The national judicial examination is a qualification examination organized by the state for the country and society to select qualified legal professionals who meet the requirements of the legal profession. According to the law, newly appointed judges, newly appointed prosecutors, lawyers and notaries must pass the national judicial examination. The goal of the national judicial examination is to test whether the candidates have the corresponding basic legal knowledge, professional skills, practical ability and professional ethics required to serve as first-time judges, prosecutors, practicing lawyers and notaries through fair and just examination methods. Persons who have passed the national judicial examination may apply to the Ministry of Justice for granting legal professional qualifications.
Second, the examination content, subjects and requirements
According to the Measures for the Implementation of the National Judicial Examination, the contents of the national judicial examination include: theoretical law, applied law, current legal provisions, legal practice and legal professional ethics. In 2009, the subjects of national judicial examination were: jurisprudence, legal history, constitution, administrative law and administrative procedure law, criminal law, criminal procedure law, civil law, civil procedure law, commercial law, economic law, international law, private international law, international economic law, judicial system and legal professional ethics, *** 14 subjects.
For the above contents and subjects, candidates should grasp them from three levels: understanding, understanding and familiarity:
-Understanding requires accurate identification and reproduction of relevant legal knowledge and regulations, that is, knowing what it is;
-understanding, on the basis of understanding, can deeply understand the relevant legal knowledge, principles and regulations, and use this to elaborate and demonstrate opinions, analyze phenomena, distinguish right from wrong, that is, understand "why";
-Familiarity requires flexible use of relevant legal principles, viewpoints and methods, comprehensive analysis and solution of theoretical and practical problems according to relevant laws and regulations, correct judgment and evaluation of social legal phenomena and practices, that is, clear "how to do".
Third, the examination method
The national judicial examination is a closed-book written examination, with four sessions in two days.
Fourth, the examination paper structure
In 2009, the National Judicial Examination consisted of four papers, the structure of which was as follows:
Test paper 1: this volume *** 100 questions. It consists of single choice questions, multiple choice questions and indefinite choice questions. Among them, there are 50 multiple-choice questions, each with 1 point; 50 multiple-choice questions and indefinite multiple-choice questions, each with 2 points. The score of this volume is 150, and the examination time is 180 minutes.
Subjects in this volume: jurisprudence, legal history, constitution, economic law, international law, private international law, international economic law, judicial system and legal professional ethics.
Test paper 2: this volume *** 100 questions. It consists of single choice questions, multiple choice questions and indefinite choice questions. Among them, there are 50 multiple-choice questions, each with 1 point; 50 multiple-choice questions and indefinite multiple-choice questions, each with 2 points. The score of this volume is 150, and the examination time is 180 minutes.
Subjects of this volume: Criminal Law, Criminal Procedure Law, Administrative Law and Administrative Procedure Law.
Test paper 3: This volume *** 100 is composed of single choice questions, multiple choice questions and indefinite choice questions. Among them, there are 50 multiple-choice questions, each with 1 point; 50 multiple-choice questions and indefinite multiple-choice questions, each with 2 points. The score of this volume is 150, and the examination time is 180 minutes.
Subjects of this volume: Civil Law, Commercial Law and Civil Procedure Law (including arbitration system).
Test paper 4: This volume is mainly composed of analytical questions, analytical questions, legal document questions and essay questions. The grade of this volume is 150, and the examination time is 2 10 minutes.
Subjects in this volume: Jurisprudence, Constitutional Law, Administrative Law and Administrative Procedure Law, Criminal Law, Criminal Procedure Law, Civil Law, Commercial Law and Civil Procedure Law.
There are several multiple-choice questions in this volume, and candidates can choose one to answer; If the examinee answers all the questions, only the first question written will be judged.
The total score of the above four volumes is 600 points. Candidates must take all the above-mentioned four-volume examinations, and none of the four volumes can score zero, and they can apply for legal professional qualification according to law only after passing the national judicial examination in that year. The test scores of candidates' papers are valid in that year.
Verb (abbreviation of verb) problems and examples
(1) multiple choice questions
Requirements: There are four options for each question, and only one option is the most suitable. Candidates should choose this option and fill it in the corresponding position on the answer sheet as required. No score will be scored for multiple choices, wrong choices or no choices.
Example: Li, a professional flower grower, pulled the power grid around the greenhouse privately to prevent someone from stealing flowers. One night, Bai accidentally got an electric shock while stealing flowers, and was sent to the hospital for rescue. He died. What is Li's subjective psychological attitude towards this result?
A. Direct intention
B. Indirect intention
C. the mistake of overconfidence
D. negligence
(2) Multiple choice questions
Answer requirements: There are four options for each question, of which at least two options are the most suitable. Candidates should choose this option and fill it in the corresponding position on the answer sheet as required. Choose more than one, choose less, choose wrong, choose not to score.
Example: In the transaction between Company A and Company B, a draft with a face value of 6,543,800 yuan was obtained. The drawer is Company B and the payer is Company C. The draft is signed by Company D and Company E, in which Company D guarantees 800,000 yuan and Company E guarantees 200,000 yuan. Later, Company C refused to accept the draft. Which of the following judgments is correct?
A. Company A can claim 1 10,000 yuan from Company B when it refuses to accept.
B. When being refused acceptance, Company A can only ask Company B to pay according to the transaction contract of Company B..
Company C.A can only claim 800,000 yuan from Company D and 200,000 yuan from Company E respectively.
D.D. Company and E Company shall be jointly and severally liable for Company A..
(3) Indefinite choice questions
Requirements for answering questions: There are four options for each question, and at least one option best fits the meaning of the question. Candidates should choose this option and fill it in the corresponding position on the answer sheet as required. Choose more than one, choose less, choose wrong, choose not to score.
Example: In a traffic penalty case accepted by a court, the defendant provided the on-site transcripts of the parties who ran the red light. The on-the-spot record indicates the time and place when the party ran the red light, and refuses to sign, but there is no signature of the party or other witnesses. The plaintiff claimed that he was not at the scene at that time, and a friend testified in court for him. According to the evidence provided by the original defendant and the defendant, how should the court determine it?
A. the court may find that the plaintiff ran a red light.
B. The court may decide that the plaintiff didn't run a red light.
C. the court can't determine whether the plaintiff ran a red light.
D. the court needs further investigation before making a decision.
(d) Analysis (short answer) questions
Requirements for answering questions: Candidates should carefully review the test questions, and make a brief analysis and answer questions according to the relevant legal knowledge and regulations, combined with the given materials and questions.
Example: After convening a coordination meeting between the relevant functional departments and the municipal public transport company (hereinafter referred to as the municipal public transport company), a municipal people's government issued the minutes of the meeting, making it clear that the operating scope of the municipal public transport company is defined within the approved urban planning area; The lines opened by the city bus company in the urban planning area shall ensure the normal operation and be free of tolls; Within the planning area, the investigation and punishment of illegal operation of urban public transport enterprises, which were originally in charge of the transportation department, will be handed over to the construction department. After the minutes of the meeting were issued, a city traffic bureau stopped investigating the illegal operation of the city bus company according to the requirements of the minutes of the meeting.
Tian Mou, Wang Mou are three transport operators approved by the transportation department. The lines they operate overlap with the two operating lines of the city bus company that are exempt from transportation fees according to the minutes of the meeting, but according to the minutes of the meeting, they cannot enjoy the preferential treatment of exemption from transportation fees. The three people refused to accept the decision and filed a lawsuit in the court, demanding that the provisions on exempting the city bus company from paying transportation fees in the minutes of the meeting be revoked, and requesting confirmation that the contents in the minutes of the meeting of the municipal government on suspending the investigation and punishment of the illegal operation of the city bus company were illegal.
Question:
1. Is it within the scope of administrative litigation that the city bus company is exempted from paying transportation fees as stipulated in the minutes of the meeting of the city people's government? Why?
2. Are Tian, Sun and Wang qualified as plaintiffs? Why?
3. Tian, Sun and Wang asked to confirm whether it was illegal for a municipal people's government to suspend the investigation and punishment of illegal operation of city bus companies, and whether it was within the scope of court acceptance? Why?
(5) Analysis questions
Requirements for answering questions: Candidates should carefully review the test questions, make a comprehensive analysis according to relevant legal knowledge, principles and regulations, and answer as required in combination with the materials given in the test questions.
Example: Li has been asking pedestrians whether they need an ID card for a long time on the roadside with a lot of pedestrians in a city, and then sending the photo, address and other information of the person who needs an ID card to He for forgery. Lee forged it and gave it to the buyer. During this period, Li used a forged ID card to go through the mobile phone access procedures and used the mobile phone, resulting in a loss of more than 3,000 yuan in telecom tariffs. In order to prevent the judicial personnel from being arrested, Li has been hiding a triangular scraper in his underwear pocket. One night in late April of 200 1 2000, when Li asked a pedestrian on the road if he needed an ID card, he found Qian walking alone, so he jumped behind him and grabbed his backpack (which contained property worth 2,000 yuan) and fled quickly. Qianmou shouted to catch the robber. It happened that the policeman Zhao passed by here, and Zhao stopped Li. At this point, Li took out the triangular scraper and stabbed Zhao's waist and fled, causing Zhao to be seriously injured. After Li was arrested, the public security organ of City A contacted the public security organ of City B where Li lived, and found that Li fled to City A because he used a credit card overdraft 10000 yuan in City B to avoid bank collection.
Question: Please combine the above cases to analyze the nature of Li's behavior and explain the reasons.
(vi) Title of legal document
Requirements for answering questions: candidates should process and sort out the factual materials provided by the test questions, and make corresponding legal documents according to the standardized format and content, or ask candidates to analyze the legal documents provided by the test questions, point out their irregularities or mistakes and explain the reasons. The titles of legal documents should also be fluent, punctuated correctly and free from grammatical errors.
Example: Defendant Li, male,1born on August 2, 970, Han nationality, farmer, living in Long 'an Village, Chishan City. On the morning of September 7, 2000, the defendant Li passed through the suburbs and saw the victim Xu (female, 34 years old) herding sheep on the grass beach, so he went forward to talk. During the conversation, Li had evil thoughts, so he pulled Xu to a nearby ditch and fell to the ground, forcibly tearing Xu's pants and committing rape. Xu desperately resisted and shouted for help. Li was afraid of exposure, so he took out a dagger and stabbed Xu in the abdomen. Xu continued to call for help. Li stuck Xu's neck with one hand and stabbed Xu's abdomen with the other hand, causing Xu to die on the spot. Li took off Xu Dai's watch and 80 yuan money, and moved Xu's body to a nearby place for burial. Subsequently, Li rushed the 125 sheep herded by the victim to the nearby Gaojiadian village and was found when he was ready to sell the stolen goods. Li fled for fear of sin and was arrested and brought to justice.
Q: Suppose you are the prosecutor in this case. Please write an indictment based on the above facts.
Answer the request:
1. The format is correct and the required items are complete;
2. The request is valid and accurate;
3. The text is fluent and concise, without grammatical errors and typos;
4. The name and document number of the judicial organ not involved in the natural situation and problems of the parties may be compiled by themselves, but the names of candidates shall not be given.
(7) Discussion questions
Requirements for answering questions: candidates should analyze and discuss according to the materials provided by the test questions and the legal knowledge and theory they have mastered. The essay questions require clear viewpoints, full reasoning, fluent language, rigorous logic and accurate expression.
Showing down: Common law countries implement the system of judging down, and the judge's judgment itself has legislative significance and is binding on handling similar cases in the future. In China, written law and judicial interpretation are the main basis for hearing cases, and the Supreme People's Court also guides the trial practice by publishing cases. Please talk about your views around "precedents, cases and judicial interpretations".
Answer the request:
1. On the basis of analysis, comparison and evaluation, put forward opinions and use legal knowledge to explain the reasons;
2. Clear reasoning, rigorous logic, fluent language and accurate expression;
3. The number of words is not less than 500 words.