Judicial Examination Case Breakthrough Guide: Administrative Law and Administrative Procedure Law (Revised Edition)

Author: Compiled by the Legal Examination Center Team
Publisher:
Publishing Date: 2007-01-01
Features: Civil law, criminal law, and the three major procedural laws account for an absolute majority in the judicial examination, with a total score value of 50% to 60%. If you can master these "five giants," victory is within reach. These "five giants" hold a fundamental and core position in the entire legal system. As a result, the difficulty of the questions continues to rise, making them a "climbing zone" in the judicial examination. Many candidates feel that even after reviewing the material multiple times, they still struggle to solve problems. This is mainly because they fail to grasp the key content of the examination points. So, how can one overcome the "climbing zone" of the judicial examination? In fact, many candidates lack the guiding insights that can illuminate their understanding. It is precisely these key guiding words that can help candidates suddenly realize the examination points, break through their own limits, and smoothly pass the "climbing zone." To this end, we have specifically assembled a group of rising stars in the judicial examination training market, who are active in major judicial examination training schools in Beijing. Using their accumulated training experience, they have devoted themselves to creating this series of books, with the hope of benefiting candidates in understanding, memorizing, and applying the law, and helping them smoothly pass the judicial examination.
(1) The Structure of This Book
1. [Basic Theory]: Selects important examination points, summarizes basic theories, and highlights key knowledge points that need to be memorized. The "Common Mistakes Alert" in this section points out the easily confused and incorrect knowledge points of this examination point, allowing candidates to feel as if they are in a classroom and suddenly understand everything.
2. [Case Studies for Breakthrough]: Practice is a necessary path to passing the judicial examination, especially case studies, which break the limitations of simple memorization and cultivate candidates' ability to apply legal provisions and theories to solve practical problems. This section selects typical cases, focusing on related and easily confused knowledge points, such as special and exceptional provisions of basic theories involved in this examination point, thinking blind spots that candidates in the judicial examination may overlook, and easily mistaken or confused knowledge points demonstrated through horizontal comparisons, etc. These enhance candidates' in-depth understanding and application of relevant knowledge, as well as train their problem-solving approaches.
3. [Key Strategies for Breakthrough]: Targeting the common bottlenecks faced by most candidates in judicial examination training, this section briefly summarizes and summarizes aspects such as easily confused and incorrect points, how to memorize, and how to distinguish, deepening candidates' memory and understanding of key, difficult, and confusing points.
(2) Tips for Preparing for the Judicial Examination
1. Emphasize the role of case studies. Preparing for the judicial examination, or learning anything, revolves around solving three problems: understanding, memorization, and application. Understanding is the prerequisite, memorization is the key, and application is the goal. Law is not for reading or studying but for using. As a qualification examination for legal professions, the judicial examination primarily assesses the ability to apply legal norms to specific cases rather than advanced legal theories. This is reflected in the examination questions: there are no definitions, no short-answer questions, and 80% of the questions are small case studies. Therefore, the author believes that the key to success in the judicial examination lies in whether candidates can apply the legal knowledge they understand and memorize to specific contexts. Case studies can connect legal norms with legal norms, legal norms with specific facts (specific contexts), and in this process of weaving connections, candidates can not only cultivate their legal logical thinking but also integrate scattered legal knowledge into a whole, ultimately solving the problem of applying legal knowledge. Therefore, in the judicial examination where purely memorization-based questions are decreasing and small case studies are gradually increasing, candidates should recognize the importance of case studies. While memorizing and understanding legal provisions and basic theories, they should flexibly apply the knowledge learned in cases, breaking free from the of still not being able to solve problems after multiple reviews.
2. Use "sea of questions" strategy cautiously. Some candidates fall into the misconception that a "sea of questions" strategy can guarantee success, so they spend a lot of money buying all kinds of reference books, hoping to pass the examination through comprehensive practice. However, they end up skimming through each reference book or not even having time to review them, wasting a lot of time and money with little return. In fact, "all changes are rooted in the original," no matter how the question types of past judicial examinations change, their content is still based on the textbooks. Therefore, the first step is to grasp the textbooks to determine the direction. The role of exercises is to help candidates identify their weak points, consolidate their memory, and promote their understanding of knowledge. Therefore, our suggestion is: in addition to textbooks, focus on one or a set of reference books that suit you, thoroughly understand every knowledge point, and in the later stage of review, analyze and study the past questions to grasp the question-setting logic and examination points, which play an indispensable role in the examination.
3. Avoid being overly attached to controversial issues. Currently, there are countless judicial examination coaching books on the market, and various coaching classes are springing up like mushrooms after rain, providing candidates with powerful tools for preparation. However, attentive candidates will notice that different books may offer different answers to the same question, and different coaching teachers may hold different views on certain examination points, causing great confusion for candidates. In this regard, our suggestion is: on one hand, controversial examination points are often not the focus of the judicial examination, so candidates must not be overly attached to individual issues, as this will affect their overall review efficiency. On the other hand, regarding the examination itself, for controversial issues, candidates should primarily refer to the syllabus and the latest textbooks compiled and edited by the Ministry of Justice Examination Center. Thoroughly understanding and internalizing the syllabus and textbooks is the key to winning the examination.
4. Weigh the pros and cons of giving up. The judicial examination is indeed an art of "giving up," and candidates should learn to balance "giving up" and "choosing" to achieve the greatest return with the least investment. However, in practice, giving up is easy, but mastering the art of giving up is difficult! Some candidates simply give up some minor subjects, often resulting in not getting the easiest scores while still failing to achieve the desired scores, ultimately failing to pass the examination. In this regard, our suggestion is: first, clarify the direction of "giving up." Giving up is not about simply abandoning things but about reasonably allocating time and focusing on key and difficult points. Second, when our level of "giving up" has not yet reached the level of "art," then remember this: the basic is always important, and the most basic is always the most important! The best preparation for tomorrow is to do your best today. We sincerely wish all candidates who read this book to pass the judicial examination smoothly!