Civil Law Case Breakthrough Tutorial: Revised Edition

Author: Dan Shuhua
Publisher:
Publish Date: 2007-01-01
Features: Civil law, criminal law, and the three major procedural laws hold an absolute dominant position in the judicial examination, accounting for 50% to 60% of the total score. If you can master these "five giants," victory is within reach. These "five giants" occupy a fundamental and core position in the entire legal system, making the difficulty of the questions continuously increase, forming the "climbing zone" of the judicial examination. Many candidates feel that after reviewing the material multiple times, they still cannot solve the problems, mainly because they fail to grasp the key content of the exam points. So, how can one break through the "climbing zone" of the judicial examination? In fact, many candidates lack the insightful guidance that can illuminate the key points. It is precisely this crucial guidance that can help candidates suddenly realize the exam points, break through their own limits, and smoothly pass the "climbing zone." For this reason, we have specifically gathered a group of rising stars in the judicial examination training market, who are active in major judicial examination training schools in Beijing. With 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 exam points, summarizes basic theories, and highlights key knowledge points that need to be memorized. The "Common Mistakes Tip" in this section points out the easily confused and incorrect knowledge points of this exam point, allowing candidates to feel as if they are in a classroom and suddenly understand.
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 use 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 exam point, thinking blind spots that candidates in the judicial examination may overlook, and easily mistaken or confused knowledge points demonstrated through horizontal comparisons, etc. This strengthens candidates' in-depth understanding and application of relevant knowledge, as well as trains their problem-solving approach.
3. [Key Strategies for Breakthrough]: Targeting the common bottlenecks encountered 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 tests candidates' ability to apply legal norms to specific cases rather than deep legal theories. This is reflected in the exam questions: there are no definitions, no short-answer questions, and 80% of the questions are small cases. 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 connection, they can not only cultivate 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 questions 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 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 on various reference books, hoping to pass the examination through comprehensive practice. However, they can only skim through each reference book, and they may not even have time to read them, spending 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 weaknesses, consolidate their memory, and promote their understanding of knowledge. Therefore, our suggestion is: in addition to textbooks, grasp one or a set of reference books suitable for you, thoroughly understand every knowledge point, and in the later stage of review, analyze and study the true questions to grasp the question-setting logic and exam points, which plays an indispensable role in the exam.
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 have different answers to the same question, and different coaching teachers may have different views on certain exam points, which confuses candidates. To this end, our suggestion is: on one hand, controversial exam points are often not the focus of the judicial examination, so never be overly attached to individual issues, as this will affect the efficiency of your overall review. On the other hand, regarding the exam itself, for controversial issues, prioritize the syllabus and the latest textbooks compiled and edited by the Ministry of Justice Examination Center. Thoroughly reading and understanding the syllabus and textbooks is the key to winning the exam.
4. Weigh the pros and cons of giving up. The judicial examination is indeed an "art of giving up," and candidates should understand the balance between "giving up" and "choosing" to achieve the greatest return with the least investment. However, in practice, giving up is easy, but mastering the art is difficult! Some candidates simply give up some minor subjects, often resulting in not getting the easiest points while not necessarily achieving the points they desire, leading to failure in the exam. To this end, our suggestion is: first, clarify the direction of "giving up." Giving up is not simply abandoning something but should involve reasonable time allocation, focusing on key points, and overcoming difficulties. Second, when our level of "giving up" has not yet reached the level of an "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!