Jurisprudence is a basic subject in judicial examination, and the annual examination syllabus will be adjusted appropriately with the new trend of academic research and political situation. Therefore, the annual outline changes and new test sites will become the focus of the judicial examination that year. However, the basic knowledge points and structural framework of jurisprudence are fixed. The important knowledge points of jurisprudence focus on the essence of law, the value of law, the relationship between legal principles and legal rules, the retroactivity of law, the legal system, the operation mode of law, the inheritance and transplantation of law, the difference between law and morality, law and human rights, the rule of law and the legal system, the socialist concept of rule of law and the socialist country ruled by law.
Judging from the regularity of questions in recent years, jurisprudence examination pays more and more attention to the analysis and evaluation of relevant cases, examples or laws by using legal knowledge. Since 2003, a law paper has been reviewed every year. The score of law gradually increased, approaching 50 points. Therefore, the position of jurisprudence is very important and deserves special attention.
The content of legal history is relatively small, and all the contents in the textbook only account for dozens of pages. The form of the exam is multiple choice, and the score is around 10. The focus of legal history has always been prominent. The history of Chinese legal system focuses on legal thought, marriage inheritance system, judicial system, code, important penalty system and its introduction time, law revision in the late Qing Dynasty, "preparation for constitutionalism" and so on. The history of foreign legal system mainly grasps the main contents of Roman law, American constitution, Anglo-American judicial system, two legal systems and civil law of continental law system. These knowledge points should be understood and used to analyze related cases. Comparatively speaking, the examination questions of legal history are not difficult, and they are the subjects that candidates get points.
The status and legal history of the judicial system similar to legal professional ethics, 12 points. The key content of the judicial system focuses on the basic principles of the judicial, trial, procuratorial and notarization systems. The key contents of legal professional ethics include the withdrawal of judges and prosecutors, and the types of behaviors of judges, prosecutors and lawyers that violate professional ethics. This part will play a better role by referring to the judge law, prosecutor law, lawyer law and related legal norms.
Second, civil law.
Civil law has always been the subject with the highest score in the judicial examination, so there is a saying that "those who get civil law get the world". The content of civil law is extensive and profound, which needs our comprehensive understanding and mastery. The judicial examination is comprehensive, but there are still key points to follow, which have been repeatedly examined in the examinations over the years.
The general principles of civil law mainly focus on the expression of will, unjust enrichment and negotiorum gestio, limitation of action, agency and special tort. The focus of property law mainly includes the change of property right, the effectiveness of property right, ownership, usufructuary right and security right. In the contract law, the emphasis is on the rules of offer, liability for contracting fault, contract validity, sales contract and gift contract. Marriage law mainly focuses on the distribution of husband and wife's property and debts, while inheritance law focuses on the distribution of inheritance. The intellectual property law is about 14, the copyright law is the key, and the test questions are also difficult. At present, the proposition of intellectual property law is increasingly focused on the determination of infringement. Copyright law is also easy to evaluate the subject of rights, fair use and content of rights. Patent law is easy to examine the novelty of patents, and trademark law is easy to examine the conditions for the formation of trademarks. Because intellectual property law pays more and more attention to theoretical examination, the examination questions are almost imaginary cases, and candidates can never simply review laws and regulations. It is suggested that on the basis of a comprehensive understanding of relevant laws, administrative regulations and judicial interpretations, we should carefully read textbooks or receive training and counseling.
Three. criminal law
I believe it goes without saying that everyone understands the important position of criminal law. Criminal law is also a subject that embodies the characteristics of "the most important person is always important" in judicial examination. In the general principles of criminal law, we should focus on the basic principles of criminal law, the constitution of crimes, the elimination of criminal causes, the crime of * *, the form of crime suspension and its punishment, the form of the number of crimes, the types of punishment and the principle of combined punishment for several crimes. Among the crimes in the specific provisions of the Criminal Law, theft, robbery, kidnapping, intentional homicide, intentional injury, coercion, abduction and trafficking of women and children, fraud, corruption and bribery have been the focus of investigation over the years and must be firmly grasped. The examination questions of criminal law are more difficult and need more energy to review. In addition to the careful grasp of teaching materials, relevant judicial interpretations and criminal law amendments are also key contents.
Four. Constitution and administrative law
The score of the judicial examination constitution is about 20 points. There are many contents in the constitution, but it is not difficult to examine it. Although it focuses on the examination of laws and regulations, there is a tendency to strengthen theoretical examination in recent years, and the emergence of essay questions also requires candidates to master the basic theory of the constitution. The focus of the constitution is mainly on the basic rights and obligations of citizens, the power of state organs, the electoral system, the legislative system and the key contents of the Basic Law of Hong Kong and Macao.
Administrative law is difficult to master because of its disciplinary characteristics and theoretical depth. In judicial examination, the content of administrative law examination is complex, the questions are flexible, and candidates are not easy to score. Administrative law involves the basic theory of administrative law, administrative reconsideration, administrative licensing, administrative punishment, government procurement, civil service law, state compensation law, emergency regulations and so on. The research focus of administrative litigation law is evidence and the difference between it and civil litigation. In addition, we need to pay special attention to the fact that since 2003, we have taken the essay questions of administrative law for three years, all of which are the basic principles of administrative law, which requires us to master administrative law more deeply than other disciplines.
Verb (abbreviation of verb) civil complaint
Judging from the types of questions, whether it is single choice, multiple choice, indefinite choice or case analysis, there are questions to examine the civil procedure law. The score is about 70 points, and it is also the "big family" of the judicial examination. Civil procedure law is a procedural law, which should be studied according to the beginning, progress and end of the procedure. Judging from the contents of judicial examination questions over the years, jurisdiction and trial procedure are the inevitable focus. In addition, the third party, litigation, evidence, mediation, property preservation and prior execution, execution, etc. It is also an important content. The Arbitration Law mainly focuses on the relationship between litigation and arbitration, arbitration agreement, arbitration procedure, revocation and enforcement of arbitration award, etc. As a procedural law, almost all the questions in the judicial examination can be based on the law. Therefore, it is very important to master the civil procedure law, arbitration law and their related judicial interpretations. However, with the increase of theoretical examinations in the judicial examination as a whole, we should also pay attention to the current theoretical hotspots.
Criminal proceedings of intransitive verbs
The criminal procedure law is a procedural law, which is slightly higher than the civil procedure in terms of score. It has more contents, more detailed procedures and is more difficult to master. Specifically, it is necessary and effective to review laws and regulations. There are many important contents in criminal proceedings, which focus on jurisdiction, investigation procedure, lawyer's rights in investigation stage, withdrawal, defender, trial procedure, summary procedure, criminal incidental civil action and death penalty review procedure. Especially when dealing with a case, we should pay attention to the mutual connection and restriction between the public, the procuratorial organ and the law. In addition, the basic theory of criminal procedure law is also a hot topic in recent years, and there is also the possibility of discussing problems, which should not be taken lightly. To get high marks in criminal proceedings, we should keep in mind the criminal procedure law, the interpretation of criminal proceedings and the rules of higher-level procuratorates.