(1) Persons who meet the following conditions can register for the national judicial examination:
1. Have Chinese nationality;
2. Objection Constitution of the People's Republic of China, enjoy the right to vote and be elected;
3. Have full capacity for civil conduct;
4. Meet the academic and professional requirements of the Judges Law, the Prosecutors 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" and the "Opinions of the Ministry of Justice on Determining Places to Relax the Registration Conditions for the National Judicial Examination" , The fourth item mentioned above is about academic and professional requirements:
First, have a bachelor's degree or above in law from an institution of higher learning, or perhaps have 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; key counties for national poverty alleviation and development work approved by the State Council; counties under the jurisdiction of the Tibet Autonomous Region Cities, regions, counties, county-level cities, and municipal districts may relax academic requirements and require legal qualifications to be registered in law majors in institutions of higher learning. Obtain a college degree or above in law or a bachelor's degree in law or above; or obtain the qualification certificate for the 14-year legal course of the All-China Lawyers Correspondence Center; or engage in legal profession in political and legal or other departments or social groups and obtain the approval of the Ministry of Justice or the approval of various provinces, provinces, and municipalities before the end of 1996. 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 above-mentioned institutions of higher learning refer to universities, independent colleges and colleges, including higher vocational schools and adult colleges.
(2) Those who have any of the following circumstances cannot register to take the exam. Once the registration procedures are completed, the registration will be invalid:
1. Those who have been criminally punished for intentional meritorious service;
2. Being dismissed from public office by a state agency;
3. Having a lawyer's practicing license revoked;
4. According to Article 1 of the "National Judicial Examination Implementation Measures (Trial)" Article 18 stipulates that those who are sentenced to two years are not allowed to register for the national judicial examination, and the time limit has not expired; or they are sentenced to life and are not allowed to register for the national judicial examination.
Clarification of difficult issues regarding judicial examination registration qualifications
The recognition, 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 requirements for registering for the National Judicial Examination are determined based on the academic requirements for judges, prosecutors and lawyers in the "Judges Law", "Prosecutors Law" and "Lawyers Law". The academic qualifications of the three regulations are based on the academic qualifications of higher education institutions. Regarding the definition of higher education institutions, Article 68 of the Higher Education Law has clear provisions. This rule has been introduced in detail in the 2003 National Judicial Examination Announcement issued by the Ministry of Justice.
According to legal provisions and the relevant regulations and interpretations of academic qualifications by the education administration department, the scope of academic qualifications and diplomas recognized by the state is: (1) With the consent of the national education administration department, private universities and adult colleges and universities (including graduate students) academic certificate issued by a scientific research 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 directly under the Central Government) authorized by the State Council Self-study Examination Committee, higher education diploma examination graduation certificate; (3) listed Graduation certificates obtained by current students of Party schools and military academies who have entered the national enrollment plan and participated in the national unified examination with the approval of the national education department; (4) Short-distance (online) education graduation issued by ordinary colleges and universities approved by the Ministry of Education to implement online education pilots Certificate; (5) Academic certificate issued by the Ministry of Education, General Counsel Department, and General Political Department in accordance with the "Interim Rules for the Management of Academic Certificates in Colleges and Universities of the Chinese People's Liberation Army". 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 materials:
Over the years, the passing rate of law examinations has been very low, mainly because more 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, and the passing rate of previous law examinations was about 10. So you must make up your mind to take the teacher examination and give it your all. With this attitude, coupled with correct learning methods, superstitious teaching materials, and one-sided 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 clearance rate is not terrible, the key depends on your attitude towards participation.
What procedures need to be completed to register for the lawyer qualification examination?
To register for the lawyer qualification examination, you should bring your identity certificate, academic certificate (with original and prepared copies) and recent one-inch bareheaded photos (three) to the local judicial administrative agency to register. 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 should I register and when should 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 generally on consecutive Saturdays and Sundays in early October each year.
Which channels can I get official information about the law exam?
Usually pay attention to local official newspapers to keep abreast of news 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. The stall owner will also release the audio on this site 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 examination covers many legal disciplines, but far from all legal disciplines. Please refer to the annual law examination syllabus for detailed information.
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 legal topics, 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 oral examination began in 1992 and was determined to be a four-paper examination. In 1996, a foreign language was added and local standardized examinations were officially carried out. 1997, Foreign Languages ??Integrated into General Knowledge Vol. The four-paper exam usually takes three hours to answer each question and is completed in two days. The detailed examination methods for that year will be posted and announced by the judicial administration department at the time of registration. Please pay attention when registering. Usually the standardized question types are single choice, multiple choice, and any choice, and 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. Each paper is qualified, but the threshold cannot be missed, 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 its rules, make a reasonable plan based on your own situation, and then actually implement the plan, you should be able to have a good grasp. As for how to understand the rules of the exam, of course you must start with the analysis of previous questions and selectively absorb other people's experiences to get twice the result with half the effort. The purpose of this column is to establish itself as a * * * enjoyment base to display and exchange experiences. As for preparation time, idleness is considered a difficult issue to determine.
According to experience, 2-4 weeks should be enough for law undergraduates to be in good condition, and it takes about 3 months for law students or undergraduates to master it.
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 high school entrance exams, but it is definitely not suitable for exams such as law exams. 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 a strange problem, there will be completely different ideas, conclusions and explanation methods, different theories, different schools of thought, and different formulas. If the question sea tactic can be successful, its premise is that the questioner of the exercise and the questioner are completely consistent in the above aspects, and this is very suspicious. When we study the answers to the previous 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, if the question-sea tactic is not used properly, it will be interfered with by other thoughts and affect the candidates' clear thinking. Of course, if the candidates have deep self-cultivation, this kind of interference can be prevented; but if they have such self-cultivation, why should they use the human sea tactic?
Is it necessary to memorize more 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 Book for the National Lawyer Qualification Examination" and plans to publish the current year's examination syllabus based on this set of books every year for the legal examination. The legal examination questions are based on This outline is based on. The complete set of books includes seven textbooks: 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. The book will be revised every year thereafter based on the country's newly announced laws and judicial interpretations in the past year. The above books are required for the exam. This set of teaching materials takes into account the needs of the exam and tries to avoid future academic disputes. It mainly uses general theory, and the length of each part is not large. It is very difficult to use it to truly understand the problem. For some subjects, such as criminal law, civil law, contract law, and procedural law, 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?
When preparing for the law exam, there is no book that must be read, and there is no book that should not be read. For candidates with solid professional skills, it is no problem to read the law examination books several times, and it is not necessarily impossible to pass if they do not read them. Candidates majoring in law may have a weak professional foundation. If you spend enough time on the law exam books, passing the law exam is not too difficult. Of course, the effort must be sufficient. For friends majoring in law, if they develop a strong interest in law while reviewing for the law exam and really want to understand some more difficult issues, then they will need some supplementary reference books at this time. Of course, friends hope that they can deal with some difficult problems without being too far away from reviewing for the law exam; they can not only increase 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 no more than 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, in which the examination method shall prevail and the assessment method shall be a special case. 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 purely through examinations. This method was determined by specific requirements in advance. 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, scattered in all walks of life. Because of the lack of legal talent, it is impossible to pass the examination to deal with the issue of lawyer qualification. Based on the previous situation, the Ministry of Justice decided that to obtain lawyer qualifications, local law firms should report to the local (city) Justice Bureau for review, the provincial, autonomous region, and municipality Justice Department (bureau) for approval, and finally report 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 engaged in the legal profession must first obtain the lawyer qualifications agreed upon by the Chinese 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 legally employed. 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 through one or two months of endorsement. Formal legal education has no advantage at all; on the contrary, due to the important status of foreign languages ????in various industries in China, Graduates from a school's foreign language department are generally more popular than graduates from a prestigious university's law department. It is a wise choice for high school students to learn foreign languages ??first and then take the postgraduate entrance examination in the law department. Those who "successfully" study abroad have to overcome language barriers and lack undergraduate students who can obtain a master's degree in law in one year, and their skills are not necessarily better than those in 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 oral and written examinations. Typically, only 5 candidates lack the qualifications to become lawyers, let alone those in the United States...
How to apply for the bar?
For candidates who have passed the bar exam, the local judicial department will notify them in writing of the detailed method for requesting lawyer qualifications when issuing the test result notification, and may also directly send the "Lawyer Qualification Declaration Form" . You should pay special attention to the fact that application qualifications often have deadlines, and you must apply within the specified period. This is the answer to whether the National Practicing Lawyer Registration Examination will be changed in 2019. 71