According to the second article of the bar examination method, "the bar examination is the state's professional qualification examination. Examination scores reach the admission score and the examination of qualified persons, the Ministry of Justice awarded the lawyer qualification." The bar examination is organized by the Ministry of Justice and is held once a year.
2, why do you need to take the bar exam, or what is the use of the law exam?
For most of the preparation for the lawyer as a career friends, through the qualification examination is the way to become a lawyer; For some of the more stable career friends, take the examination is to try a feasible way to career change; For some of the admirable "every teacher must test" friends, the test itself is a good opportunity to hone the skills of the test; For many of the law of unfamiliarity, but curious about the friends, to take the examination is a way to contact the law, but not a way to get in touch with the law. For many friends who are unfamiliar with the law but curious about it, taking the test is a kind of motivation and pressure to get in touch with legal knowledge. Of course, we can not rule out the purely for the sake of addiction and take the test "strange people", frankly speaking, the file owner belongs to this category.
3, through the bar exam can be a lawyer?
Not yet. China's implementation of the lawyer qualification and lawyers practice separate system, through the law exam only obtained a lawyer qualification, to be a lawyer, you must also apply for a lawyer's license. According to the "lawyers law", apply for the issuance of a certificate of practice of lawyers, should have the following conditions: (1) support the Constitution of China; (2) with the qualification of lawyers; (3) in the law firm internship for one year; (4) good conduct, one of the following circumstances, not issued a certificate of practice of lawyers: ① incapable of civil behavior or limit the ability to act in civil matters; ② have been subjected to criminal penalties, except for negligence; ③ be Dismissal from public office or has been revoked lawyer's license; ④ belong to the state organs of the current staff.
4, can I intern in a law firm for a year, and then take the bar, so that I can get the qualification certificate and then apply for a practicing certificate?
It is understandable that you want to get a lawyer's license faster through this method, but as far as I know this method is not feasible at the moment, at least in Guangzhou. Because a formal internship requires an internship certificate, which in turn requires a lawyer's license, an internship without an internship certificate is not considered a condition for the issuance of a lawyer's license. Of course, this type of internship is still helpful to improve the lawyer's practical ability and professional experience.
5, want to be a lawyer, do not take the bar exam?
In addition to the examination, those who have special conditions can be qualified to be a lawyer through the examination method. The main conditions are: the age of 65 years old, bachelor's degree in law or above, and have ① in the law school of higher education (department) or law research institutions engaged in legal education or research work, has obtained a senior title; or ② with a master's degree or above, with more than 3 years of legal experience or more than 1 year in the work of law firms; or ③ is other with a senior title or the equivalent of the level of professionalism, meet one of these three conditions If a person meets one of these three conditions, he/she can be qualified as a lawyer through application, examination and conferment. Those who do not meet these conditions can only qualify by taking the bar examination; even those who meet the above conditions can choose to qualify by taking the bar examination.
6. How long can I keep my qualification if I do not work as a lawyer after getting the bar license?
According to the current laws and regulations, there is no further restriction on this, which can be interpreted as retained for life.
7, what are the requirements for the bar examination?
Lawyer qualification examination method expressly provides:
Article 5 meet the following conditions, may apply for the bar examination;
(a) uphold the "Chinese people's **** and the state constitution", enjoy the right to vote and the right to stand for election;
(b) has the capacity for full civil behavior;
(c) obtain a college or university of law degree or above or the right to vote. (c) have obtained a bachelor's degree or higher in a law specialty or an equivalent professional level, and a bachelor's degree or higher in a non-law specialty from an institution of higher learning;
(d) be of good moral character.
Article 6 A person who has one of the following circumstances shall not be allowed to enroll for the bar examination, and if he has already gone through the enrollment procedure, the enrollment shall be invalidated:
(1) those who are incapable of civil conduct or those who are restricted in their civil conduct capacity;
(2) those who have been criminally punished for an intentional crime;
(3) those who have been dismissed from public office;
(4) those who have been disbarred.
8, apply for the bar examination to do those formalities?
Lawyer qualification examination regulations:
Article 7 applicants should truthfully fill out the application form, and submit the following materials:
(a) the original and copies of academic certificates;
(b) the original and photocopies of identity cards;
(c) proof of domicile.
Persons who do not enroll in the place of their household registration shall submit a resident's temporary residence permit issued by the public security authorities of the place of enrollment.
Article VIII of the applicants shall pay the application fee.
The standard of the registration fee by the provinces, autonomous regions and municipalities directly under the Central Government Department of Justice (Bureau) in conjunction with the same level of fee management department to determine. Registration fee should be used exclusively for the examination of the work of the various expenditures.
9, when to register, when the examination?
The bar exam is held on July 1-July 31 each year, and the exam is held on the 3rd Saturday and Sunday of October each year.
10, I work in Guangzhou, but the household registration is in Zhanjiang, and it is not yet known where I will come to develop. Where is the best place to register for the exam?
Lawyer qualification is not limited to geographical area, the whole country. Therefore, the stallholder suggested that you mainly from the point of view of the convenience of review and examination to consider the issue of registration location.
11, from which way can officially learn about the news about the law examination?
General attention to the local official organs of the newspaper, you can learn about the law examination registration news in a timely manner. The most convenient way is to ask directly to the local Judicial Bureau Lawyer Administration Department, 114 very useful. Stallholders will also post news on this site as promptly as possible.
12, how many law exams? Is it all law?
The latest lawyers qualification examination expressly provides:
Article XVI of the National Lawyers Qualification Examination subjects include: the Constitution, the basic theory of law, administrative law, criminal law, civil law, commercial law, economic law, criminal procedure law, civil litigation law, administrative litigation law, international law, international private law, international economic law, lawyers system and practice. The scope of the question paper shall be limited to the Syllabus of the Bar Examination published by the Ministry of Justice.
13, how to take the test? Is there a fixed passing score line?
Closed-book written examination. From 1992 to determine the four-volume examination, a foreign language in 1996 and formally part of the standardized test, in 1997, the foreign language combined in the comprehensive knowledge volume. The four-volume examination, each volume of the answer time is generally three hours, two days to complete the examination. The specific test methods of that year will be announced by the judicial administrative department at the time of registration, so please pay attention to the registration. In general, the standardized questions are single choice, multiple choice and arbitrary choice questions, non-standardized questions for the terminology, short answer questions, case studies and paperwork, etc. In the past three years, non-standardized questions are basically stereotyped as case studies and paperwork.
From 2000 the beginning of the law admission system for major reforms, according to the lawyers qualification examination:
Article 36 of the Ministry of Justice each year to determine and publish the amount of the current year's examination for the granting of legal qualifications.
Article 37 After the examination, the Ministry of Justice, according to the amount of the current year's examination to grant lawyers licenses, according to the score from high to low in order of admission.
The examinees whose scores on the examination and those whose scores have been verified to reach the minimum admission score shall be admitted, and shall not be subject to the limitations on the amount of lawyers' qualifications to be conferred by the examination as stipulated in Article 36 of these Measures.
No admission shall be granted to candidates who have a record of absence from the examination or who have a score of zero on one of the papers.
14, the bar exam is not very difficult?
It varies from person to person. Stallholder thought, the difficulty of the law exam can be described as follows: a recent law graduate, sloppy in school when studying is still passable, in the law exam before concentrating on serious preparation for 2-4 weeks, the exam without incident. That should pass.
Tip: some friends in 1998 after the law exam on the stall owner of the above mentioned questioned, that in fact, the law exam is more difficult than what is said here, which is mainly related to the 98 exam too much memorization of the content. The above statement is based on his own personal experience, and can only be used as a reference, never as a "guide"!
15, I am studying science and technology, usually not much contact with the law, I do not know if there is any hope of passing?
Of course there is hope, and there are many precedents, for example, Michael, who was active on the file in 1998, is a computer science student, and he passed the exam with 240 points in 1998, and is now working in a law firm in Quanzhou. In addition, from the 1999 netizen's good news situation, the score in the top candidates are actually most of the friends of the science and technology background. I do not know should be considered the university of law education of the sad, or should be considered the success of the university of science and technology education?
In the owner's humble opinion, according to the current law exam exam, the candidates have three main requirements: legal knowledge, memory skills, answering skills, and the importance of the three are difficult to distinguish between them. To science and technology undergraduates compared with law college students, in addition to the lack of the first, the latter two have the advantage, so in the same conditions of review, they hope to pass the size of the difficult to distinguish.
16, I heard that the law exam is very wide range of exams, in the end how to prepare? How long does it take to prepare?
The scope is very wide, it is true, but any examination has its own rules to follow. In fact, if you can understand the rules and make a reasonable plan for your own situation, and then actually fulfill the plan, you should be quite sure of passing. As for how to understand the law of the test, of course, should start from the analysis of previous tests, and selectively learn from the experience of others will make the analysis twice as effective. The idea of establishing this stall is to make oneself a base for displaying and exchanging experience **** enjoyment.
As for the preparation time, the owner thought it was difficult to determine the problem, experience, law undergraduates have 2-4 weeks of more complete time should be enough, college students or non-law undergraduates to have about 3 months of time to have a certain grasp. (For the record, the above figures are purely indicative and are slightly better than nothing.)
17, I heard that the law exam also need to test foreign languages? I don't know how difficult it is? I'm very bad at foreign languages, what should I do?
Good news. Starting in 2000, there will be no more foreign language tests on the bar exam, so you don't have to worry about that anymore!
18, to prepare for the test to read what reference books? Where can I find these books?
The list of books designated for the 2000 National Bar Examination is as follows:
Jurisprudence Constitutional Law Administrative Law Administrative Procedure Criminal Law Criminal Procedure
Civil Law Civil Procedure and Arbitration Economics Commercial Law International Law International Economic Law
Lawyer's System and Lawyer's Practice The National Bar Examination Syllabus
These books are usually sold to candidates at the time of registration by the registration centers and are also available in bookstores in major cities. There is a place on the Internet that specializes in selling these books, and users can also go there to see: /
19, I heard that there are training courses to coaching law exams, where is it? Is it necessary to go to read? The first thing I'd like to say is that I'm not sure if I'm going to be able to do this.
The local judicial administration may recommend such courses. This kind of training course, once was set up to collect the tolls necessary to qualify for enrollment from non-lawyer candidates, so in addition to the fees being high enough to possibly inspire confidence, the stallholder has not yet heard of much substantial help. But you do have spare revision time and money, enrollment in such classes may provide some comfort and satisfaction in confidence and spirit.
20, I am a non-law major undergraduate candidates, registration before the bookstore has bought the law exam book, but the registration point also requires me to buy a set, and must be enrolled in the pre-test training courses, or not accept the registration. What should I do?
You are fully qualified to enroll, and if you are not allowed to enroll, this is an administrative act that should be permitted but is not. Theoretically, you can file an administrative reconsideration with a higher judicial department, or file an administrative lawsuit directly with the People's Court. But this is likely to be next year to take the test, so I came to me to complain about a lot of friends, but no one dares to eat this "crab", spend money to eliminate the psychological completely understandable. However, there may not be a sure trick, that is, later to register, until the peddling of books are sold out, "guests" are full, this earth policy will naturally fail. You might as well try it.
21, I have a friend said, he knows a math undergraduate, it is said that he only prepared for two weeks to pass the exam. Is it true that there is a secret or "magic trick" for the LSAT?
The file owner is more or less skeptical, relative to this counter-example file owner has seen a lot of, such as the genuine class graduates, professional knowledge, practical experience of undergraduate graduates have been examined for a number of years and did not get; and such as the law doctor of a prestigious university in the newspaper complained that, although he has been enough to the level of the question, but the examination of the two sessions to pass, and so on. Therefore, if what you say is true, please consider for the majority of friends, please the master here to introduce the experience. However, the stall owner of the "magic tricks", the secret of the art has always been conservative attitude, advocating the German-style "rigorous planning, strict implementation".
22, I heard that there are a lot of guidance on the market for law exams, the use of "sea of questions" on the revision of any help?
The file owner's personal opinion is: not only does not help, but may be harmful. Three years ago, I had a preface to express their views:
"First of all, if you really want to rely on the method of questions to bet, even if you only do the previous year's test questions, the chances of repetition is even higher, because the bar exam has never been afraid of the word 'repetition'! Not only is the question repeated, the knowledge point repeated, the law cited repeated, and even the original question repeated, in the law exam has been a common thing. In addition, the sea tactics may indeed be suitable for such as the college entrance examination, but never suitable for the law such as the examination, there is a difference between the two. Law as a sociological knowledge, and 'language, mathematics, foreign' such as common basic knowledge, in the nature of a far cry, for the same issue, different positions, different theoretical schools, different mindsets, there will be a very different viewpoints, conclusions and methods of discussion. If the sea of questions tactics can be successful, its premise is that the exercise question maker and the test question maker in the above aspects are completely the same, and this is very suspicious place. We will note in the study of the answers to the previous test questions, even if the law exam in different years of the question writer, in the above aspects have a greater or lesser difference, then not to mention the question writer of the exercises! Therefore, the tactic of questioning, if not used properly, will instead be interfered with by other ideas, affecting the candidate's clarity of thought. Of course, if the candidate's training is deeper, it is possible to avoid such interference; but if one really has such training, why bother to use the sea of questions tactic?"
But the stallholder is not absolutely sure of his own opinion, so if any of you feel quite gainfully employed in this way, I would be grateful if you would take the time to give me guidance.
23. Do I have to memorize a lot of concepts and original laws to prepare for the exam?
It's best to memorize! For example, if you can memorize some of the provisions of the General Principles of Civil Law, the General Provisions of the Criminal Law, etc., of course, there is no harm in doing so. It is said that a blind man in Nanjing was exceptionally qualified as a lawyer because he could memorize 400 laws. However, the owner of the file to tell you a little secret: although the owner of the file read several years of law, teach several years of law, have fought some lawsuits, the law exam passed twice, but can memorize only a few concepts, as for the original text of the law, more can not remember a complete. I'm not sure I can remember all of it, but I'm sure you'll be able to tell me what it is!
24, I have taken this year's law exam, very want to know their own results, do not know how to find out?
If you are not very anxious, you can wait for the judicial department to send you the results of the notification form; if you are in a hurry, you can pay attention to the news reports, inquiring about the hotline to check the scores, dialed, according to the requirements of the input your pass number on the line. The hotline number will be posted on the website when we know it, so don't forget to come and report the good news when it comes!
25, I have got the results of the law examination, I can not imagine that the results will be so low, I think it is very likely that the person who corrected the paper is wrong. There is no way to find out?
There are ways. According to the provisions of the bar examination:
Article 31 The examinee who has doubts about his score may, within 10 days after receiving the notification of the examination results, submit a written application for verification of the score to the judicial administrative organ in the place of registration, but may not apply for access to or rejudgment of the examination paper.
26, file owner, to tell you the good news, I passed the exam this year! But I also want to ask how to go about filing for the bar?
You can be in a hurry, probably the score was found by phone. On the declaration of qualifications, the bar examination methods have express provisions as follows:
Article 38 The examination results reached the admission score of the test takers should be from the date of receipt of written notice of the examination scores within 15 days, to the seat of the local judicial administrative organs for the application for qualification of lawyers and submit the public security organs issued by the certificate of no criminal record. If the applicant fails to go through the application formalities after the deadline and without justifiable reasons, he or she shall be regarded as having automatically given up.
If a candidate fails to provide an accurate mailing address and cannot be notified, the municipal (prefecture) judicial administrative organ shall notify the candidate by means of an announcement, and if the candidate fails to go through the procedure of applying for a lawyer's qualification even after the expiration of 20 days from the date of the announcement, the candidate shall be regarded as having given up the qualification automatically.
27. I am a 98 year-old undergraduate (majoring in human resource management, and have studied a few courses of law), now working in Beijing. I'd like to ask what preparations should I make from now on to take this year's bar exam? What are the specific steps?
This is something that Ajia is almost unable to answer, so please forgive me if I write to ask a question. Even a famous doctor has to look, smell, ask, and cut before he can make reasonable suggestions, not to mention that Ajia is just a mediocre "doctor" only! Our humble stall can only be self-help at the moment, and our ideas and opinions are actually scattered in various corners of the stall, which have been divided up over a number of years to form the present shape, so much so that it is difficult for us to know their whereabouts with any certainty. By and large all we can say is that others who are less well off than your friends have gotten by on their own efforts, and as to how that effort is the most effective and economical, honestly-God knows!
If this file is really providing any secret, it is very simple: fully understand the law and try to familiarize yourself with the exam! There are also two other words: repeat. The law exam has never been afraid of the word repetition.
28, some of our expectations and requirements ① I hope that the teacher to help me vigorously, so that I pass the law this year; ② I sincerely hope that there is a fast, perfect study program, complete study materials; ③ I hope that the owner of the stalls can provide us with more learning methods and ways of thinking on the guidance; ④ I hope to be able to get the teacher's guidance to improve their own level of the law quickly, and get the basic materials. basic information...
First of all, Ajia is very grateful for the trust and support of our friends, and everyone's hopes and requests are a spur to us. But there is one thing that we must also ask you to understand and appreciate: this file is so far only a completely self-help law review site.
We do our best to provide you with some materials and information, talk about our views on some of the issues of the law exam, through the selection of the previous test questions and analysis, to explain our understanding of how to understand the legal issues, how to answer the questions of the law exam, the experience of answering the questions and skills and other aspects of the view, and by contacting the organization has been or is preparing to participate in the law examination of the friends of the discussion of the method, at various levels The exchange of experience and lessons learned on the law examination is carried out on ......
Our materials and information do not have any special sources, you will have them if you look around; our views and opinions are also very ordinary, just the ordinary views of ordinary law teachers and ordinary examinees; our experience and lessons learned are also ordinary, just the ordinary thoughts of ordinary examinees. ordinary thoughts of law exam candidates...Whether these ordinary things can be helpful to our friends depends on whether the person receiving the help, his or her qualifications, expectations of the law exam, ability and timing to prepare for and sit for the exam, expectations of the services of this file, and so on, are ordinary enough!
Thus, this file may or may not be able to fulfill similar hopes and requirements of our friends. We have already accomplished this aspect, and it will be up to the Friends to help themselves later.
29, talk about the status of the practice of law and many people, I am planning to change to the lawyer, but I do not know the current status of the lawyer? Can you achieve a higher economic return and social status by practicing law? How big is the gap between big cities and small towns and so on? I'd like to ask the owner of the file and all the senior people to introduce and guide the way for those of us who want to break into the "walled city"! Thank you very much!
Relatively speaking, 3 or 5 years ago, when it was particularly hot, the last two years, the lawyer's profession is not in the doldrums, just not the most depressed industry, so more and more people want to be engaged in the lawyer's profession! I think the reason for this is that relatively speaking, lawyering is a profession where you can theoretically control your own destiny.
Some lawyers do have a fairly high financial return, and social status is often tied to this, for example, real estate advertisements link a person's property ownership to their "nobility" or lack thereof! But there are also many lawyers who are just barely getting by. The competition is too strong! The poor always get poorer and the rich always get richer, and that's the way it is in every business. It's only occasionally that a poor person does become rich overnight, and that's why so many people seek it out. Ever drawn a welfare raffle ticket?
On the whole, lawyers have more opportunities in the big cities, but on the other hand, the competition for lawyers in the big cities is also stronger, and some of our big cities are now saturated with lawyers.
In small towns as a lawyer, I'm afraid the relative ability of the requirements are not too high, but the requirements of the people high. It is worth noting that although the same legal system applies within China, due to the huge difference in the level of development and legal awareness between cities, towns and villages, people are often not on the same page when it comes to the actual use of the law.
The Ajia is not a high profile person, but an ordinary citizen. Life is everywhere a "walled city", without them seems to have no fun. Lawyers this "walled city" the most deadly pass or "fame and fortune" two words, weighing the two words, in the end, or to look at the wall sigh! Inside, or outside, what is the difference?