04-08 article source: title online article author: title online
First of all, the nature and objectives of the test.
The national judicial examination is a national unified qualification examination for engaging in a specific legal profession. Newly appointed judges, prosecutors and lawyers must pass the national judicial examination. Persons who have passed the national judicial examination may apply to the Ministry of Justice for granting legal professional qualifications.
Based on this, the goal of the national judicial examination is to test whether the candidates have the knowledge and ability to be judges, prosecutors, practicing lawyers and engage in the legal profession through scientific, reasonable, fair and just judicial examination methods.
Second, the examination content and examination subjects
According to the provisions of the Implementation Measures of the National Judicial Examination (Trial), the contents of the national judicial examination include: theoretical law, applied law, existing legal provisions, legal practice and legal professional ethics. According to this, and referring to the main courses of law major of the Ministry of Education, the subjects of the national judicial examination in 2006 are: jurisprudence, legal history, constitutional law, 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.
Third, the examination method
The national judicial examination is conducted in a closed-book written form for two days.
Fourth, the examination paper structure and examination requirements
The specific structure of the 2006 national judicial examination paper is as follows:
Test paper 1: 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; There are 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.
This volume includes the following subjects: 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 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.
This volume includes the following subjects: 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.
This volume includes the following subjects: 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.
This volume includes the following subjects: jurisprudence, constitutional law, administrative law and administrative procedure law, criminal law, criminal procedure law, civil law, commercial law and civil procedure law.
The total score of the above four volumes is 600 points. Qualified personnel must take all the exams in the above four volumes, and none of the four volumes can score zero. Candidates' test scores are valid in that year.
Verb (abbreviation of verb) problems and examples
(1) multiple choice questions
Answer requirements: each question gives four options, and only one option is correct. Candidates should choose the correct option and fill it in the corresponding position on the answer sheet as required. If you choose more or not, you won't score.
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. He was sent to the hospital for rescue and died. What is Li's subjective psychological attitude towards this result?
A. Direct intention B. Indirect intention
C. Mistakes of overconfidence D. Neglect
(2) Multiple choice questions
Answer requirements: each question gives four options, two or more of which are correct. Candidates should choose the correct option and fill in the corresponding position on the answer sheet as required. No score will be given for multiple choices, fewer choices or no choices.
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 is refused acceptance;
B. When being refused acceptance, Company A can only ask Company B to pay according to the transaction contract with Company B;
Company C.A can only claim 800,000 yuan from Company D and 200,000 yuan from Company E respectively;
Company D and Company E shall be jointly and severally liable for Company A. ..
(3) Indefinite choice questions
Requirements for answering questions: Four options are given for each question, and one or more (including four) of the options are correct. Candidates should choose the correct option and fill in the corresponding position on the answer sheet as required, and no score will be given for multiple choices, fewer choices or none.
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 decide that the plaintiff ran a red light;
B. The court may decide that the plaintiff did not run a red light;
C. the court can't judge whether the plaintiff ran a red light;
D. the court needs further investigation before making a decision.
(d) Thematic analysis
Requirements for answering questions: Candidates are required to answer questions according to the test questions. Candidates should carefully review the test questions and questions and answer them as required.
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
Answer requirements: Candidates are required to make a comprehensive analysis according to the case. Candidates should carefully review the test questions and questions and answer them as required.
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 are required to process and sort out the factual materials provided by the test questions and make corresponding legal documents according to the requirements of the test questions, or they are required to find out the wrong legal documents provided by the test questions and give reasons or analysis. Legal document questions require standardized answer formats, fluent words, correct punctuation and no 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 the evil thought of rape, so he pulled Xu into a nearby ditch and fell to the ground, forcibly tearing Xu's pants to commit 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, 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 are required to analyze and discuss according to the materials provided by the test questions and combined with their own legal knowledge and theory. The essay questions require clear viewpoints, full reasoning, fluent language, rigorous logic and accurate expression.
For example, common law countries implement case law system, 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.