(1) Persons who meet the following conditions may register for the national judicial examination:
1, with China nationality;
2. Support the Constitution of People's Republic of China (PRC) and enjoy the right to vote and stand for election;
3. Have full capacity for civil conduct;
4. Meet the academic qualifications and professional conditions stipulated in the Judges Law, the Public Prosecutor Law and the Lawyers Law;
5. Good conduct.
According to the provisions of Article 9 of the Judges Law, Article 10 of the Prosecutors Law, Article 6 of the Lawyers Law on the qualifications of judges and prosecutors, and the Opinions of the Ministry of Justice on Determining the Place to Relax the Qualifications for National Judicial Examination Registration, the aforementioned fourth provision is as follows:
First, have a bachelor's degree or above in law major in colleges and universities, or have a bachelor's degree or above in other majors in colleges and universities and have legal professional knowledge;
Second, 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 key poverty alleviation and development counties approved by the State Council; The cities, regions, counties, county-level cities and municipal districts under the jurisdiction of Xizang Autonomous Region can relax their registration qualifications to a junior college degree in law. Obtaining a college degree or above in law or a bachelor degree or above in law; Or obtain the qualification certificate of the junior college class 14 law course of the All-China Lawyers Correspondence Center; Or before the end of 1996, engage in legal work in political science and law or other departments or social organizations and obtain an adult higher legal professional certificate recognized by the Ministry of Justice or the judicial departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government.
According to Article 68 of the Higher Education Law, the aforementioned institutions of higher learning refer to universities, independent colleges and junior colleges, including higher vocational schools and adult institutions of higher learning.
(two) one of the following circumstances can not sign up for the exam, and the registration procedures have been completed, the registration is invalid:
1. Having received criminal punishment for intentional crime;
2. Being expelled from public office by state organs;
3. The lawyer's practice license is revoked;
4. In accordance with the provisions of Article 18 of the Measures for the Implementation of the National Judicial Examination (Trial), he was sentenced to 2 years in prison, and he was not allowed to sign up for the national judicial examination, and the period was not full; Or sentenced to life and not allowed to register for the national judicial examination.
Description of qualification for judicial examination registration
The identification, management and interpretation of education and academic diplomas are the functions and powers of the national education administrative department, and the Ministry of Justice cannot explain the types and effects of academic qualifications. The academic qualifications of the national judicial examination registration are determined according to the academic qualifications of judges, prosecutors and lawyers in the Judges Law, Prosecutors Law and Lawyers Law. The academic qualifications stipulated in the three laws are all based on the academic qualifications graduated from colleges and universities. Article 68 of the Higher Education Law clearly defines institutions of higher learning. The specific content of this provision has been made clear in the announcement of the national judicial examination in 2003 issued by the Ministry of Justice.
According to the relevant regulations and explanations of laws and education administrative departments on academic qualifications, the scope of academic diplomas recognized by the state is: (1) academic certificates issued by private universities and adult universities (including scientific research institutions that train graduate students) approved by the state education administrative departments; (2) Pass the higher self-study examination, the self-study examination graduation certificate issued by the self-study examination committees of the provinces (autonomous regions and municipalities directly under the Central Government) authorized by the the State Council Self-study Examination Committee, and the higher education diploma examination graduation certificate; (3) Graduation certificates obtained by students who have been approved by the national education authorities, incorporated into the national enrollment plan, participated in the national unified examination and studied in party schools and military academies; (4) Distance (network) education graduation certificate issued by ordinary colleges and universities approved by the Ministry of Education to implement network education pilot; (5) Academic certificates that meet the Interim Provisions on the Administration of Academic Certificates in China People's Liberation Army Colleges and Universities issued by the Ministry of Education, the General Staff Department and the General Political Department. When organizing the registration of the national judicial examination, the judicial administrative organ can only identify it according to the provisions of the law and the competent department of education. Any academic qualifications that have not been recognized by the national education administrative department do not meet the registration conditions of the national judicial examination.
References:
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Over the years, the passing rate of the law examination is very low, mainly because many people hold the attitude of trying. 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 exams 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 customs. On the contrary, you can't pass the test with a try mentality. Low pass rate is not a terrible thing, the key depends on what attitude you take to participate.
What are the procedures for applying for the lawyer qualification examination?
To sign up for the lawyer qualification examination, you should register with the local judicial administrative organ with your identity certificate, education certificate (with original and photocopy) and my recent one-inch bareheaded photo (three photos). The registration fee to be paid shall be determined by the provincial judicial administrative organ in conjunction with the charge management department at the same level. See the Measures for the National Uniform Examination of Lawyers' Qualification.
When to register and when to take the exam?
There is no definite time. According to the convention, the registration time is generally from the middle and late June to the early July of each year (perhaps to facilitate the registration of fresh graduates), and the examination time is generally on Saturday and Sunday in the beginning of 10 every year.
From what channel can I get the news of the law exam formally?
Generally pay attention to the local official newspaper, and you can get the news about the registration of the law exam in time; China Lawyer 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. 1 14 is very useful. The stall owner will also post the news on this website for the first time.
In addition, the Legal Examination Center of the Ministry of Justice is located in Beijing, and the telephone number is (0 10)65206435.
How many courses do you usually take in the law exam? Do you have to accept all laws?
This is the most common and difficult question to answer. There are many kinds of laws involved in the law examination, but they are far from all. For details, please refer to the outline of the annual law examination.
Take 1999 as an example. The preliminary examination papers include Constitution, jurisprudence, private international law, international economic law, lawyer's professional ethics and practice discipline, lawyer's law, administrative law, administrative procedure law and foreign languages (English, Japanese and Russian, 90 points for legal questions, 0/0 points for foreign languages). Test paper 2 includes criminal law, criminal procedure law, civil law and civil procedure law; Test paper 3 includes contract law, company law, bankruptcy law, arbitration law, maritime law, negotiable instrument law, tax law, financial law, insurance law and intellectual property law;
Test 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 started from 1992 and was determined as a four-volume test. 1996 added a foreign language and formally conducted some standardized tests. 1997, foreign languages are incorporated into the comprehensive knowledge volume. There are four exams, and the answer time for each exam is generally three hours, and the exam is finished in two days. The specific examination methods of that year were posted and announced by the judicial administrative department at the time of registration. Please pay attention when registering. General standardized questions are single choice, multiple choice and arbitrary choice, while non-standardized questions are noun explanation, short answer, case analysis and document writing. In the past three years, non-standardized problems have basically taken shape as case analysis and document writing. As for the scores that have passed the examination, they are still limited by local places before 1993. Starting from 1994, the national unified marking method was adopted. As long as the total score of four volumes reaches 240, it is qualified. Every paper is not required to be qualified, but it is required not to be absent from 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 will it take to prepare?
It is true that the scope is very wide, but any exam has its own rules to follow. Theoretically speaking, as long as we can understand its law, formulate a reasonable plan according to our own situation, and then implement the plan seriously, we should be sure to pass it. As for how to understand the rules of examination, of course, we should start with the analysis of previous examination questions and selectively absorb the experience of others, which will be more effective. The idea of establishing this column is to make yourself a * * * enjoyment base for experience display and exchange. As for the preparation time, laziness is considered to be a difficult problem to determine. According to experience, 2-4 weeks should be enough for law majors, and it takes about 3 months for junior college or non-law majors to determine.
I heard that there are many problem sets on the market to guide the law exam. Is it useful?
My personal opinion is that it may be harmful. The sea tactics may indeed be suitable for exams such as the college entrance examination, but they are definitely not suitable for exams such as the law exam. There is a difference between the two. As a sociological knowledge, law is far from the general basic knowledge such as "language, numbers and foreign languages" in nature. For the same problem, different viewpoints, conclusions and discussion methods will be completely different under different theoretical schools and different thinking modes. If the tactics of questioning the sea can be successful, its premise is that the questioner of the exercise and the questioner of the test questions are completely consistent in the above aspects, which is a very suspicious place. When we study the answers to the previous questions, we will notice that even the questioners in different years in the law exam have big or small differences in the above aspects, let alone the questioners! Therefore, improper use of sea tactics will be interfered by other ideas and affect the clarity of candidates' thinking. Of course, this kind of interference can be avoided if the candidates have deep cultivation; But if you really have such cultivation, why use the crowd tactics?
Do you have to recite many concepts and legal texts for preparing for the exam?
Of course, it's best to recite! Take the legal provisions as an example. If we can recite some provisions such as the General Principles of Civil Law and the General Principles of Criminal Law, it will certainly be beneficial and not harmful. However, now that computers are so developed, they should do memory work. The brain is still doing some creative work. what do you think?
What reference books should I read for preparing for the exam? Where can I find these books?
65438-0998 The Lawyers Qualification Examination Committee of the Ministry of Justice organized and compiled the "Designated Book for the National Lawyers Qualification Examination", and it is planned that the legal examination will be based on this set of books in the future, and the examination outline of that year will be published, and the legal examination proposition will be based on this outline. The complete set of books contains seven textbooks, including basic theory of law, 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 laws and regulations; Examination outline. After that, the book will be revised every year according to the newly promulgated laws and judicial interpretations of the country in the past year. The above books are needed for the exam. Considering the needs of the exam, this textbook tries to avoid the current academic disputes, mainly adopts general theory, and the length of each part is not large, so it is very difficult to really understand the problem with it. Some disciplines, such as criminal law, civil law, contract law, procedural law, etc. It is best to find orthodox textbooks to help you understand. Of course, if the candidate has an amazing memory, it is more than enough to cope with the exam without understanding. These books are generally sold to candidates at the registration point and also in bookstores in major cities. There is a place on the Internet that specializes in selling these books, and netizens can also go and have a look:
Besides the books for the law exam, what other books are necessary or should be read?
There are no books that must be read or should not be read for the law exam. For candidates with very solid professional skills, it is no problem to browse the law examination books several times and pass them. If you don't read them, you may not fail. For candidates who are not majoring in law, or whose professional skills are not very solid, it is not too difficult to pass the exam if they spend enough time on the law exam books. Of course, kung fu must be enough. For friends who are not majoring in law, if they have a strong interest in law and really want to know some problems when reviewing the law exam, then some auxiliary reference books are needed at this time. Of course, my friends hope to solve some problems without being too far away from reviewing the law exam; Not only improved my wisdom, but also passed the exam. To tell the truth, this is a wish that is too good to be realized, because there are some contradictions between the two aspects of the wish. A good book is not necessarily a useful book, because in such a world, usefulness is often achieved by other means.
What are the ways to qualify as a lawyer?
Looking at the laws and regulations of various countries, there are only two ways to obtain lawyer qualification: one is to obtain qualification through examination, and the other is to obtain qualification through examination. According to the provisions of Articles 6 and 7 of China's Lawyers Law, China implements a dual-track system, with the review method as the principle and the review method as the special case. Examination: Lawyer qualification is obtained through the national unified examination. Since 1986, China has implemented a unified national examination system for lawyers' qualifications. 19931October 28th, the Ministry of Justice decided to establish the "China Lawyers Qualification Examination Center", and the current Lawyers Law formally established the legal system of the national examination for lawyers' qualifications. 1986- 1992 is held every two years, and it has been held once a year since 1993, and it has been held for seven times so far. Evaluation: This method is only applicable to specific people as a special case. From the restoration of the lawyer system in 1979 to the first national unified examination of lawyer qualification in 1986, China adopted the method of obtaining lawyer qualification simply through examination, which was determined by the specific conditions at that time. From the founding of New China to 1979, there are only more than 20,000 graduates trained by political and legal colleges all over the country, and they are scattered in all walks of life. Due to the shortage of legal talents, the qualification of lawyers cannot be solved by examination. According to the situation at that time, the Ministry of Justice decided to obtain the qualification of lawyer, which was reviewed by the judicial bureau of the local law firm, approved by the judicial departments (bureaus) of provinces, autonomous regions and municipalities directly under the Central Government, and finally reported to the Ministry of Justice for the record.
What's the use of taking an examination of lawyers? How much gold is there?
China people and citizens who are engaged in lawyer work must first obtain the lawyer qualification recognized by the people's Republic of China and the Ministry of Justice before they can apply for a practicing certificate. If they are approved, they can practice as lawyers. Otherwise, they will be illegal. The China Lawyers Qualification Examination is not limited to students who graduated from regular law schools, which makes a considerable number of people qualify by endorsement for one or two months in a fast way, and formal legal education has no advantage at all; On the contrary, due to the important position of foreign languages in various industries in China, graduates from foreign languages departments in general schools are more popular than those from law departments in famous universities, so it is a wise choice for high school students to learn foreign languages before taking the postgraduate entrance examination in law departments. Those who learn "success" from abroad can get a master's degree in law in less than a year while overcoming language barriers, and their kung fu is not necessarily better than that of undergraduates in domestic schools. In most countries in the world, even Thailand, to qualify as a lawyer, you must receive legal training in a regular university before you can take the exam; In Japan, law school graduates from regular universities must pass written and oral examinations. Generally speaking, less than 5% of candidates can qualify as lawyers, let alone in the United States. ...
How to apply for lawyer qualification?
For candidates who have passed the lawyer's examination, the local judicial department will inform them in writing of the specific ways to apply for lawyer's qualification at the same time as issuing the notice of examination results, or directly send the "Application Form for Lawyer's Qualification". You should pay special attention to the fact that there is often a deadline for applying for qualifications, and you must do it within the prescribed time limit.