Postgraduate Entrance Examination for Law Masters: 3-Year Question Classification and Detailed Explanations, as well as Knowledge Checklist

Author: Ji Hong
Publisher:
Publish Date: 2005-05-01
Features: This book is divided into five parts: Criminal Law, Civil Law, Jurisprudence, Chinese Constitutional Law, and Chinese Legal History. Each part is further divided into 3 to 6 topics based on the knowledge system. Each topic is generally set according to the chapter order determined by the outline, combining several chapters to ensure that the number of true and false questions in each topic is roughly the same. However, in the part on Chinese Constitutional Law, since there are many true and false questions on "form of state structure," a separate topic is set for it. In the part on Chinese Legal History, unlike the outline, which arranges the ancient legal history in chronological order, the topics are established based on the commonality of knowledge points. The ancient legal history is roughly divided into three topics: ancient legislation, ancient civil and criminal systems, and ancient judicial systems. Each topic includes "Detailed Explanation of True and False Questions," "Key Points Summary," and "Simulated Self-Test" sections. The "Detailed Explanation of True and False Questions" includes true and false questions, answers, analysis, and a knowledge checklist. The true and false questions in the detailed explanation are only those from 2003 to 2005. As for the true and false questions and their analysis from 2000 to 2002, they are placed as appendices after each part. The true and false questions are generally arranged according to the order of knowledge points determined by the outline; however, in the ancient part of Chinese Legal History, under the premise of classifying by the same knowledge points, the true and false questions are arranged in chronological order. In the analysis, for multiple-choice questions, every option is analyzed as much as possible, and the reasons are explained as specifically as possible. If relevant legal provisions are applicable, the relevant provisions are quoted in detail. If several multiple-choice questions examine the same content, the analysis is provided together when appropriate. For subjective questions, since the answers are quite clear, the analysis mostly focuses on the answer approach, or even no analysis is provided. The knowledge checklist explains the knowledge points involved in the true and false questions or related knowledge points. If the related knowledge points have already been thoroughly explained in the analysis, the knowledge checklist is not listed separately; if several true and false questions involve the same knowledge point or similar points, they are combined in the knowledge checklist. The key points summary are presented in a table format, including the following columns: Chapter, Section, Examined Key Points, and Prediction. The chapters and sections in the table do not strictly follow the chapters and sections determined by the outline. The examined key points include three sub-columns: Key Points, True and False Questions, and Score. The key points sub-column summarizes the knowledge points examined in the relevant true and false questions with as few words as possible. If the true and false question is a case analysis question, all relevant knowledge points are explained. The true and false questions sub-column explains the source of the true and false question, including the year, type, and number. "Single" refers to single-choice questions, "Multiple" to multiple-choice questions, "Optional" to multiple-choice questions, "Compare" to comparative concept questions, "Name" to name explanation questions, "Law" to legal provision analysis questions, "Distinguish" to distinguishing questions, "Analyze" to analysis questions, "Case" to case questions, and "Argument" to argument questions. The prediction sub-column indicates the likelihood of examining the relevant knowledge points and provides a brief explanation of points to pay attention to. The likelihood of examination coefficient is determined based on the number of times it has been examined: the likelihood of examination coefficient is equal to the number of times it has been examined, but if the number of times it has been examined is 2 to 4 and it has not been examined in 2004 and 2005, it is reduced by 1 to determine the likelihood of examination coefficient, while if it has been examined in both 2004 and 2005, it is increased by 1 to determine the likelihood of examination coefficient. When calculating the number of times it has been examined, 2000 is generally not considered. According to the above rules, the likelihood of examination coefficient is determined, and it is appropriately adjusted based on the position of the knowledge point in the knowledge system. The likelihood of examination coefficient only indicates the possibility of the knowledge point being re-examined, and it does not mean that knowledge points with a likelihood of examination coefficient of 0 or 1 will not be examined. The simulated questions are drafted based on the true and false questions in the "Detailed Explanation of True and False Questions" and provide answers and explanations.
Glimpses of Brilliance: Preface to the Publication Three Books = One Goal Important Legal Provisions + Classic Cases + Exam Question Summaries = High Score in the Legal Master National Unified Examination The number of candidates applying for the Legal Master National Unified Examination has been rising continuously, and the difficulty of the exam has become increasingly challenging, with competition growing year by year. This is undeniable. In 2005, the number of candidates applying in Beijing alone exceeded 10,000. In terms of admission rates, they are generally around 1:8, with some prestigious universities reaching 1:15. Therefore, in addition to politics and foreign languages, scoring high in professional courses is the "core competitiveness" for winning the Legal Master Examination. The prerequisite for scoring high is to solidify the foundation, but this is not enough. We believe there are a few more points to keep in mind: (1) Organize the essential legal provisions for professional courses, learn to analyze and apply them to adapt to the exam's focus on legal provisions. (2) Familiarize yourself with various types of cases, learn the methods of case analysis, and improve your ability to solve practical problems using theory to meet the exam's focus on cases. (3) Analyze past exam questions, especially those from recent years, to identify key points and non-key points, and grasp the overall direction of the exam. To genuinely help candidates achieve the above points, we have published three books: "Important Legal Provisions for the Legal Master National Unified Examination," "Classic Case Analysis for the Legal Master National Unified Examination Professional Foundation Courses," and "Three Years of Exam Question Summaries and Knowledge Checklists for the Legal Master National Unified Examination." "Important Legal Provisions for the Legal Master National Unified Examination" selects and explains and analyzes important laws and regulations related to criminal law, civil law, and constitutional law, revealing the question points of easily confused knowledge and compiling some practice questions. An appendix is provided at the end, including the analysis of classic ancient legal texts in Chinese Legal History and the analysis of classic argumentative questions in comprehensive courses, offering solutions for legal history's ancient text analysis questions and comprehensive course argumentative questions. "Classic Case Analysis for the Legal Master National Unified Examination Professional Foundation Courses" focuses on case analysis questions in professional foundation courses, divided into two volumes: Criminal Law and Civil Law. Each volume is further divided into two main parts: General Classic Cases and Complex Classic Cases. The first part, General Classic Cases, is arranged according to chapter knowledge points, following the principle of increasing difficulty, suitable for building a foundation. The second part, Comprehensive Classic Cases, has a certain level of difficulty and may not solely examine a single knowledge point but involve multiple knowledge points. Some classic and complex cases are close in difficulty to the actual exam questions. Each case is provided with detailed solutions and analysis by the author. "Three Years of Exam Question Summaries and Knowledge Checklists for the Legal Master National Unified Examination" uses the true and false questions from the past three years to highlight key points, "giving a glimpse of the whole from a part," not only explaining the true and false questions but also summarizing key points and organizing knowledge checklists. At the same time, this book has a significant highlight: it "drafts" simulated questions based on the knowledge checklists, predicting the exam direction and providing new ideas for candidates to consolidate knowledge. These three books took six months to complete, and our preparation time was ample. However, given the limited time and effort, there may be omissions and inaccuracies. We sincerely welcome experts and candidates to criticize and correct any shortcomings. We hope these three books can achieve the goals we envisioned.
China Renmin University Press April 2005
Author's Note The Importance of True and False Questions—What is Examined? How is it Examined? What is the Difficulty? Since 2000, the Legal Master National Unified Examination has been conducted for six years. How has the exam examined candidates over these six years? What has been examined? What is the difficulty? Can some regular patterns be identified? The only way to find answers to these questions is through past true and false questions. The purpose of writing this book is to analyze, compare, and study past true and false questions to answer the above questions and guide candidates in efficient review and exam success. "What is Examined" refers to the knowledge points that the exam is certain to examine, may examine, may occasionally examine, and the approximate proportion of various knowledge points in the exam. Examined knowledge points may be slightly modified and reappeared in the next year's exam, or even unchanged. Never assume that a knowledge point has been examined and will not be tested again. For example, the knowledge point "Leaders of central state organs may not hold office for more than two terms consecutively" was examined in the 2000 comprehensive exam's constitutional multiple-choice question 2, the 2002 comprehensive exam's multiple-choice question 18, the 2003 multiple-choice question 22, and the 2004 multiple-choice question 56; another example is the 2005 criminal single-choice question 2, which is entirely derived from the 2001 single-choice question 2 and the 2002 single-choice question 2. Knowledge points can be grasped from multiple angles, so the exam may examine the same knowledge point from a different perspective in the following year. Understanding "What is Examined" helps us allocate time reasonably, focusing the limited time on knowledge points worth paying attention to. "How is it Examined" refers to the types of questions used in the exam and the characteristics of each type. Understanding "How is it Examined" helps us target specific knowledge points during review. For knowledge points that may be examined using multiple-choice questions, we focus on understanding rather than rote memorization; for knowledge points that can be examined using subjective questions, we need not only to understand and memorize but also to study under what circumstances and how to apply them. "Exam Difficulty" refers to the depth and breadth of the exam's examination of specific knowledge points. For knowledge points with low difficulty, there is no need to "get entangled" with them; but for those with high difficulty, we must concentrate on absorbing and digesting them. In short, mastering the true and false questions will give you a clear understanding, making the review process more efficient.
Explanation of the Book's Structure The book is divided into five parts: Criminal Law, Civil Law, Jurisprudence, Chinese Constitutional Law, and Chinese Legal History. Each part is further divided into 3 to 6 topics based on the knowledge system. Each topic is generally set according to the chapter order determined by the outline, combining several chapters to ensure that the number of true and false questions in each topic is roughly the same. However, in the part on Chinese Constitutional Law, since there are many true and false questions on "form of state structure," a separate topic is set for it. In the part on Chinese Legal History, unlike the outline, which arranges the ancient legal history in chronological order, the topics are established based on the commonality of knowledge points. The ancient legal history is roughly divided into three topics: ancient legislation, ancient civil and criminal systems, and ancient judicial systems. Each topic includes "Detailed Explanation of True and False Questions," "Key Points Summary," and "Simulated Self-Test" sections. The "Detailed Explanation of True and False Questions" includes true and false questions, answers, analysis, and a knowledge checklist. The true and false questions in the detailed explanation are only those from 2003 to 2005. As for the true and false questions and their analysis from 2000 to 2002, they are placed as appendices after each part. The true and false questions are generally arranged according to the order of knowledge points determined by the outline; however, in the ancient part of Chinese Legal History, under the premise of classifying by the same knowledge points, the true and false questions are arranged in chronological order. In the analysis, for multiple-choice questions, every option is analyzed as much as possible, and the reasons are explained as specifically as possible. If relevant legal provisions are applicable, the relevant provisions are quoted in detail. If several multiple-choice questions examine the same content, the analysis is provided together when appropriate. For subjective questions, since the answers are quite clear, the analysis mostly focuses on the answer approach, or even no analysis is provided. The knowledge checklist explains the knowledge points involved in the true and false questions or related knowledge points. If the related knowledge points have already been thoroughly explained in the analysis, the knowledge checklist is not listed separately; if several true and false questions involve the same knowledge point or similar points, they are combined in the knowledge checklist. The key points summary are presented in a table format, including the following columns: Chapter, Section, Examined Key Points, and Prediction. The chapters and sections in the table do not strictly follow the chapters and sections determined by the outline. The examined key points include three sub-columns: Key Points, True and False Questions, and Score. The key points sub-column summarizes the knowledge points examined in the relevant true and false questions with as few words as possible. If the true and false question is a case analysis question, all relevant knowledge points are explained. The true and false questions sub-column explains the source of the true and false question, including the year, type, and number. "Single" refers to single-choice questions, "Multiple" to multiple-choice questions, "Optional" to multiple-choice questions, "Compare" to comparative concept questions, "Name" to name explanation questions, "Law" to legal provision analysis questions, "Distinguish" to distinguishing questions, "Analyze" to analysis questions, "Case" to case questions, and "Argument" to argument questions. The prediction sub-column indicates the likelihood of examining the relevant knowledge points and provides a brief explanation of points to pay attention to. The likelihood of examination coefficient is determined based on the number of times it has been examined: the likelihood of examination coefficient is equal to the number of times it has been examined, but if the number of times it has been examined is 2 to 4 and it has not been examined in 2004 and 2005, it is reduced by 1 to determine the likelihood of examination coefficient, while if it has been examined in both 2004 and 2005, it is increased by 1 to determine the likelihood of examination coefficient. When calculating the number of times it has been examined, 2000 is generally not considered. According to the above rules, the likelihood of examination coefficient is determined, and it is appropriately adjusted based on the position of the knowledge point in the knowledge system. The likelihood of examination coefficient only indicates the possibility of the knowledge point being re-examined, and it does not mean that knowledge points with a likelihood of examination coefficient of 0 or 1 will not be examined. The simulated questions are drafted based on the true and false questions in the "Detailed Explanation of True and False Questions" and provide answers and explanations.
Instructions for Using the Book Regarding the use of this book, candidates can treat it as unit practice questions. After systematically reviewing a topic, candidates can take the corresponding questions from this book to test their review results. It is essential to pay attention to the fact that when answering the questions in this book, candidates must maintain independent thinking and analysis, arriving at their own answers before comparing them to the answers. They should not consciously or unconsciously look at the answers first; otherwise, the utility of the true and false questions as practice questions will be significantly reduced. Additionally, when comparing answers, for questions answered correctly, it is also recommended to refer to the analysis to see if, although the answer is correct, the reasoning and basis for the solution are not. For incorrect answers, candidates should carefully review the solutions to identify the root causes. As a collection of exam results, the questions in this book can be practiced repeatedly to help candidates grasp the patterns of question types and problem-solving techniques. Any questions or feedback from candidates on the use of this book can be submitted on the Legal Master forum of 1Kao (www.1kao.net) or the Beijing Wanguo website (www.wanguoschool.net). Alternatively, feedback can be sent to jihong@vip.163.com.
Editors April 2005