According to Article 2 of the Measures for Lawyer Qualification Examination, "The lawyer qualification examination is a national vocational qualification examination. If the test scores reach the admission score and pass the examination, the Ministry of Justice will grant the lawyer qualification. " The lawyer qualification examination is organized by the Ministry of Justice and held once a year.
2. Why do you want to take an examination of lawyers, or what is the use of taking an examination of lawyers?
For most friends who are going to be lawyers, passing the qualification examination is the only way to become lawyers; For some friends with stable careers, exams are a feasible way to try to change careers; For some admirable friends who "must take the exam for every teacher", taking the law exam itself is a good opportunity to hone their exam skills; For many unfamiliar but curious friends, taking the exam is a kind of motivation and pressure to get in touch with legal knowledge. Of course, you can't rule out the "freaks" who take exams purely for fun. Frankly speaking, stall owners belong to this category.
If I pass the bar exam, can I become a lawyer?
Not yet. Our country implements the system of separating lawyer qualification from lawyer practice, and only by passing the legal examination can we obtain lawyer qualification. If you want to be a lawyer, you must also apply for a lawyer's practice certificate. According to the provisions of the Lawyers Law, an application for issuing a lawyer's practice certificate shall meet the following conditions: (1) Support the Constitution of our country; (2) Obtaining the qualification as a lawyer; (3) Internship in a law firm for one year; (4) A lawyer's practice certificate shall not be issued if he has good conduct and is under any of the following circumstances: ① he has no capacity for civil conduct or has limited capacity for civil conduct; (2) Having been subjected to criminal punishment, except for negligent crimes; (3) being expelled from public office or having his lawyer's practice certificate revoked; (4) belonging to the current staff of state organs.
4. Can I practice in a law firm for one year before I get the qualification as a lawyer, so that I can apply for a practicing certificate directly after I get the qualification certificate?
It is understandable that you want to get a lawyer's license faster in this way, but as far as I know, this way is not feasible at present, at least in Guangzhou. Because formal practice requires an internship certificate, an internship certificate requires a lawyer's qualification certificate, and an internship without an internship certificate is not a condition for issuing a lawyer's practice certificate. Of course, this kind of internship is still helpful to improve lawyers' practical ability and professional experience.
5. If you want to be a lawyer, you don't have to take the lawyer exam.
In addition to exams, people with special conditions can obtain the qualification of lawyers through exams. The main requirements are: under the age of 65, with a bachelor's degree in law or above, and having ① engaged in legal education or research in law schools (departments) or legal research institutions of colleges and universities, and obtained senior titles; Or (2) having a master's degree in law or above, having more than 3 years of legal work experience or working in a law firm 1 year or more; Or (3) other persons with senior professional titles or equivalent professional level who meet one of these three conditions may obtain the qualification of lawyer through application, examination and award. Those who do not meet these conditions can only obtain qualifications through legal examinations; Even those who meet the above conditions can choose to pass the bar exam to obtain qualification.
6. I didn't become a lawyer after I got the lawyer's qualification certificate. How long can my qualification last?
According to the current laws and regulations, there is no restriction on this, which can be understood as preserving life.
7. What are the requirements for applying for the bar exam?
The lawyer qualification examination method clearly stipulates:
Article 5 A person who meets the following conditions may register for the lawyer qualification examination:
(1) To support the Constitution of People's Republic of China (PRC) and enjoy the right to vote and stand for election;
(2) Having full capacity for civil conduct;
(3) Obtaining a junior college degree or above in law major in institutions of higher learning or equivalent professional level, and a bachelor degree or above in non-law major in institutions of higher learning;
(4) Good conduct.
Article 6 Anyone who is under any of the following circumstances shall not register for the lawyer qualification examination. If the registration formalities have been completed, the registration shall be invalid:
(1) Having no or limited capacity for civil conduct;
(2) Having received criminal punishment for intentional crime;
(3) Being expelled from public office;
(4) Being disqualified as a lawyer.
8. What are the procedures for applying for the lawyer qualification examination?
Provisions on the method of lawyer qualification examination:
Article 7 Applicants shall truthfully fill in the application form and submit the following materials at the time of registration:
(a) the original and photocopy of the academic certificate;
(2) The original and photocopy of the ID card;
(3) proof of household registration.
Persons who are not registered at their place of residence shall submit the temporary residence permit issued by the public security organ at the place of registration.
Article 8 Applicants shall pay the registration fee at the time of registration.
The standard of registration fee shall be determined by the judicial departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the charge management departments at the same level. The registration fee shall be earmarked for the expenses of the examination work.
9. When will you register and take the exam?
The lawyer qualification examination is registered from July 1 day to July 3 1 day every year, and the examination is held on the third Saturday and Sunday in June1day every year.
10, working in Guangzhou, but registered in Zhanjiang, where to develop in the future is still unknown. Where is the right place to register for the exam?
Lawyer qualification is not limited to regions, but universal. Therefore, the stall owner suggests that you consider the registration place mainly from the perspective of facilitating the revision of the exam.
1 1. What channels can I learn about the law exam formally?
Generally pay attention to the local official newspaper, and you can get the news about the registration of the law exam in time. The stall owner thinks the most convenient way is to directly ask the lawyer management office of the local judicial bureau. 1 14 is very useful. The stall owner will also post the news on this website for the first time.
12, how many courses are generally taken in the law exam? Do you have to accept all laws?
The latest lawyer qualification examination method clearly stipulates:
Article 16 The subjects of the national lawyer qualification examination include: Constitution, basic theory of law, administrative law, criminal law, civil law, commercial law, economic law, criminal procedure law, civil procedure law, administrative procedure law, international law, private international law, international economic law, lawyer system and practice. The proposition scope of the examination paper is limited to the outline of the lawyer qualification examination published by the Ministry of Justice.
13, how to test? Is there a fixed passing score?
The closed-book written test started from 1992 and was determined as a four-volume test. 1996 added a foreign language and formally conducted some standardized tests. 1997, foreign languages are incorporated into the comprehensive knowledge volume. There are four exams, and the answer time for each exam is generally three hours, and the exam is finished in two days. The specific examination methods of that year were posted and announced by the judicial administrative department at the time of registration. Please pay attention when registering. General standardized questions are single choice, multiple choice and arbitrary choice, while non-standardized questions are noun explanation, short answer, case analysis and document writing. In the past three years, non-standardized problems have basically taken shape as case analysis and document writing.
Since 2000, the law examination admission system has undergone major reforms. According to the provisions of the lawyer qualification examination method:
Article 36 The Ministry of Justice shall determine and publish the number of lawyer qualifications granted in this year's examination every year.
Article 37 After the examination, the Ministry of Justice will admit lawyers according to the qualification granted by this year's examination, and the grades will be ranked from high to low.
Candidates who pass the examination and reach the minimum admission score after the score verification shall be admitted, and shall not be limited by the amount of lawyer qualification granted by the examination as stipulated in Article 36 of these Measures.
Candidates who have a record of absence or zero test scores will not be admitted.
14, is the law exam difficult?
It varies from person to person. According to the stall owner, the difficulty of the law exam can be described as follows: a fresh law graduate must not be sloppy at school, concentrate on preparing for the exam 2-4 weeks before the law exam, and there will be no accidents during the exam. This should pass.
Tip: A friend questioned the vendor's statement after the 1998 law exam, and thought that the law exam was actually more difficult than what was said here, mainly because there were too many memorable contents in the 1998 exam. The above statement of the stall owner is completely based on his own personal experience, for reference only, and must not be "guided"!
15, I study science and engineering, and I don't have much contact with the law at ordinary times. I wonder if there is any hope of passing.
I hope there are, of course, many precedents. For example, 1998 Michael, a netizen who is active in the street stall, is a computer student. 1998 passed the examination room at the beginning of 240 points, and now he has worked in a law firm in Quanzhou. In addition, judging from the good news of netizens of 1999, most of the candidates with the highest scores are friends of science and engineering. I wonder whether it should be regarded as the sorrow of university law education or the success of university science and engineering education?
In my humble opinion, according to the current examination method of law examination, there are three requirements for candidates: legal knowledge, memory ability and answering skills, which are equally important. Compared with law majors, science and engineering undergraduates have advantages except the first item, so under the same review conditions, their chances of passing are difficult to distinguish.
16, I heard that the scope of the law exam is very wide. How to prepare? How long will it take to prepare?
It is true that the scope is very wide, but any exam has its own rules to follow. Theoretically speaking, as long as we can understand its law, make a reasonable plan according to our own situation, and then implement the plan seriously, we should be sure to pass it. As for how to understand the rules of examination, of course, we should start with the analysis of previous examination questions and selectively absorb the experience of others, which will be more effective. The idea of building this food stall is to build itself into a * * * enjoyment base to show and exchange experiences.
As for the preparation time, the stall owner thinks it is difficult to determine. According to experience, 2-4 weeks should be enough for law majors, and it takes about 3 months for junior college or non-law majors to determine. (Solemnly remind: The above figures are purely for reference, and some are better than none. )
17, I heard that you have to take a foreign language in the law exam? I wonder how hard it is. My foreign language level is very poor. What should I do?
Good news. Since 2000, lawyers have stopped taking foreign languages, so don't worry about it any more!
18. What reference books should I read for preparing for the exam? Where can I find these books?
The designated bibliography of the 2000 National Lawyers Qualification Examination is as follows:
Jurisprudence, constitutional law, administrative law, administrative procedure law, criminal law and criminal procedure law
Civil Law, Civil Procedure Law, Arbitration Law, Economic Law, Commercial Law, International Law, Private International Law and International Economic Law.
The national lawyer qualification examination lawyer system and lawyer's practice outline and compilation of laws and regulations
These books are generally sold to candidates at the registration point and also in bookstores in major cities. There is a place on the internet that sells these books, and netizens can also go and have a look:/
19, I heard that there is a legal examination counseling training class. Where is it? Do you have to read it? Is it helpful to take this class?
Judicial administrative departments all over the country can recommend such training courses to you. This kind of training class was once set up to collect the necessary travel expenses for non-law major candidates to register. Therefore, apart from the high fees that may inspire confidence, the stall owner has not heard of any substantial help. However, you do have spare time and money to review, and attending such courses may give you some comfort and satisfaction in confidence and spirit.
20. I am a non-law major undergraduate candidate. I have bought a book for the law exam in the bookstore before registration, but the registration point also requires me to buy another set, and I must attend the pre-registration training class, otherwise I will not accept the registration. What should I do?
You are fully qualified to register. If you are not allowed to register, that is an administrative act that should be allowed but not allowed. Theoretically, you can bring an administrative reconsideration to the higher judicial department or bring an administrative lawsuit directly to the people's court. But it is very likely that I will be admitted next year, so many friends who have complained to me are afraid to eat this "crab", and the psychology of spending money to eliminate disasters is completely understandable. However, there is another trick that may be uncertain, that is, late registration. When all the books to be sold are sold out and the "guests" are full, this local policy will naturally fail. Might as well try.
2 1. A friend of mine said that he knew an undergraduate who studied mathematics. It is said that he only prepared for two weeks and passed the exam. Is there any secret or "trick" in the law exam?
The stall owner has some doubts about this. In contrast, the stall owner has seen many counter-examples, such as undergraduate graduates who graduated from regular courses, with solid professional knowledge and rich practical experience, but failed several times; For another example, the doctor of law of a famous university complained in the newspaper that although he wrote his own questions very well, he passed the exam twice. So, if you say it did happen, please think about your friend and ask this master to come here and introduce his experience. However, the stall owner has always held a conservative attitude towards "magic" and secret skills, and advocated German-style "strict planning and strict implementation".
22. I heard that there are many problem sets on the market to guide the law exam. Is it helpful to review with "sea tactics"
The stall owner's personal opinion is that it may be harmful. Three years ago, I once expressed my opinion in a preface like this:
"First of all, if you really want to rely on the method of doing the questions, even if you only do the previous questions, the probability of repetition is even higher, because you are never afraid of the word' repetition' in the bar exam! It is not only the repetition of questions, knowledge points, quotations from laws and regulations, but also the repetition of original questions, which has become commonplace in law exams. In addition, the sea tactics may indeed be suitable for exams such as the college entrance examination, but it is definitely not suitable for exams such as the law exam. There is a difference between the two. As a sociological knowledge, law is far from the general basic knowledge such as "language, numbers and foreign languages" in nature. For the same problem, there will be completely different viewpoints, conclusions and discussion methods under different positions, different theoretical schools and different thinking modes. If the tactics of questioning the sea can be successful, its premise is that the questioner of the exercise and the questioner of the test questions are completely consistent in the above aspects, which is a very suspicious place. When we study the answers to the previous questions, we will notice that even the questioners in different years in the law exam have big or small differences in the above aspects, let alone the questioners! Therefore, improper use of sea tactics will be interfered by other ideas and affect the clarity of candidates' thinking. Of course, this kind of interference can be avoided if the candidates have deep cultivation; But if you really have such cultivation, why use the tactics of asking the sea? "
However, the stall owner is not absolutely sure of his own opinion, so if a friend thinks it is quite profitable to use this method, please take time to give guidance.
23. Do you have to recite many concepts and legal texts for preparing for the exam?
Of course, it's best to recite! Take the legal provisions as an example. If we can recite some provisions such as the General Principles of Civil Law and the General Principles of Criminal Law, it will certainly be beneficial and not harmful. It is said that a blind man in Nanjing made an exception and obtained the qualification as a lawyer, which is related to his ability to recite 400 laws. But the stall owner tells you a little secret: although the stall owner has studied law for several years, taught law for several years, fought several lawsuits and took the law exam twice, there are only a handful of concepts he can recite. As for the original law, none of them can fully remember it. As long as you know, don't tell anyone about me!
24. I took the bar exam this year, and I really want to know my grades. How can I know?
If you are not in a hurry, you can wait for the result notice sent to you by the judicial department; If you are in a hurry, you can pay attention to news reports, check the score hotline, and enter the admission ticket number as required after dialing. We will post the hotline number on the website when we know it. Don't forget to report the good news!
25. I got the results of the bar exam. I didn't expect such a low grade. I think it is very likely that the person who revised the paper made a mistake. Is there any way to check?
There is a way. According to the provisions of the lawyer qualification examination method:
Article 31 Candidates who have doubts about their scores may submit a written application to the judicial administrative organ of the place of registration within 10 days after receiving the notice of test scores, but may not apply for consulting or re-evaluating the test papers.
26, stall owner, tell you a good news, I was admitted this year! But I also want to ask, how to apply for lawyer qualification?
You are in a hurry. You may get the score by phone. With regard to qualification declaration, the Measures for Lawyers' Qualification Examination clearly stipulates as follows:
Article 38 Candidates whose test scores have reached the admission mark shall, within 15 days from the date of receiving the written notice of the test results, go through the application procedures for lawyer qualification at the local judicial administrative organ and submit the certificate of no criminal record issued by the public security organ. Failing to go through the application formalities within the time limit without justifiable reasons shall be deemed as a waiver.
Candidates who fail to provide accurate mailing address and cannot be notified shall be notified by the municipal (prefecture) judicial administrative organ by way of announcement. If the applicant fails to apply for the qualification of lawyer within 20 days from the date of announcement, it shall be deemed as giving up.
27. I am an undergraduate who just graduated in 1998 (majoring in human resource management and having studied several laws), and now I work in Beijing. I would like to ask what preparations should be made for this year's bar exam and what should I do from now on? What are the specific steps?
These are some difficult questions for A Jia to answer. Please forgive the friends who wrote to ask questions. Even a famous doctor should look, smell, ask and be careful before he can make more reasonable suggestions, not to mention that A Jia is just a mediocre "doctor"! At present, our humble food stalls can only help themselves. Our thoughts and opinions are actually scattered in every corner of the food stall. It took several years for these things to be built as they are now, so that it is difficult for us to know their whereabouts. Generally speaking, we can only say that other friends who are worse than your friends have passed the test by their own efforts. As for how to work hard to be the most effective and save money, to be honest-God knows!
If this file really provides any secret, it is simple: fully understand the law and try to be familiar with the exam! There are two more words: repetition. Law exams are never afraid to repeat the word.
28. Some expectations and requirements for us ① I hope the teacher will help me pass this year's bar exam; ② I sincerely hope to have a quick and perfect study plan and complete study materials; (3) I hope the stall owner can give us more guidance on learning methods and ways of thinking; I really hope to get the guidance of teachers, improve my legal level quickly and obtain relevant basic information …
First of all, A Jia is very grateful to his friends for their trust and support. Everyone's hopes and demands are a spur to us. But one thing must be understood and understood: this file is only a completely self-help law exam review website so far.
We try our best to provide you with some materials and information and talk about our views on some problems in the law exam. Through the careful selection and dialysis of previous test questions, this paper expounds the views on how to understand legal issues, how to answer legal test questions, and the experience and skills of answering questions. We also exchange our experiences and lessons in law examinations at all levels by contacting friends who have taken or are preparing to take the law examinations. ...
Our data and information have no special source, just pay attention to it everywhere; Our views and opinions are also very common, just the common views of ordinary law teachers and ordinary candidates; Our experience and lessons can't be ordinary, just the common thoughts of the candidates in the general law exam ... Whether these ordinary things can help our friends depends on whether the people who receive help are qualified, their expectations for the law exam, their ability and opportunities to prepare for and take the exam, and their expectations for this service. It's all ordinary enough!
So this document may or may not meet the similar hopes and requirements of friends. We have finished the work, and we need friends to help us later.
29. Talking about the current situation of lawyers' practice Like many people, they are planning to switch to lawyers, but I don't know what the current situation of the lawyer industry is. Can practicing lawyers gain higher economic benefits and social status? How big is the gap between big cities and small towns? Please introduce the stall owner and experts to us and guide us who want to rush into the "besieged city"! Thank you very much
Compared with the particularly prosperous time three or five years ago, the lawyer industry has not been depressed in the last two years, but it is not the most depressed industry, so more and more people want to engage in the lawyer industry! I think the reason is that, relatively speaking, the lawyer industry is an industry that can theoretically control its own destiny.
Some lawyers do have high economic benefits, but their current social status is often linked to this. For example, in real estate advertisements, whether a person has property is linked to whether he is "noble"! But there are also many lawyers who just make ends meet. The competition is too strong! The poor are always poorer and the rich are always richer. Which line is not like this? It only happens occasionally that the poor get rich overnight, which is why so many people flock to it. Have you ever won the welfare lottery?
Generally speaking, there are more opportunities for lawyers in big cities, but on the other hand, the competition among lawyers in big cities is more intense. At present, lawyers in some big cities in China are saturated.
Being a lawyer in a small county, I'm afraid the relative ability is not too high, but the popularity is high. It is worth noting that although the same legal system is implemented in China, due to the huge differences in development level and legal awareness among cities, towns and villages, people often talk about the practical application of laws differently.
A Jia is not a master, but an ordinary citizen. Life is full of "besieged cities", and it seems that there is no fun without them. The most deadly barrier of this "besieged city" is the word "fame and fortune". If you don't understand this word, you will still look at the wall and sigh! What is the difference between inside and outside?