For a long time, because the passing score of the judicial examination is relatively fixed, the majority of candidates have a wrong understanding that the judicial examination is a 360-point examination. In fact, the Ministry of Justice will announce the passing scores of the year before the results of the annual judicial examination are announced. Generally, 360 points (out of a total of 600 points) or 240 points (out of a total of 400 points) are used as several scores, which makes some candidates think that they can pass the judicial examination as long as they pass 360 points. However, in fact, the judicial examination is a selective examination. As an entry-level examination of legal profession, the state carries out macro-control on the number and proportion of people who pass each year. For example, relaxing registration qualifications and scores in the western region where legal talents are scarce is the best example. Therefore, if you want to pass the judicial examination, don't score 360 points, but squeeze into the top 12% (although the passing rate of the judicial examination is increasing year by year, I think the top 12% is an area with a high safety factor in recent years).
2. Re-understanding of the passing rate of department-level examinations.
The judicial examination is known as "the first examination in the world". Although this statement is somewhat exaggerated, the difficulty of the judicial examination is self-evident, which can be reflected from the passing rate of the judicial examination. The passing rate of judicial examination will become a hot topic in the field of judicial examination every year without exception. Those who pass will feel a sense of pride, and those who fail will take it as a comfort. In any case, this data is cruel, but in my opinion, it is also reasonable. A comprehensive survey of the judicial examination system and current situation in various countries in the world shows that the passing rate of judicial examination in China is surprisingly high. For example, in Japan and Britain, the passing rate of college entrance examination is only about 1%.
In my opinion, China's high passing rate is in line with the overall level of rule of law in China. Compared with developed countries, the level of rule of law in China is relatively backward, and legal professionals are also quite short, and there is even a gap in some backward areas. At present, an important task of China's judicial construction is to develop legal professionals quickly, stably and healthily. Therefore, at present, the high pass rate of judicial examination in China should be reasonable, but this situation will not last long. After several years of rapid development, with the continuous improvement of the requirements for the legal profession and the increase of the reference staff base year by year, the passing rate of the judicial examination will gradually decline.
3, the law of "eternity" in the judicial examination-the heavy one remains the same.
There are about 200 laws, large and small, in the judicial examination syllabus, involving more than 10000. This is only a part of the whole legal system, or an important part. However, for preparing for the judicial examination, the contents covered by these laws are enough to make all candidates daunting.
So, how should we review? Is it all? Or just part of it? What to see and what not to see? How to treat it? I believe many people will have such questions. Although, from the perspective of learning knowledge and improving professional level, I am absolutely in favor of mastering all knowledge points in an all-round way. But this is not realistic. No one has enough energy to master so much content, which is actually unnecessary. Because, in the judicial examination, there is an "eternal" law, that is, "whoever is heavy will always be heavy." According to statistics, the scores of criminal law, civil law, three major procedural laws, company law and administrative law in the judicial examination are between 65 and 70%, of which criminal law and civil law are the most important. This state is vividly demonstrated in the judicial examination every year. In fact, this is inseparable from the position of various departments in the whole legal system. Therefore, some people say that in the exam, the person who gets civil punishment wins the world.
For example, in 2004 and 2005, the content of the crime of intentional homicide was investigated, and it will be tested in 2006 and 2007, and it will definitely be tested in 2008, because it is the focus of criminal law, and its status cannot change with time (of course, if the so-called "great harmony" society is really realized, it is another matter.
Step 4 collect review materials
With the growth of judicial examination, the examination industry has also developed. Various remedial classes, books and materials emerge in an endless stream, which has advantages and disadvantages for the majority of candidates. How to choose the appropriate review materials has become our primary task. In my opinion, different materials have their own characteristics and emphases. If we can integrate these materials, learn from each other's strengths and give full play to their respective maximum effects, I believe we can get twice the result with half the effort.
At present, the commonly used review materials include the following:
(1) National Judicial Examination Guidance Book
Commonly known as "designated textbooks", * * * three books are arranged according to the contents of the first three books of the judicial examination. It was originally the official textbook of the examination organized by the Ministry of Justice. After the promulgation of the Administrative Licensing Law, the title of "designated teaching materials" was abolished. However, as the only special textbook compiled by the Ministry of Justice, its status as a "designated textbook" is still beyond doubt. Therefore, as a candidate, we should also pay enough attention to it. When some textbooks or review materials are controversial about a certain point of view, the point of view of the counseling book should prevail. Of course, the contents in the three books are still relatively rich, and many contents do not seem to play a big role in the judicial examination. When reviewing, we should also consider the specific situation.
(2) Lecture series teaching materials
This kind of teaching materials are generally "folk teaching materials" compiled by universities, legal research institutions or examination counseling institutions, such as a series of lectures compiled by Wanguo. The characteristics of this kind of teaching materials are focused and highly summarized, and candidates can save a lot of energy to sum up knowledge points when reviewing. I think the review can be interspersed with counseling books from the Ministry of Justice, and the effect will be better.
(3) Compilation of laws
Every year, various law publishing houses will publish some compilations of laws and regulations for examinations, and there will also be some key articles to read. We must pay enough attention to the key laws and regulations. According to statistics, although there are more than 1 10,000 laws within the examination scope, only about 600 laws are actually examined every year, and since the judicial examination in 2002, there have been no more than 3,000 laws. For other "dormant" laws, on the one hand, their importance is relatively small, on the other hand, some laws are untestable. This also reflects the law of "the most important person is always heavy".
Therefore, it is particularly important to comprehensively review and master key laws and regulations. It is the main scoring point in the judicial examination. For other laws and regulations, we should also understand and be able to combine them.
(4) Conventional teaching materials
The so-called conventional textbooks refer to some ordinary textbooks. The reason I read these books is mainly related to the proposer. For example, a few years ago, Zhang Mingkai and Chen Xingliang were proposers in the criminal law section, so many candidates would read their criminal law textbooks. From this, we can not only understand their views on some controversial issues, grasp the context of answering questions, but also make bold predictions about their writing ideas.
However, I don't think this review method is suitable for most candidates. Because this method helps candidates to master the knowledge points in depth, it is difficult to cover everything, and it is inevitable to lose sight of one thing and lose sight of another, but it is not worth the candle. Therefore, for those candidates who have a solid foundation and have enough time to review, such textbooks can be properly considered.
(5) Historical issues
As far as the judicial examination is concerned, the role of real questions over the years is still quite prominent, so we must have enough understanding-be kind to real questions. It should be said that the real questions over the years are the essence of judicial examination, and the knowledge points within the scope of judicial examination are displayed in the form of questions, which is also the crystallization of the wisdom of proposition experts.
How to make good use of real questions is the key issue. Once a candidate passed the departmental examination only by looking at the key rules and doing real questions, which illustrates this point. In my opinion, the most important thing is that the real questions must be done repeatedly, not only to know why, but also to know why. You should really understand every real question, not just remember the answer. When making a review plan, the real questions should be listed separately and interspersed in each round of review. My advice is to do the real questions at least two or three times. I hope that every time I have a different harvest, I can have a deeper understanding of the connotation of the topic every time.
(6) Text and audio data circulating in the network.
The Internet has brought a lot of convenience to our study and communication. At present, there are many websites and forums dedicated to judicial examination on the Internet. Many candidates will post their own learning experience and experience here. In addition, there will be a lot of review materials there. These materials are mainly the main points and difficulties summarized by the candidates themselves, as well as the audio materials of lectures and lectures compiled by everyone from various remedial classes. It should be said that the role of these materials is still very great, and sometimes it can bring unexpected gains to everyone.
5. Review methods of laws of various departments
Based on the different characteristics of each department law and its different importance in the judicial examination system, the review methods of each department law are also different. According to my review experience, it can be divided into four echelons:
The first echelon: including criminal law and civil law. As mentioned above, civil law and criminal law must be attached great importance to those who win the civil rights and the world. Judging from the exams in the last two or three years, this part of the exam is more and more focused on theory. Therefore, the textbooks of these two departmental laws must be thoroughly understood (the textbooks here generally refer to the national judicial examination counseling books, the same below), which is the foundation. Of course, for criminal law, we can only look at the general principles, and criminal law theories are basically concentrated in the general principles. For them, they must learn from the height of theory and master the knowledge points of principles, rather than simply memorizing rules. Then look at the key laws and regulations, we must fully grasp the key laws and regulations and use them freely. Then read through all the laws and regulations to achieve a comprehensive effect.
The second echelon: including criminal procedure law and civil procedure law (including arbitration law). The scores of these two departmental laws and the administrative procedure law of the third echelon are generally around 180, accounting for one third of the judicial examination. Therefore, judging from the test scores, the three major procedural laws must be placed in the most important position. Moreover, the review of this part of the content is not as flexible as other departmental laws, and the procedural law is mostly the direct provision of reviewing the law (the administrative procedural law is slightly different). When reviewing, we should directly face the provisions and fully grasp every article of the procedural law. It should be said that every article of the procedural law is testable because it is operable. As for the arbitration law, the content of the law is not much, but the score is about 10 per year. It can be said that arbitration law is the best law. The goal of many exam counseling institutions is "procedural law does not lose points", and we can also use this as our review goal to truly grasp the big and put the small.
The third echelon: including administrative law, administrative procedure law, commercial law, economic law, constitution, intellectual property law, judicial system and legal professional ethics. This part of the content is complicated, the law is redundant and the theory is relatively weak. For this part of the content, we can only look at the key laws and regulations. From the experience, it is enough to master the key laws and regulations. Many of these laws are untestable. For example, only 10, 1 1, 4 1 and 42 can be tested in the Environmental Protection Law. So just master these four rules when reviewing. This can save a lot of detours.
The fourth echelon: including jurisprudence, legal history and Three Kingdoms Law (international law, private international law and international economic law). This part of the content itself has no legal provisions, and it is not necessary to read the international treaties in the Three Kingdoms Law. In fact, it is impossible to have the energy to master the contents of international treaties. Therefore, for the fourth echelon, just look at the textbooks.