Experts tell me what are the key issues in the judicial examination?

On the theme and composition of judicial examination papers

The first exam mainly tests the examinee's mastery of the basic principles of law, basic knowledge of law and current laws and regulations, and tests the examinee's epistemology, methodology, world outlook and professional beliefs; The first exam focuses on the application of knowledge, highlighting the breadth of knowledge, giving consideration to depth and comprehensive application ability. Initial test, five papers, out of 500, each volume 100. The first paper includes Marxist philosophy, Deng Xiaoping Theory, Constitution, basic theory of law, international law, private international law, world trade law, professional beliefs and so on. The purpose of setting this test paper is to make candidates have correct world outlook, methodology, epistemology and legal professional beliefs, that is, to use these world outlook, professional beliefs and theoretical jurisprudence to guide applied law; The second test paper is civil and commercial law, including civil law, civil procedure law, contract law, marriage law and intellectual property law. The third test paper is criminal law, including criminal law, criminal procedure law and its separate regulations and judicial interpretation of criminal and criminal proceedings; The fourth chapter is administrative law, including administrative punishment law, administrative reconsideration law, administrative procedure law and state compensation law. The reason why administrative law is set as a test paper is because this setting can reflect the requirements of the development of the times. If slave society, feudal society is the era of criminal law and capitalist society is the era of civil and commercial law, then modern society emphasizes administration according to law, which is the era of administrative law. Therefore, it is special. The fifth part is a comprehensive investigation, focusing on the application of civil and commercial law. At the same time, substantive law and substantive law, procedural law and procedural law, substantive law and procedural law penetrate each other, and civil, criminal and administrative affairs cross each other, highlighting the comprehensive investigation. The author's design is based on his own experience. The author personally handled a civil appeal case. The complainant wrote an iou of 1 10,000 yuan to the kidnappers for being kidnapped. Afterwards, the kidnapper sued the court according to the debt, and the court only ruled that the kidnapped person lost the case and repaid 6,543,800 yuan to the kidnapper. The social impact of this case is very bad. If the undertaker knows that the case should belong to a criminal case, he should suggest that the case should be filed as a criminal case first, and then it will be handled after the facts are ascertained, so that the above wrong judgment will not be made. Administrative, criminal and civil cases are sometimes encountered in judicial practice. If you only know the rules of a certain department, you can't be fully qualified to handle cases, especially those who work in the supervision department.

The second examination tests the candidates' application of legal principles and basic knowledge, that is, professional ability and professional ethics, including professional ethics, its depth, its application, its synthesis and its thinking process. The second paper can be 4+X, and the first paper is civil law; The second test paper is criminal law; The third test paper is administrative law; The fourth test paper is professional ethics and professional practice; Test paper 5 allows candidates to choose a group of subjects (for example, the first group is international law, private international law, international economic law and world trade law, the second group is marriage law, inheritance law and labor law, the third group is commercial law including company law, negotiable instrument law, bankruptcy law, finance, insurance and securities, the fourth group is intellectual property law including copyright law, trademark law and patent law, and the fifth group is economic law including consumer rights protection law and patent law. The sixth group is environment and environmental protection law, the seventh group is notarization and grass-roots legal practice, the eighth group is forensic medicine and judicial expertise, the ninth group is public security business, and the tenth group is legal English). The reason why the author designs this way is to provide a reference for candidates to choose jobs or talents. For example, if a person passes the second exam and gets a high score in the second volume of criminal law, he can choose the profession of prosecutor. If candidates are interested in becoming lawyers and focus on environmental litigation, they can choose environmental protection law in test paper 5. This method also has a great advantage, that is, it saves the examination cost and overcomes the phenomenon of too many legal-related professional qualification examinations (for example, notaries, securities lawyers, legal service workers, corporate legal consultants, patent agents, trademark agents, etc.). ) to find a "platform" for these qualifications.

Test focus:

1 volume

Jurisprudence: Just look through the textbooks and get to know the concepts and basic ideas. It doesn't take much effort.

Legal history: you don't have to read the textbook three times before the exam, and you can't remember it after reading it: the first 20 days (+writing a white paper)-the first 10 days-the first 5 days.

Constitution: Both textbooks and laws are acceptable. In short, focus on key parts, such as state institutions. I don't think much about them this year. I still focus on textbooks, which makes me feel more memorable, because there are still many constitutional laws after all.

Three kingdoms: read the textbook carefully, don't read it, and pay attention to the key parts. There are too many contents, so I won't go into details. You can find a lecture on the Three Kingdoms, and after listening to the introduction a few minutes ago, you can basically find the key points.

Economic law: key laws, I have no comments this year (too many laws, too little to remember, too much time to waste).

Occupation: read the law, do real questions and get a general understanding. I'll have a general look at this, too

2 volumes

Criminal law: the law can be used once, at most twice. There is nothing in the criminal law, and most of the contents are the provisions in the judicial interpretation (advertisement: it is recommended to read the "Full Criminal Law", which used to be necessary for graduate students of criminal law, but now it has become a compulsory test). Look at Ruan Qilin's counseling materials and other summary knowledge.

Criminal proceedings: legal provisions (mainly judicial interpretations, with emphasis on explanations generally mentioned in counseling books, just a few), summary materials (such as period summary in criminal proceedings). )

Administration: focus on licensing law, punishment law and reconsideration law; The review part is very difficult, and the energy spent is out of proportion to the result. It is not recommended to spend too much time. Focus: Pay attention to the key, urgent and simulation questions of each tutorial class before the exam. I heard that wwwwww is very high. I lost a lot of administrative points this year, so this suggestion is for reference only (some people suggested reading undergraduate textbooks, and I also read some this year, but I feel that it is not very helpful, probably because I didn't read it carefully)

Action: Pay attention to the evidence rules of action. Action does not seem to be the focus of the exam.

3 volumes

Civil law: law, 60 lectures, paying special attention to the specific provisions of the contract law and the interpretation of the guarantee law, and the examination is very detailed.

Commercial law: law, company, bill, insurance key (you don't have time to read maritime law, and many contents overlap with international law. I didn't look at it at all this year, but I glanced at it in a series of lectures.

Civil litigation: legal provisions and abstract materials (comparison of the three major procedural laws)

4 volumes

The case examines the knowledge of the first three volumes, but the answering methods and skills are slightly different. Just press the Q&A, and the scores will be fine. You don't have to answer too many questions (it's not that you can't answer too many questions, but the time is tight for the four volumes, so you can save time to answer the big questions at the back, and the papers will be graded point by point, so you won't read the more broken questions you ask)

There is nothing to say about paperwork, just memorizing the format, and the situation is different every year. The key points of the documents disclosed every year are basically accurate, so just recite a few important ones according to gossip.

There is no need to spend too much time reading redundant materials to discuss personal feelings. Even if you have a little more time to answer questions, you should find your own point of view and write more.