I. System construction
Law is a rigorous discipline, and its rigor is not only reflected in the diversity of attributes, but also in its logical system. For example, in the pledge system in civil law, the concept of the upper level is security interest, the concept of the lower level is property right, and the parallel system has mortgage and lien. When students understand the memory pledge system, they need to do it in the system of real right and security right, which is relatively easy.
At the same time, a learning method that should be paid attention to is systematic construction. In the later stage of learning, to achieve a realm, that is, there are hills in the chest and valleys in the valley, and there is a clear positioning of the status and role of each knowledge point in the departmental law. If you take a blank sheet of paper, you can clearly show all the knowledge points of each chapter in the form of a frame diagram, which not only makes the understanding and memory more effective, but also shows that the understanding of the laws of this department has reached a high level, and it is too simple to take the Master of Laws exam.
Students can sort out the knowledge points of each chapter according to the picture below. If each chapter of each course can be written in a closed book, your professional course score will definitely reach more than 240 points.
Second, comparison and summary
LLM entrance examination has been more than ten years now. As the fairest national unified examination, the intensity of competition is increasing year by year, and the difficulty of examination questions is also increasing year by year. Looking at the real questions over the years, the investigation of confusing knowledge points is getting stronger and stronger.
Similar knowledge points are easily confused; What is easy to confuse is that students are easy to make mistakes; The place where students are prone to make mistakes is that examiners like propositions. For example, restrictions on criminals such as control, deprivation of political rights, probation and parole in criminal law; Limitation of action in civil law, legal persons of companies and consortia, establishment and effectiveness of registration, etc. Classification of legal relationship and law in jurisprudence; In terms of constitutional laws, the imperial constitution and the people's constitution, the functions and powers of various state organs, etc. Legal history, judicial institution reform, code title reform, etc. Students need to pay attention to the connection, comparison and summary before and after learning, and sort out the points that are easy to be confused. For example:
Object summary
1.？ Can limit the object of commutation:
a)？ A recidivist sentenced to death with a suspended sentence.
b)？ A criminal sentenced to death with a suspended execution for intentional homicide, rape, robbery, kidnapping, arson, explosion, throwing dangerous substances or organized violent crimes.
2.？ The objects of commutation: public surveillance, criminal detention, fixed-term imprisonment and life imprisonment.
3.？ General recidivism: restrictive regulations, negligent crimes and crimes committed by people under 18 years old do not constitute general recidivism.
4.？ Object of recidivism: fixed term (expired or pardoned)+five years+fixed term (should)
5.？ The target of special recidivism: criminals who endanger national security, terrorist activities and organized crimes of underworld nature.
6.？ Objects that cannot be suspended: recidivists and ringleaders of criminal groups.
7.？ People who should suspend classes:/kloc-people under 0/8 years old, pregnant women, people over 75 years old.
8.？ The second object of probation: criminal detention of less than three years and fixed-term imprisonment.
9.？ Object not allowed to be released on parole: recidivists and criminals sentenced to fixed-term imprisonment of more than 10 years or life imprisonment for intentional homicide, rape, robbery, kidnapping, arson, explosion, throwing dangerous substances or organized violent crimes are not allowed to be released on parole.
10. Parole target: fixed-term imprisonment, life imprisonment (no criminal detention, no suspension of death)
1 1. People who should be deprived of political rights: death penalty, life imprisonment and criminals who endanger national security.
12. The restricted objects of the death penalty: people under the age of 18 at the time of committing the crime, women who are pregnant at the time of trial and people over the age of 75 at the time of trial (except those who cause death by particularly cruel means).
Third, attributes focus on
Law is a rigorous discipline, and its rigorous characteristics are often reflected by the explanation of each specific noun, and these explanations are often composed of one or several attributes, which are often the focus of the LLM exam.
For example, attempted crime refers to a form in which a crime has been committed but failed due to reasons other than the will of the perpetrator. Attempted crime is a form, what kind of form? Requirements 1: I have already started, which is a spatio-temporal attribute; Requirement 2: Due to reasons other than the will of the offender; Requirement 3: Unqualified. Only by mastering these three attributes can we grasp the attempted crime, and these three attributes are precisely the three characteristics of attempted crime. Among them, "start", "reasons other than will" and "unsuccessful" are three concepts that need to be clearly defined and defined by several attributes or need to be mastered. Only by mastering these attributes can I clearly understand this concept and get corresponding scores in the exam.
On the other hand, if there is the same kind, there will be comparison, and the general characteristics and essential characteristics are often different. When we encounter words of comparative degree, such as essence, core, earliest, last and first time, we need to pay special attention to them. They are often test sites (competitiveness, we can feel from the book that our comparative heart is actually formed inadvertently. No way, who let us live in this secular society, suddenly thought that the second man on the moon was Aldrin.
Fourth, case control.
Students preparing for the Master of Laws have no theoretical basis, and it is difficult to understand some unfamiliar legal concepts clearly, which requires students to have a case comparison of each knowledge point.
Continuous crime refers to the crime that acts on the same object from beginning to end, and the criminal behavior and illegal state are in a continuous state at the same time in a certain period of time. Simply looking at this concept is too abstract to understand. It will be much better to understand from the angle of the crime of illegal detention, which is a typical serial crime. The actor illegally detains the victim, and during the process from detaining the victim to releasing it, the actor's illegal detention behavior and the non-occurrence state of restricting the victim's personal freedom caused by this behavior continue at the same time. This is the crime of illegal detention. I hope that students can find corresponding cases for each unfamiliar concept, so that it is easier to master the knowledge points.
Fourth, value analysis.
It is a very important ability to see the essence through phenomena. Specific to the learning process, students need to develop the habit of value analysis of relevant systems, that is, in-depth analysis of the legislative intent of the system, the desired goals and so on. Through the analysis of the system, students can really grasp the essence of the system and will not forget it so easily.
For example, when we talk about bona fide acquisition and agency by estoppel, we should analyze the value of this system. Both of these systems maintain the social transaction order by protecting the bona fide third party. In the detailed explanation, students can be mobilized to interact, assuming certain situations to make students think, such as "if the agency by estoppel cannot produce the same effect as the agency by right." What are the consequences of this legislation? "The establishment of agency by estoppel does not require the relative person to have reason to believe that the agent has the right of agency. What are the consequences of such legislation? " Through such interaction, students can be inspired to think about the value of the system, and they can be guided to deeply understand the value of the system.
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