The National Judicial Examination is a unified national qualification examination for specific legal professions. First-time judges, prosecutors and lawyers must pass the national judicial examination. Qualified persons who have passed the national judicial examination may apply to the Ministry of Justice for granting legal professional qualifications.
Based on this, the goal of the National Judicial Examination is to use scientific, reasonable, fair and impartial judicial examination methods to test whether candidates have what it takes to serve as judges, prosecutors and practicing lawyers, and to engage in the legal profession. knowledge, ability.
2. Examination Contents and Subjects
According to the "Implementation Measures for the National Judicial Examination (Trial)", the content of the National Judicial Examination includes: theoretical law, applied law, current legal provisions, and legal practice and legal professional ethics. Accordingly, with reference to the main curriculum of the Ministry of Education’s law major, the subjects of the 2005 National Judicial Examination are: Jurisprudence, Legal History, Constitutional Law, Administrative Law and Administrative Procedure Law, Criminal Law, Criminal Procedure Law, Civil Law, Civil Procedure Law, Commercial Law, Economic law, international law, private international law, international economic law, and legal ethics, a total of 14 subjects****.
3. Examination Method
The National Judicial Examination adopts a closed-book written examination method and is conducted over two days.
IV. Test Paper Structure and Examination Requirements
The specific structure of the 2005 National Judicial Examination Paper:
Test Paper 1: This paper **** 100 questions, composed of It consists of single-choice questions, multiple-choice questions, and indefinite-choice questions. Among them, there are 50 single-choice questions, each worth 1 point; 50 multiple-choice and indefinite-choice questions, each worth 2 points. The full score of this paper is 150 points, and the test time is 180 minutes.
This volume includes the following contents: jurisprudence, legal history, constitutional law, economic law, international law, private international law, international economic law, and legal ethics.
Examination Paper 2: This examination paper has 100 questions, consisting of single-choice questions, multiple-choice questions and indefinite-choice questions. Among them, there are 50 single-choice questions, each worth 1 point; and 50 multiple-choice and indefinite-choice questions, each worth 2 points. The test paper is worth 150 points and the test time is 180 minutes.
This test paper includes the following subjects: Criminal Law, Criminal Procedure Law, Administrative Law, and Administrative Procedure Law.
Examination Paper 3: This examination paper contains 100 questions, consisting of single-choice questions, multiple-choice questions and indefinite-choice questions. Among them, there are 50 single-choice questions, each worth 1 point; and 50 multiple-choice and indefinite-choice questions, each worth 2 points. The full score of this paper is 150 points, and the exam time is 180 minutes.
This volume includes the following contents: civil law, commercial law, and civil procedure law (including arbitration system).
Examination Paper 4: This paper includes brief analysis questions, analysis questions, legal document questions, and essay questions. The full score of this paper is 150 points and the examination time is 210 minutes
This paper includes the following subjects: Jurisprudence, Constitutional Law, Administrative Law and Administrative Procedure Law, Criminal Law, Criminal Procedure Law, Civil Law, Commercial Law and Civil Procedure Law .
The total score for the above four papers is 600 points. Eligible candidates must take all exams in the above four papers, and there must be no zero points in the four papers. The scores for each test paper are valid for the year in which the candidate takes the test.
V. Questions and examples
(1) Multiple choice questions
Requirements: Each question is given four options. Only one option is correct. Candidates should Select the correct option and fill in the corresponding position on the answer sheet as required. No points will be awarded for multiple selections or no selections.
Example: In order to prevent others from stealing flowers, Mr. Li, a professional flower grower, set up a private power grid around the flower house. One night, Bai accidentally received an electric shock while stealing flowers. He died after being sent to the hospital where rescue efforts failed. What is Li's subjective psychological attitude towards this result?
A. Direct intention B. Indirect intention C. Overconfidence fault D. Negligence fault
(2) Multiple choice questions
Answer requirements: Four options are given for each question. If two or more answers among the options are correct, the examinee should select the correct option and fill it in the corresponding position on the answer sheet as required. Multiple choices, few choices, or no choices should not be left on the answer sheet. The corresponding content should be filled in.
Example: Company A and Company B obtained a bill of exchange with a face value of 1 million yuan in a transaction. The drawer was Company B and the payee was Company C. Company C guaranteed Company D and Garrison Company on the bill. Among them, Ding Company guaranteed 800,000 yuan, and Weishu Company guaranteed 200,000 yuan. Later, Company C refused to accept the bill. Which of the following is correct? A. Company A can recover 1 million yuan from Company B after refusing to accept;
B. Company A can only require Company B to pay according to the transaction contract with Company B after refusing to accept;
C． Company A can only recover 800,000 yuan from Company D and pay 200,000 yuan to Company B;
D. Dinghe Company should bear compensation liability to Company A D. Ding and Xiu should bear joint and several liability to Company A
(3) Indefinite multiple-choice questions
Requirements: Four options are given for each question, with one or several options (including Four) are correct. During the exam, you should select the correct option and fill it in the corresponding position on the answer sheet as required. There will be no points for choosing more, choosing less, or not choosing at all. Example: In a traffic penalty case heard by the court, the defendant provided a scene record of the party running a red light. The scene transcript stated the time and place where the client ran the red light and refused to sign, but there was no signature from the client and no other witnesses. The plaintiff claimed that he was not present at the time and asked a friend to testify on his behalf. Based on the evidence provided by the plaintiff and defendant, how should the court determine?
A. The court can determine that the plaintiff ran a red light;
B. The court can determine that the plaintiff did not run the red light;
C. The court may not find that the plaintiff did not run the red light;
D. The court may require further investigation before reaching a conclusion. (4) Brief analysis questions
Requirements: Candidates are required to answer the substantive questions. Candidates should read the question stem and title carefully and answer as required.
Example: Zhao was alone. Due to work needs, he handed over an heirloom antique to his neighbor Qian for safekeeping. Because he needed money for his wedding, in desperation, he falsely claimed that the antique belonged to him and sold it to an antique collector, Sun, for a profit of 10,000 yuan. Due to capital turnover needs, Sun borrowed 20,000 yuan from Li. The two parties agreed to pledge the antiques to Li. If Sun did not redeem them upon maturity, the antiques would belong to Li. During this period, Zhao went out to work, and his house was in danger of collapsing. Therefore, the house was adjacent to Qian's house. If the house collapsed, there was a risk of endangering Qian's house. Qian then asked the construction team to repair Zhao's house, and agreed that the construction costs would be paid by Zhao after Zhao returned them. After the house was repaired, it collapsed due to a typhoon that never happened in a century. At the end of the year, Zhao returned to the village and had a dispute over antiques and money for house repairs. Please answer the following questions:
1. Is the sales contract between Qian and Sun valid? Why?
2. Can Sun obtain ownership of the antique? Why?
3. What legal relationship was formed when Sun pawned the antiques to Li?
4. Sun and Li agreed that if Sun did not redeem the antique, the antique would belong to Li. What is the validity of this agreement? Why?
5. Qian asked the construction team to reinforce Zhao's house. What kind of legal relationship does this fact create between Qian and Zhao?
6. If Zhao refuses to pay the construction team, who should the construction team request payment from? Why?
7. What legal claims can Zhao make against Qian for selling antiques without authorization?
(5) Analysis
Requirements: Candidates are required to conduct a comprehensive analysis of the case. Candidates should read the question stem and questions carefully and answer according to the requirements.
Example: Li has been asking pedestrians on the roadside in City A for a long time if they need an ID card, and then sends the photos, addresses and other information of the people who need ID cards to He for forgery. After He forged it, Li handed it over to the buyer. During this period, Li used a forged ID card to apply for mobile phone network access and used his mobile phone, causing a loss of more than 3,000 yuan in telecommunications tariffs. One night in late April 2001, when Li asked pedestrians on the road if they needed an ID card, he found Qian walking alone, so he rushed behind him, snatched his backpack (containing property worth 2,000 yuan) and fled quickly. Qian shouted loudly to catch the robbers. When policeman Zhao passed by, Zhao stopped Li. At this time, Li took out a triangular scraper, stabbed Zhao in the waist and fled, causing Zhao to be seriously injured.
After the public security bureau of City A captured Li, they contacted the public security bureau of City B, where Li lived, and discovered that Li had overdrafted RMB 10,000 using a credit card in City B and fled to City A to avoid bank collection.
Question: Please analyze the nature of Li’s actions based on the above cases, and please explain the reasons.
(6) Legal document questions
Answer requirements: The candidates are required to process and organize the factual materials provided in the test questions, and mark out the corresponding legal documents according to the requirements of the test questions. Or require candidates to find errors in the legal documents provided in the test questions and explain the reasons or conduct analysis. Legal document questions require standardized answer formats, smooth text, correct punctuation, and no grammatical errors.
Example: The defendant Li, male, born on August 2, 1970, Han nationality, farmer, lives in Long'an Village, Chishan City. On the morning of September 7, 2000, the defendant Li passed through the suburbs of the city and saw the victim Xu (female, 34 years old) herding sheep alone on the grassy beach, so he came up to talk to her. During the conversation, Li had the idea of ????raping, so he pulled Xu into a nearby ditch and pushed him to the ground, and forcibly tore Xu's pants in order to rape him. Xu resisted vigorously and shouted for help. Fearing that his crime would be exposed, Li pulled out the dagger he carried and stabbed Xu in the abdomen. Xu continued to call for help. Li held Xu's neck with one hand and stabbed Xu several times in the abdomen with a dagger, causing Xu to die on the spot. Li took Xu's watch and 80 yuan from Xu's body, and moved Xu's body to a nearby place for burial. Later, Li drove the victim's 125 sheep to Gaojiadian, a neighboring village, and was discovered when he was preparing to sell the stolen goods. Li fled in fear of crime and was later captured and brought to justice.
Question: Assume that you are the prosecutor in this case. Please write an indictment based on the above case.
Answer requirements:
1. The format is correct and there should be a complete list of matters;
2. The evidence is required to be legal and qualitative;
< p> 3. The text should be smooth and concise, without grammatical errors or typos;4. Questions that do not involve the natural situation of the parties or the names and numbers of the judicial authorities can be arranged by themselves, but the examiner must not be signed! The name of the examiner shall not be used.
(7) Essay questions
Requirements: Candidates are required to use legal knowledge, integrate theory with practice, and analyze and discuss based on the materials provided. Essay questions require clear viewpoints, thorough reasoning, fluent language, strict logic, and accurate expression.
Example: Man A and woman B are next-door neighbors. Because A often gathers three or four friends to play mahjong at home, sometimes all night long, the noise seriously affects B's family's normal rest. B told A many times that he was not in good health and had neurasthenia, his children wanted to study, and he hoped not to disturb other people overnight. A's family is playing mahjong, and B knocks on the door again to express dissatisfaction. A thinks that B has lost face in front of his friends, so he makes rude remarks and insults B as a psychopath. B also criticized A for not doing his job properly and acting like a gambler. A quarrel ensued between the two parties, which attracted dozens of people nearby to watch and persuade both parties to be tolerant. A got angry, stepped forward and grabbed B's clothes and said, "I am a gambler and you are a prostitute." B was furious and turned around to leave, but was pulled away. During the struggle, B's shirt was torn and part of his upper body was exposed. B was so humiliated that his nerves were severely stimulated, his neurasthenia worsened, and he was unable to live and work normally, so his foreign company fired him. Treatment and recuperation, without a source of livelihood, have caused harm to B's body, mind, and property. Later, a friend told B that this matter could not be let go and an explanation must be sought. As a legal professional, what legal channels or methods do you think are available to B to protect his rights and interests according to the provisions of our country's laws? Based on the actual circumstances of this case, which method do you think will have better social effects and superiority? Please explain your reasons. Requirements: 1: 1. Use legal and social knowledge to explain your opinions and reasons; 2. Well-founded, logical, fluent language, and accurate expression; 3. No less than 500 words.
Judicial Examination Outline
Revision Instructions
According to the "National Judicial Examination Implementation Measures (Trial)" and the overall arrangements for the 2005 National Judicial Examination, the Ministry of Justice organized Experts revised and improved the syllabus based on the "2004 National Judicial Examination Syllabus".
The syllabus includes the following two parts: First, the description of the 2005 National Judicial Examination; second, the key points and scope of each subject examination.
During the preparation and revision process of this syllabus, we received input from the Supreme People’s Court, the Supreme People’s Procuratorate, the All-China Lawyers Association, the Institute of Law of the Chinese Academy of Social Sciences, Peking University, Tsinghua University, Renmin University of China, and China University of Political Science and Law.
The Institute of Law of the Chinese Academy of Social Sciences, Peking University, Tsinghua University, Renmin University of China, China University of Political Science and Law, Southwest University of Political Science and Law, China Foreign Affairs University, Jilin University, Wuhan University, East China University of Political Science and Law, Central South University We would like to express our gratitude to the University of Finance and Economics and Law, South China University of Technology, Beijing Hanhua Law Firm, Beijing Jincheng Law Firm and other units for their strong support and help.
Ministry of Justice of the People's Republic of China