Jurisprudence. Constitution. Legal History. Judicial System and Professional Ethics - Judicial Examination Master Teacher's Lecture Notes (Legal Edition) (Revised Edition)

Author: Zhou Wangsheng
Publisher:
Publish Date: 2007-01-01
Features: As a discipline that studies the fundamental and general principles of law through various legal phenomena in reality and history, jurisprudence is the main theoretical subject in legal studies and a compulsory professional basic course for all legal studies, law studies, and legal education. Almost all branches of legal studies are to some extent related to jurisprudence. Therefore, the National Judicial Examination includes a certain proportion of jurisprudence questions in the annual exam papers to assess candidates' mastery and application of fundamental legal theories. Based on the teaching of basic jurisprudence theories, this book is accompanied by corresponding examples and their step-by-step solutions, aiming to help candidates master relevant knowledge points, basic problem-solving approaches, and techniques, and achieve excellent results in the National Judicial Examination Paper 1. During the review and preparation process using this book, candidates should adhere to the fundamental principle: focus on the learning and application of jurisprudence knowledge points. This is not only the author's experience in teaching the National Judicial Examination but also a proven secret for successful candidates. Specifically, "focusing on knowledge point learning" requires candidates to thoroughly clarify and understand the content of jurisprudence, and to do well in four "positions": highlighting key points, overcoming difficulties, eliminating doubts, and discerning complexities. Candidates should pay attention to the following aspects in their preparation: 1. Comprehensive review, leaving no gaps. Candidates should discard gambling mentality and ensure they understand every knowledge point, avoiding guesswork or relying on tips. Comprehensive review helps candidates identify key, difficult, and doubtful issues in the textbook, improving the targeted nature of their review. 2. Master theories, grasp techniques. Candidates must thoroughly understand fundamental jurisprudence theories and related knowledge points, not just superficially. They should continuously practice problem-solving methods by analyzing past exam questions and examples. Only by combining these two aspects can candidates remain clear-headed and skilled in the exam. 3. Broaden horizons, connect to practice. Jurisprudence is highly theoretical, and candidates cannot rely solely on memory. They should pay special attention to connecting jurisprudence to judicial practice—by studying various branches of law—to enhance and reinforce their understanding of fundamental legal theories and train their ability to analyze, judge, and solve practical problems using jurisprudential reasoning. In recent years, some changes have occurred in the jurisprudence section of the exam. Since 2003, Paper 4 of the National Judicial Examination has included an essay question. For example, in 2003, question 8 of Paper 4 asked candidates to "discuss their understanding of the legality and rationality of a new measure by a city to govern traffic order," with the requirement that "candidates should not focus solely on the problems or specific cases arising from this measure when giving legal opinions." Although essay questions in recent years appear to be directly related to branch law knowledge and do not contribute to jurisprudence scores, their purpose is to assess candidates' comprehensive ability to analyze and evaluate legal phenomena microscopically and holistically. Relying solely on branch law knowledge is clearly insufficient to answer these questions satisfactorily. While essay questions in 2004 and 2005 had reduced word limits, their difficulty remained high, requiring candidates to have a solid foundation in jurisprudence to handle them confidently. Since 2004, the score value of the jurisprudence section has increased to 20 points. Among the 12 questions in the jurisprudence section, there are 6 multiple-choice questions, 4 multiple-answer questions, and 3 open-choice questions, with a well-balanced distribution and increased difficulty. These changes require candidates to continuously strengthen their learning and mastery of jurisprudence. The of jurisprudence questions are generally based on two considerations: one is the distribution and testability of jurisprudence knowledge points, and the other is the content of recently enacted laws. Each year, in addition to examining the knowledge points candidates should know and understand in the jurisprudence system, the exam pays close attention to combining recent legislative progress. Candidates should fully pay attention to and deeply understand this. From the analysis of past exam questions, the main question types in jurisprudence are multiple-choice questions, including single-choice, multiple-choice, and open-choice questions. The focuses mainly on chapters such as the sources and classification of law, legal relationships, the operation of law, and the origin and development of law. The knowledge points in these chapters account for about 70% of the total score in jurisprudence. Candidates should note that since the implementation of the "Legislation Law" in 2000, issues related to legislative authority, the hierarchy of legal sources, legal interpretation and reasoning, legal liability, and sanctions have become new hotspots for questions. The "Legislation Law" is almost always tested every year, and some of its knowledge points, such as "the division of legislative authority," were tested in the same form in 2000 and 2002, and the knowledge point of "local legislative authority" was included in the 2003 exam. In addition, candidates are advised to pay more attention to other knowledge points related to the "Legislation Law." Key points to master include legislative principles, legislative authority, legal interpretation, legislative procedures, application and filing, etc. It is recommended to carefully study Articles 7–13, 21–25, 27, 28, 39, 41, 42, 46, 47, 50, 56, 61, 63–65, 69, 73, 76, 78–91 of the "Legislation Law." Additionally, in recent years, the examination of "law and society" has shown the characteristic of comprehensive assessment of various points, which should not be underestimated. In recent years, the examination of jurisprudence in the National Judicial Examination has become more flexible, with the use of real-life examples to test jurisprudence knowledge points. Many questions have a lengthy question stem and multiple options, with strong interference and confusion, requiring high problem-solving skills from candidates. Candidates should be fully prepared for such questions.