(A) How to start the review of specialized courses
1. Arrange the review time reasonably.
The earlier you review specialized courses, the better. Time can be allocated in this way, reading English during the day. Because there are usually classes or jobs during the day, there is less time for big chunks. And many things in English don't take a lot of time to remember like the law. For example, words can be memorized during the day. It is unrealistic to spend a lot of time reciting the law every day, especially for friends in junior year. Most of the evening should be spent reading the law. Because the law needs a holistic and systematic impression. Politics should be reviewed after the outline comes down, because the political outline changes greatly every year.
2. Reasonable reading steps
Since 2003, the state has no longer designated examination books. In previous years, the Guide to the Joint Examination for LLM Postgraduates published by Renmin University Press was designated as the examination book. Since 2005, the Examination Center of the Ministry of Education has published Examination Analysis. As far as the examination questions in 2005 and 2006 are concerned, questions from the inside account for a large part of the weight, and the answers tend to be it. It doesn't matter for what purpose the Ministry of Education published such a book. It is important to add an exam analysis to the exam review materials in the future. The resulting problem is how to use these two exam books with basically the same content and which one should be the main one. The analysis in 2005 is relatively simple, which is basically the abbreviation of the guide. The analysis in 2006 enriched the content, but it was still too simple. Therefore, if you are just beginning to review specialized courses, it is recommended to focus on the guide, and you can use last year's guide. When using the guide, we should focus on understanding the knowledge points. When you review to a certain extent, you have a certain understanding of many knowledge points and established a relatively perfect system, but you start to use analysis, in which memory can also be based on analysis. However, "analysis" must buy the latest version.
You can read the guide first, just like reading a novel. Don't imagine that you can remember everything. What is most needed at this time is to cultivate interest in law; The second step is to take notes while watching. There is a standard when taking notes, try to be concise, and don't copy the guide all at once. This is a very important step. This step needs to realize a "line" of the connotation of civil law and criminal law. This "line" can string most things together. Of course, this "line" is not so easy to come out, and it is often understood by reading the guide several times; The third step is to look at your own notes and recall what the guide says based on your grasp of the "line". If you can't remember, that's the unfamiliar part, and it's the place where you need to strengthen your understanding or memory; The fourth step is to do the problem, and to test whether you have really mastered the knowledge points by doing the problem. Because sometimes, I think I have mastered it, but once I have done the problem, I find it very vague.
Note: the principle of 1 is to allocate time reasonably, and not to neglect any one. Especially in English, many candidates who take the LLM exam every year can't pass the public courses, so we have to allocate quite a lot of review time in English. When reading a book, you should find a way that suits your memory. For example, I am suitable for taking notes to help you remember. But don't be afraid of forgetting. Forgetting is a means for the brain to protect itself. Repeat it a few more times and you will remember it. It's like holding a knife on the table. The first time is very shallow, and it will be deep after a few strokes. 3 reading should be efficient, not too slow. Too slow is actually a waste of time. It is necessary to form a good habit of never looking back, speed up reading, and try to turn pages faster every time, so as to have an overall impression.
(B) How to master the knowledge points in depth
1 Recommended tutorials and exercises
In addition to reading, analysis and outline, you must also buy a set of exercises. At present, the quality of books on the market is not high, so don't buy too many tutorial books. Buying too many books is a waste of your money and precious life. In fact, the best exercises are all real questions over the years, so we must attach great importance to them.
2. Cultivate legal thinking
There is only one fundamental way to cultivate legal thinking, and that is to read more cases. When you get the case, first try to explain what kind of legal relationship exists in it with your own knowledge, and then look at the answer when you are uncertain and see how others analyze the case. There is a set of supporting case books in the textbook of National People's Congress 2 1, which you can buy and read.
Note: To really master the knowledge points, we should reach the following level: To really master the context of the book, we should not memorize the whole book, but know which parts are the knowledge points to be tested, how to test them, what relevant content to answer when answering questions, and what irrelevant content to answer.
(3) Talk about the review characteristics of five specialized courses respectively.
Jurisprudence is difficult to understand. Candidates who have not studied law often find it boring when reading. Therefore, the best reading order is to read the criminal law first, not in the order of each course in the guide, because the criminal law is very clear and easy to understand, and then it is much easier to understand by reading jurisprudence. Because jurisprudence is actually abstracting the similarities and differences within the laws of various departments. The internal route of jurisprudence is actually relatively simple. The theory of jurisprudence is actually talking about how the law came into being. Why does it exist? In what form does the law exist? So the internal "line" is: first, what are the reasons and forms for the establishment of the law? After the establishment of the law, what kind of results have been produced for society and everyone? How does the law meet our needs? How can we make laws that are more favorable to us?
The review of civil law focuses on understanding. Only by truly understanding can we answer civil law questions well. And this part of the guide is a bit messy. I suggest reading Liang Huixing's General Civil Law, Law Press, 19 yuan, which is very cheap and green. The writing is very good and clear, which is of great help to understand the theory of civil law. In addition, it helps to link up the contents of civil law: legally speaking, any law is based on social relations within a certain range, and the corresponding civil law is also based on social relations. This social relationship has its definite characteristics: equality (different from the unequal social relationship between superiors and subordinates in administrative regulations). This kind of equal social relationship becomes a civil legal relationship when it is adjusted by special civil law norms, and the premise of civil legal relationship is civil legal facts. There are two kinds of civil legal facts: events and acts, among which acts are divided into legal civil acts and illegal civil acts. Legal civil act has a special term in civil law: civil legal act (a special civil legal act-agency is mentioned in civil law). There are two subjects as civil acts: citizens and legal persons. Citizens and legal persons must have corresponding capacity for civil rights and capacity for civil conduct. Whether a citizen or a legal person, doing or not doing something has a certain purpose. This goal is often to realize one's civil rights. Civil rights are divided into four parts: real rights, creditor's rights, personal rights and intellectual property rights. (1) Property rights are embodied in the possession, use, income and disposal of things. If the property is transferred to others for profit, the property right will be transformed into his property right. His real right is divided into usufructuary right and security right. Security interest is divided into mortgage, pledge and lien (this is a legal security interest). (2) The cause of creditor's rights is generally contract (tort is also the basis of creditor's rights, but it is classified as civil liability). In addition to contracts, unjust enrichment and negotiorum gestio are also the causes of debts. (3) Personal rights are divided into portrait rights, reputation rights, privacy rights and honor rights. (4) Intellectual property rights are divided into copyright and industrial property rights, and industrial property rights are divided into patent rights and trademark rights. If a citizen or a legal person acts as an illegal civil act, it involves the issue of civil liability. Almost all the contents of civil law are in it. In this way, the line in the civil law is clear. In civil law, in addition to the general principles of civil law, we should also look at the Supreme People's Court's opinions on implementing the general principles of civil law, which are referred to as People's Opinions, Contract Law and the Supreme People's Court's Interpretation on the Application of Contract Law, Marriage Law and Inheritance Law.
The context of criminal law is relatively clear, and it is easier to review. General rules and specific rules are equally important, and the score of each question accounts for 50% every year. The main way to get high marks in criminal law is to grasp the key points and review them in a targeted way. The focus of criminal law is easy to judge, and the focus has some characteristics, which can help you judge where there are likely problems. The characteristics are as follows: there are obvious uppercase one, two, three ... numbers with subheadings under uppercase titles, such as 123 ... lowercase 1, 2, 3, which mostly involve important legal concepts. These parts must be understood and memorized. It is not important to combine first and then reduce, and to reduce first and then increase. Forget it if you don't understand. Each charge in the specific provisions has a very detailed explanation. For example, in robbery, what is illegal possession, what is violence, and what is by other means. All buttons should be carefully buttoned. This is really important. I often feel that the answer is good after the criminal law exam. I feel that I have written all four elements, but my score in the exam is not high. Where there is a problem, it needs to be answered, and there is no good explanation. Some important chapters in the specific provisions mainly include: crimes against public security, crimes against the order of socialist market economy, crimes against citizens' personal rights and democratic rights, crimes against property, crimes against social management order, crimes of corruption and bribery, and crimes of dereliction of duty. According to the examination syllabus, 170 of the 4 13 specific crimes identified in the specific provisions of the criminal law need candidates to master, accounting for about 2/5 of the total. Actually, it doesn't need that much The most important crimes in each chapter are the first few crimes. In addition, the criminal law depends not only on the provisions of the criminal law, but also on the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Traffic Accident Criminal Cases and several other judicial interpretations.
Constitutional theory is not very demanding, and it is not difficult to review it. However, the small knowledge points inside are particularly easy to mix, so we must always keep the constitutional law at hand, and we can also compare some special knowledge points when reviewing. Besides, the Basic Law of Hong Kong is also very important and should be found and read.
The biggest obstacle to the review of legal history may be the uncommon classical Chinese, but the focus of the annual inspection is precisely not here. So try not to deduct classical Chinese when reviewing, just skip it. The focus of legal history does not change much from year to year. Specifically, the legal history focuses on the legal thought, criminal legal system and important codes in Qin, Sui and Tang Dynasties, Ming and Qing Dynasties and the early days of the founding of the People's Republic of China. The best way to help you remember is to make a table and list the key contents in the order of dynasties for comparison. The civil economic and legal system of each dynasty is not the key point, but some more important terms to remember, such as: seven exits and three don't go.
(4) Some misunderstandings that are easy to fall into when reviewing.
Myth 1: I hope to guess the topic, not to review it comprehensively. Every year, guessing and betting questions are the eyes of some candidates, and they are also the way for some remedial classes to survive. So everyone spread the news crazily, hoping that the internal news of individual remedial classes and the prediction of "authoritative teachers" admit that the postgraduate entrance examination needs some luck, but it is by no means the first place. In the end, we must rely on our own strength to speak. Moreover, judging from the proposition trend, the proposer consciously avoids the hot spots that everyone pays attention to, and its purpose is to achieve fair competition. Therefore, we must review it comprehensively and solidly. Everyone should remember that only by reviewing and being down-to-earth can the exam be written with ease.
Myth 2: sea tactics. Starting from a topic, the proposer can change various topics. Choice, judgment, short answer, case and discussion can all be flexible. The simplest and most direct way is to firmly grasp the knowledge points, so that everything will be fine. If you are still not at ease, you must do all the questions. Generally speaking, it goes without saying that people who have to climb stairs without taking the elevator. Everyone should remember that the purpose of doing the problem is to test the degree of knowledge mastery, but also to summarize and summarize. Don't do problems just to do them.
Myth 3: Use eyes instead of hands, only pay attention to endorsement, and do not explore answering skills. When studying in the teaching room, do you often just look with your eyes and say something silently, but you are too lazy to write? Just now I emphasized that taking notes while reading is to overcome this habit. Because in this case, the effect of reading must be bad. Psychology shows that eyes are the most deceptive. This misunderstanding is actually a terrible misunderstanding, because it will deceive people and make you feel that you have a good grasp, but when you really solve the problem, you find that you can't say it, or there are many loopholes, and you haven't answered what you should write or shouldn't write. Every year, many people feel that their answers are good after the exam, but this is the reason why their final scores are not high.
Myth 4: I bought more than N books for remedial classes. When you take the postgraduate entrance examination, there must be n people who put forward n kinds of suggestions for n books. If you take the advice of others and buy back all the books they think are good, you will fall into a terrible misunderstanding. First of all, because there are not many really good books on the market, it is particularly difficult to find a book worth reading. Often you have to change your answers and typos when you buy them back. So the only thing you can believe is the guide, outline and real questions over the years. What we have to do is to recite the book repeatedly, strengthen our memory, improve the knowledge structure system, read the whole book thinly, and finally have a book in mind. In the review process, avoid changing books frequently. If you change this book for a while and that book for a while, you will encounter something new forever, and you need to keep remembering instead of remembering. You can imagine how much burden your brain has.
Myth 5: Don't pay attention to the exam questions over the years. Many people think that the questions that have been tested will not be tested again, and there is no need for research and analysis. In fact, the examination questions over the years can best reflect the intention, development and trend of the proposition. It is very unwise to pay insufficient attention to and analyze the examination questions over the years. As far as the LLM exam is concerned, from the entrance exam in 2000 to the entrance exam in 2003, there are repeated objective questions every year. There is no reason not to take these white sub-questions. In fact, all problem-solving ideas and skills can be exercised from real problems over the years. The same is true of foreign languages and politics. To say the least, even if you don't take the exam again in these years, then you know that if you don't take so many questions, it will narrow your review scope. Why not?
Now let's talk about the problem of remedial classes. If you have the money and time, it is a good choice to attend the basic remedial class, especially for those who have just come into contact with the law and just started reviewing Fa Shuo. However, if you have already taken the second exam, or you have studied law during your undergraduate course, or you have passed the judicial exam, then the remedial class can be ignored. You should have a good attitude when attending remedial classes. Don't think about what inside information the old teacher will reveal. You should focus on learning legal knowledge, not on topics, and quickly establish a certain legal understanding through those famous teachers. As for what remedial classes are good, you can look at other people's opinions online, especially those who have participated in remedial classes. Of course, each teacher's style is different, and everyone's taste is different. At the critical moment, you should judge for yourself.