graduation certificates issued by ordinary colleges and universities approved by the Ministry of Education to implement online education pilots ; (5) Academic certificates that comply with the "Interim Regulations on the Management of Academic Certificates of Higher Education Institutions of the Chinese People's Liberation Army" issued by the Ministry of Education, the General Staff Headquarters, and the General Political Department. When judicial administrative organs organize registration for the national judicial examination, they can only make determinations in accordance with the provisions of the law and the competent education department. Any academic qualifications not recognized by the national education administration department are not eligible for registration for the national judicial examination.
Reference:
/html/20.114/20031209/news_660741931.htm
For many years, the passing rate of the law examination has been very low, mainly because of the high number of People have the attitude of giving it a try. The number of people who passed the first judicial examination was 24,000, with a passing rate of 7. The passing rate of previous law examinations is also around 10, so you must be determined to win and go all out. With this attitude, coupled with correct learning methods, scientific teaching materials, and comprehensive guidance, it is not difficult to pass the test. On the contrary, if you have the mentality of giving it a try, you will not be able to pass the test. A low passing rate is not a terrible thing. The key depends on your attitude towards participating.
What procedures need to be completed to apply for the lawyer qualification examination?
To register for the lawyer qualification examination, you must register at the local judicial administrative agency with your identity certificate, academic certificate (with original and copy attached) and recent one-inch bareheaded photos (three photos). The registration fee that should be paid shall be determined by the provincial judicial administrative agency in conjunction with the fee management department at the same level. See the "Measures for the National Unified Examination for Lawyer Qualifications".
When do I register and when do I take the exam?
No definite time. According to convention, the registration time is generally from mid-to-late June to early July each year (perhaps to facilitate the registration of fresh graduates), and the examination time is usually on consecutive Saturdays and Sundays in early October each year.
From what channels can I officially learn about the law exam?
Generally, pay attention to local official newspapers to get timely information about law examination registration; "China Lawyers" will also have timely reports. The stall owner thinks the most convenient way is to directly ask the lawyer management office of the local judicial bureau. 114 is very useful. Stall owners will also post news on this website as soon as possible.
In addition, the Law Examination Center of the Ministry of Justice is located in Beijing, and the telephone number is (010) 65206435.
How many subjects are generally tested in the law examination? Do you have to accept all laws?
This is the most common and difficult question to answer. The law exam covers many types of law, but it is far from exhaustive. Please refer to the annual Law Examination Syllabus for details.
Take the 1999 exam as an example. The preliminary examination papers include constitutional law, jurisprudence, private international law, international economic law, lawyer professional ethics and discipline, lawyer law, administrative law, administrative procedure law and foreign languages ??(English, Japanese, Russian, 90 points for law questions and 10 points for foreign languages). Paper two covers criminal law, criminal procedure law, civil law, and civil procedure law; paper three covers contract law, company law, bankruptcy law, arbitration law, maritime law, bill law, tax law, financial law, insurance law, and intellectual property law;
Paper 4 includes case analysis questions and legal document writing.
How to take the exam? Is there a fixed passing score?
The closed-book written test began in 1992 and was determined to be a four-book test. In 1996, a foreign language was added and some standardized tests were officially conducted. 1997, Foreign Languages ??Integrated into General Knowledge Vol. There are four papers, and each paper usually takes three hours to answer, and the exam can be completed in two days. The specific examination methods for that year will be posted and announced by the judicial administrative department at the time of registration. Please pay attention when registering. Generally, the standardized question types are single choice, multiple choice, and any choice, while the non-standardized question types are noun explanations, short answers, case analysis, and document writing. In the past three years, non-standardized issues have basically been transformed into case analysis and document writing. As for the score line for passing the review, it was still subject to local quota restrictions before 1993. Beginning in 1994, a unified nationwide method of dividing number lines was adopted. As long as the total score of the four papers reaches 240, you will be qualified. It is not required that every paper is qualified, but it is required that you cannot miss the exam, otherwise the total score will be invalid.
I heard that the scope of the law exam is very wide. How to prepare? How long does it take to prepare?
It is true that the scope is very wide, but any examination has its own rules to follow. Theoretically speaking, as long as you can understand the rules, make a reasonable plan based on your own situation, and then implement the plan conscientiously, you should be very confident that it will pass. As for how to understand the rules of the exam, of course you must start with the analysis of past exam questions and selectively absorb other people's experiences. The analysis will be more effective.
The idea of ??establishing this column is to make yourself an *****enjoyment base for experience display and exchange. As for preparation time, laziness is considered a difficult issue to determine. According to experience, 2-4 weeks should be enough for law undergraduates, and about 3 months for junior college or non-law undergraduates.
I heard that there are many question sets on the market to guide law exams. Is it useful?
My personal opinion is that it may be harmful rather than helpful. The question sea tactic may indeed be suitable for exams such as the college entrance examination, but it is definitely not suitable for exams such as the law exam. There is a difference between the two. As a sociological knowledge, law is far in nature from ordinary basic knowledge such as "language, numbers, foreign languages". For the same issue, under different theoretical schools and different thinking modes, different opinions, conclusions and discussion methods will be completely different. If the question sea tactic can be successful, its premise is that the questioner of the exercise and the questioner of the test question are completely consistent in the above aspects, and this is very suspicious. When we study the answers to past test questions, we will notice that even the question writers of different years in the law examination have large or small differences in the above aspects, let alone the question writers! Therefore, improper use of question sea tactics will be interfered by other ideas and affect the clarity of candidates' thinking. Of course, if the candidates have deep cultivation, this kind of interference can be avoided; but if they really have such cultivation, why should they use the human sea tactic?
Do you need to memorize a lot of concepts and legal texts to prepare for the exam?
Of course, it’s best to be able to carry it! Take legal provisions as an example. If you can recite some articles such as the "General Principles of Civil Law" and "General Principles of Criminal Law", it will of course be beneficial but not harmful. However, now that computers are so advanced, they should do the memory work. The human brain is still doing some creative work. What do you think?
What reference books should I read to prepare for the exam? Where can I find these books?
65438-0998 The Lawyer Qualification Examination Committee of the Ministry of Justice organized and compiled the "Designated Books for the National Lawyer Qualification Examination". It is planned that future legal examinations will be based on this set of books and release the examination syllabus for that year. The legal examination questions will be based on this set of books. Based on the outline. The complete set of books includes 7 textbooks including basic legal theory, constitutional law, criminal law, civil law, commercial law, economic law, administrative law, international economic law, private international law, lawyer system and lawyer practice. Mainly refer to the second series of regulations; examination syllabus. After that, the book will be revised every year based on the laws and judicial interpretations newly promulgated by the country in the past year. The above books are required for the exam. Taking into account the needs of the exam, this set of textbooks tries to avoid current academic controversies and mainly uses the general introduction. Each part is not large in length. It is very difficult to use it to truly understand the issues. Some subjects, such as criminal law, civil law, contract law, procedural law, etc. , it is best to find orthodox textbooks to help understand. Of course, if the candidate's memory is amazing, it is more than enough to cope with the exam without understanding. These books are generally sold to candidates at registration points and are also available in bookstores in major cities. There is a place on the Internet that sells these books, and netizens can also check it out:
In addition to the books for law exams, what other books are necessary or should be read?
There are no books that must or should not be read to prepare for the law exam. For candidates with very solid professional skills, there is no problem in passing the law examination books if they read it several times. If you don't read them, you probably won't fail. For candidates who are not majoring in law, or those with less solid professional skills, if they spend enough time on the law exam books, it is not too difficult to pass the exam. Of course, the effort must be sufficient. For those who are not majoring in law, if you have a strong interest in law and really want to understand some issues when reviewing for the law exam, then you will need some auxiliary reference books at this time. Of course, friends hope to solve some problems without going too far away from the law exam review; not only improve their wisdom, but also pass the exam. To be honest, this is a wish that is too good to come true, because the two aspects of the wish are somewhat contradictory. A good book is not necessarily a useful book, because in such a world, usefulness is often achieved through other means.
What are the ways to obtain lawyer qualification?
Looking at the legal provisions of various countries, there are only two ways to obtain lawyer qualifications: one is to obtain qualifications through examinations, and the other is to obtain qualifications through examinations. According to Articles 6 and 7 of my country's Lawyers Law, my country implements a dual-track system, with review methods as the principle and review methods as special cases. Examination: Lawyer qualification is obtained through the national unified examination. my country has implemented a unified national examination system for lawyer qualifications since 1986. On October 28, 1993, the Ministry of Justice decided to establish the "Chinese Lawyers Qualification Examination Center", and the current Lawyers Law formally established the legal system for the national lawyer qualification examination. It was held every two years from 1986 to 1992, and has been held annually since 1993. It has been held seven times so far. Assessment: This method is only suitable as an exception for certain groups of people. From the restoration of the lawyer system in 1979 to the first unified national examination for lawyer qualifications in 1986, my country adopted the method of obtaining lawyer qualifications simply through examinations. This was determined by the specific conditions at the time. From the founding of the People's Republic of China to 1979, political and judicial schools across the country produced only more than 20,000 graduates, and they were scattered in all walks of life. Due to the shortage of legal talents, lawyer qualification cannot be solved through examination. Based on the circumstances at the time, the Ministry of Justice decided to obtain lawyer qualifications, which was reviewed by the Justice Bureau of the local law firm, approved by the Justice Department (Bureau) of the province, autonomous region, or municipality directly under the Central Government, and finally reported to the Ministry of Justice for filing.
What is the use of taking the lawyer exam and how valuable is it?
All Chinese and citizens who work as lawyers must first obtain lawyer qualifications recognized by the Chinese people and the Ministry of Justice before they can apply for a practicing certificate. If they are approved, they can practice as lawyers. Otherwise, they would be illegal. The Chinese Bar Qualification Examination is not limited to students who have graduated from formal law schools, which allows a considerable number of people to obtain qualifications in a quick way through one or two months of endorsement. Formal legal education has no advantage at all; on the contrary, due to foreign languages ????in various industries in China Graduates from foreign language departments in general schools are more popular than graduates from law departments in prestigious universities. It has become a wise choice for high school students to learn foreign languages ??first and then take the postgraduate entrance examination in law. People who "successfully" study abroad can obtain a master's degree in law in less than a year while overcoming language barriers, and their skills are not necessarily better than undergraduates from domestic schools. In most countries in the world, even Thailand, to qualify as a lawyer, you must receive legal training at a regular university before taking the exam; in Japan, law school graduates from regular universities must pass a written and oral exam. Generally speaking, less than 5 candidates are qualified to be admitted to the bar, let alone in the United States...
How to apply for the bar?
For candidates who pass the bar exam, the local judicial department will notify them in writing of the specific method of applying for lawyer qualifications when issuing the test result notification, or directly send the "Lawyer Qualification Declaration Form". You should pay special attention to the fact that application qualifications often have time limits, and you must apply within the specified time limit.