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.
Specific to the design of the test questions, we have to mention the previous law test questions. Due to the specific implementation and inheritance of the judicial examination in the Ministry of Justice, the previous style of legal examination questions will inevitably affect the design of judicial examination questions with inertia. It should be said that since 1986, the design of the law examination questions has become more and more standardized and mature after 12. Mainly manifested in the design of test questions from decentralized to centralized, from easy to difficult, from simple to complex (from the initial examination of only one regulation to a group of regulations until cross-departmental laws). The test questions are basically formed, mainly single-choice questions, multiple-choice questions, non-directional multiple-choice questions, case analysis and legal document making questions. However, looking at previous test questions, especially in recent years, there are still the following problems to be solved.
First, the content of memory is over-examined, and the outstanding performance is that there are too many judicial interpretations.
Second, the examinee's written expression ability and legal logical thinking ability are not enough, especially the ability to use existing cases and evidence to analyze cases and use evidence to explain facts is not enough.
Third, the content of the examination questions in those years did not reflect the new achievements of legal research and the new requirements of the development of the times for the legal profession, such as governing the country according to law, administration according to law, joining the WTO, judicial internationalization, environmental protection, knowledge economy and so on.
Fourth, there are not enough comprehensive questions.
Fifth, the question type is not perfect.
In view of the above problems, the design of new examination questions should reflect the new characteristics of judicial examination. The author thinks that the judicial examination should be the second time. According to the different characteristics of these two kinds of exams, the content of the questions and the corresponding questions are designed respectively. Details are as follows:
The design principles of the first question should be as follows: first, knowledge is the mainstay, supplemented by application; The second is a comprehensive examination of extensive coverage; Third, stick to the outline foundation; Fourth, the difficulty is moderate to take care of the majority; Fifth, the question type is objective and not subjective. In short, the design of test questions should reflect the talent training mode of general education in law education and the basic concepts of broad caliber, thick foundation, high quality and emphasis on application. 7 The questions in the preliminary examination can basically inherit the questions in the law examination, mainly objective questions and machine marking, and at the same time, fill-in-the-blank questions can be added to test the accuracy of the candidates' mastery of legal knowledge. The design principles of the test questions in the second examination are comprehensibility, applicability, competence and comprehensiveness (for example, the second question in the fourth examination paper in 2000 involves laws such as company law, contract law, guarantee law and commercial banking law, and spans economic law, commercial law and civil law) and examination tendency (that is, the tendency to decide the proposition by integrating various current situations, such as in 2000). In 2003, we should tend to select talents for foreign-related cases, because China has entered WTO), the new content of the examination (that is, the difference between the outline of the current year and the outline of the previous year), the depth of the examination and the difficulty of the examination. Regarding the test ability and application, Chen Weidong, a professor and doctoral supervisor at Renmin University of China Law School, thinks that it is necessary to strengthen the test of written expression ability and logical thinking ability. 8. Subjective questions and objective questions are easily divided equally. In the objective test questions, you can inherit the multiple-choice questions in the law exam. In indefinite multiple-choice questions, there must be both question groups and question fields. For example, the fourth question of the second indefinite multiple-choice question in 1999 law examination paper examines almost all the contents of the crime of organizing, forcing, luring, sheltering and introducing prostitution in Article 8 of the Criminal Law through four indefinite multiple-choice questions. In addition to inheriting the case analysis problem and legal document making problem in the law exam, the subjective problem can also be added with a material problem. Although the topic of this kind of material also includes the content of writing legal documents according to the case, it is not exactly the same as the topic of making legal documents, and its scope and content are broader and deeper. This kind of material can provide the case, evidence, judicial process, etc. Through these materials, we can examine candidates' reading ability, analysis and judgment ability, error correction ability, legal logical thinking ability, analysis and application of evidence ability, and written expression ability (for example, we can write complaints, indictments, pleadings, judgments and legal opinions based on this material, and find out the contents that violate the procedural law and the defects of evidence, etc. ).
How long it takes to prepare depends on your personal learning ability. If you can master all the preparation contents within one year and apply them flexibly to the questions, then you may pass the department exam that year. You can study hard from now on, and maybe you can pass the department exam next year! Wish you success!