April 2006-1218:11self-taught 365 students should correct their mistakes.
The exam in April 2006 is coming. Self-study 365 website, in conjunction with Sina Education and China Education, invited Zhang Long, a famous teacher of self-study 365 online school, to be a guest chat room of Sina in the lecture hall on April1Kloc-0/2006. Combined with the specific situation of the 2006 exam, we will
Teacher Zhang Long will give detailed guidance to netizens in terms of examination skills and review key points in combination with some problems and subject characteristics in previous years' examinations.
Zhang Long, a teacher of the Law School of Beijing Technology and Business University, is a master and doctor of law in Jilin University, and studied under the famous jurists Professor Zhang Wenxian and Professor Shi Shaoxia.
In the national key research project "Research and Demonstration of Rights", two topics "Research on Rights and the Development of Environmental Law in China" and "Political Basis of Rights" were independently completed. He has participated in the compilation of a series of legal library materials of the World Bank's legal aid project "Legislation" and published dozens of academic papers.
Since 1999, he has taught jurisprudence, constitutional law, introduction to law and other courses with rich teaching experience.
Zhang Long's capable and knowledgeable teaching style, coupled with solid academic foundation, won the candidates' love.
Courses taught:
Tutoring "Introduction to Law" in Self-taught Examination
Click to view the simulation questions of legal introduction.
Zhang Long: Hello, everyone!
Moderator: Please ask Mr. Zhang to talk about the simulation of an introduction to law first. Netizens can ask questions at any time.
Zhang Long: This set of simulation questions is a targeted prediction of this year's exam questions on the basis of combining the real questions over the years.
Firstly, analyze several typical problems in the simulation questions, find out the ideas of the problems, and also tell the students the skills of answering questions.
First, multiple choice questions. In recent years, there are 30 multiple-choice questions in the introduction to law exam, with a score of ***30. These 30 questions are basically related to the introduction and the contents of chapter 14. Multiple choice questions have no absolute focus. In other words, no place can be abandoned directly.
First of all, let's talk about the second question of multiple choice questions: which of the following societies does customary law exist? Four options: A primitive society, B slave society, C feudal society and D capitalist society.
I'm afraid it is impossible to find the answer directly when reading a book. It is a question to test everyone's understanding ability. At the end of primitive society, law and private ownership, class generation and state were born simultaneously.
In other words, there is a knowledge point here: there is no law in primitive society, and this law is a written law in the sense of class.
Similarly, there was no written law or customary law in primitive society.
Through this analysis, we know that the correct option is A. Customary law exists in the other three social types.
Question 6: A has the ability to commit a crime, but A has no intention or negligence subjectively. Then: A should not bear criminal responsibility for his actions, B should bear criminal responsibility, C should bear criminal responsibility but can reduce the punishment, D should bear criminal responsibility but should be lighter or mitigated.
This is a problem related to the constitution of a crime, which should be comprehensively analyzed from several factors such as the subject of the crime, the subjective aspect of the crime, the object of the crime and the objective aspect of the crime.
Subjectively, the intention and negligence of crime are the basic premise of crime.
When this knowledge point is clear, this option is easier to choose.
The correct option is a, and at the same time remind everyone to pay attention to a problem. Options C and D have little interference with this issue, but in other similar options, we need to pay attention to distinguish this part of the criminal law from the lighter part.
Let's look at the broadcast problem 10: which country did the first written constitution in the world come from, a Britain, b America, c France and d Germany?
You can find the answer directly when reading a book.
There are two knowledge points about the Constitution. As far as its historical origin is concerned, the origin of the constitution in the world is Britain, but Britain has an unwritten constitutional system. The first written constitution in the world came from the American Constitution of 1787.
So after knowing these two knowledge points, you can choose the correct item B.
This question reminds everyone that we must pay more attention to the words clearly stated in the textbook, such as the first part, the earliest. It is very easy to do multiple-choice questions in a place like this.
Single-choice question 14: what time limit should a civil case tried by a people's court by summary procedure be concluded within 2 months, B3 1 month, C4 1 month and D6 1 month from the date of filing? This question is relatively simple, and it is directly related to the time limit for the examination of the law.
Criminal procedure law, civil procedure law, administrative procedure law, criminal law and civil law are all prone to time-related problems, especially in the procedure law.
This question reminds everyone to pay attention to some basic knowledge about time. For example, cases of first instance in civil litigation should be concluded within six months if ordinary procedures are applied, within three months if summary procedures are applied, and within three months if first instance is applied. At the same time, we should know that the summary procedure can only be applied to the first instance.
The correct choice in this question is B.
Question 20: A man broke into the house and was rummaging through the closet when he suddenly heard the footsteps of the victim coming home, so he ran away from the window.
What is A's behavior? A crime preparation, B crime suspension, C crime attempted, D crime accomplished.
This topic investigates the basic problems about the time limit of crime.
To analyze which crime stage A's behavior belongs to.
Crime preparation is in the stage of creating conditions for crime, and has not yet entered a formal crime. Obviously, someone has burglary, and option A excludes it.
Option B: Stop the crime means that the offender voluntarily stops the crime out of his own subjective will, and the related attempted crime cannot be continued or the expected criminal result does not appear due to reasons other than the offender's will, and the crime is completed when all the elements of the crime have been reached.
From the above analysis, we will know that someone entered the room and waited for the victim's footsteps to escape from the window. He certainly didn't give up this kind of behavior subjectively. He was afraid of being caught by the owner, so he ruled out option B.
If you re-analyze options c and d, it should be an attempted crime, and choose C.
Question 26: According to the law of China, what does the content of judicial assistance not include? A assists in serving litigation documents, B assists in executing the judgment or ruling made by the opposing court, C assists in investigation and evidence collection, and D assists in executing the ruling of the arbitration institution.
This place is related to international law and justice.
Note that the contents of the letter of mutual legal assistance clearly list three items, which are listed in options A, B and C respectively. The arbitration award in option D is not the content of mutual legal assistance.
Let's talk about multiple-choice questions.
In recent years, the multiple-choice exams are basically five small questions, each with 2 points *** 10, which covers a wide range and is one question of the Law Popularization Committee.
Let's look at the simulation question 32. What's the difference between moral norms and legal norms? This is to test the difference between law and morality, which belongs to jurisprudence. Moral norms are different from legal norms. A moral norms have no fixed form, B moral norms have no binding force, C moral norms have multiple systems, D moral norms exist in any social form, and E moral norms have no class.
A option analysis, the difference between morality and law, legal norms are codes of conduct formulated by state organs in accordance with laws and procedures, with clear forms, and moral norms mainly exist in the form of moral proverbs and moral concepts, so there is no special fixed form of moral norms.
Option a is elected.
The moral code of option b is not binding. Many students chose this option, which is actually based on perceptual errors. Undeniably, compared with the national coercive power of legal norms, the coercive power of moral norms is relatively weak. It is by no means that moral norms are not binding, and their binding force is not backed by national coercive force, mainly relying on public opinion and people's inner moral consciousness. Therefore, it can be said that this binding force is soft, but the statement of option B is too absolute, and it is wrong to judge that the moral code is not binding.
The ethical system of C-option is pluralistic.
Some students think that the moral standard system is pluralistic, so is the legal system pluralistic? In fact, the diversity of the moral standard system refers to a universal mode of consciousness and behavior in society, because morality is not a code of conduct formulated by a specific organ, but also formed by habit. Therefore, the moral system often varies from time to time and from group to group. Just like that sentence, every 1000 people have 1000 hamlets, and the moral system is diversified. On the contrary, the legal system is unitary. It is a mandatory code of conduct formulated by state organs and must be
So I chose option C.
D option ethics exists in any social form. Students will feel that ethics exists in any social form when they see this option. This judgment is correct, but does the law also exist in any social form?
As we all know, human society has experienced six social and historical types: primitive society, slave society, feudal society, capitalist society and socialist society, and capitalist society is the ideal social type in the future.
Among the five historical types experienced, primitive society is a country and law without class consciousness, so primitive society has moral norms but no legal norms.
Therefore, there are moral norms in any social form, but there is no legal society in primitive society, and other social types that have been experienced since then exist, so option D is correct.
There is no class in the moral code of electronic options. As we all know, moral norms, like laws, are superstructures determined by the economic base, which inevitably embodies the will and interests of the ruling class and has a class nature.
E option says that the judgment that moral norms do not have class nature is wrong in itself and cannot constitute the difference between moral norms and legal norms.
This option is wrong, so this question is right.
Select question 34. What is the origin of international law? A. General legal principles of the national legal system, judicial precedents of the International Court of Justice, authoritative theories of international law, international treaties and international customs.
In this question, the first reaction when you see five options is that you should choose D and E, because this place in the book is clearly written.
The most common mistake everyone makes is to ignore the general legal principles of option A in the legal systems of various countries. Option A in the book is written after option D and option E, and also refers to the general legal principles of various legal systems. This reminds us not to leave dead ends when reading, especially when there are some supplements and turning points in the book.
Options b and c are not political sources of international law, but non-political sources of international law, so the real options of this question are a, d and e.
Let's talk about the third part of noun explanation.
In recent years, the exam is usually 5 small questions each time, with 3 points for each question *** 15.
We made a statistic of noun explanation. From April, 2002 to July, 2005, the introduction of this book added 14 chapter to the problem of noun interpretation in six exams, among which the fifth chapter was the most frequently tested in noun interpretation, and four subjects were tested in administrative law.
This foreign trade law has also been tested four times.
That is to say, the two parts of administrative law and commercial law have given four noun explanation questions in six exams in the last four years.
There are three definitions of terms in Chapter VI of Civil Law and Chapter VIII of Economic Law.
There have been two interpretations of nouns, namely, Chapter II of the Socialist Law of China, Chapter III of the Socialist Legal System of China, Chapter IV of the Constitution, Chapter X of the Criminal Procedure Law, Chapter XII of the Administrative Procedure Law and Chapter XIII of International Justice. Most chapters are about two interpretations of nouns.
The first chapter and the ninth chapter have only been published once each, and the Civil Procedure Law has failed in the exam in recent years.
If we must distinguish between key points and non-key points, we can focus on chapters 5, 6, 7 and 8.
First, explain the 37 questions in terms of simulation questions.
In fact, the right of appeal is a kind of right for citizens to complain to the relevant state organs about the wrong or illegal rulings, judgments and decisions of administrative organs or judicial organs, or to ask for correction or cancellation of rulings, judgments or compensation for losses because of the violation of laws and dereliction of duty of state staff.
A noun explanation question like this, you will find that it contains a lot of content and is difficult to remember. The noun explanation questions we can see, like this type, are basically the most difficult to test.
As for treaties, partnerships, legislation and other concepts. They are relatively simple and answer less.
Remind everyone to pay attention to the explanation of nouns. What everyone should pay attention to is the most basic concepts, especially the first-and second-level titles.
Let's talk about short answers. In recent years, we have tested three questions in every exam, each with 5 points, *** 15 points.
We made a summary. In the short answer part, in the six exams from April 2002 to July 2005, the situation of short answer questions in each chapter is roughly as follows: Chapter 10 has the largest number of questions, with 4 questions, including civil procedure law, civil law and constitution; In addition, Chapter VII Commercial Law, Chapter V Administrative Law and Chapter I General Law were tested twice. Chapter IX Criminal Law Chapter II China's Socialist Law 1 times, and there are no short answers to other chapters.
From this, we will find that the focus of this part of the short answer questions is on procedural law, especially criminal and civil litigation, that is, chapters 10 and 11.
At the same time, everyone should pay attention to Chapter IV Constitution and Chapter VI Civil Law.
In addition, we should also pay necessary attention to Chapter V Administrative Law, Chapter VII Commercial Law, Chapter II Socialist Law of China and Chapter IX Criminal Law.
Of course, we don't mean that other chapters that haven't been tested in the last four years don't need to be read at all, but when the exam is only 10 days away, we must make a choice and focus on it.
Short answer Let's look at 43 questions in the simulation.
The people's court may decide which civil cases to execute first according to the application of the parties.
This question is about civil law, and the answer to this question is three points: the first point is the case of recovering alimony, alimony, alimony, pension and medical expenses, the second point is the case of recovering labor remuneration, and the third point is the case that needs to be executed first because of emergency.
The third category is actually supplementary terms.
You will find that the simulation questions of short answer questions are clearer and the types of questions are more important.
Let's talk about the essay questions in the fifth part first. In recent years, the composition questions are basically 1 questions every year, with a score of *** 14.
Question 44 of our simulation topic discusses the main content of China's regional ethnic autonomy system, which belongs to the constitutional part of Chapter 4. Summarizing the discussion questions over the years, we will find that in the past four years, we have taken three legal questions and three constitutional questions in six exams. The legal questions in July 2004 and April 2005 examined the same question, namely the relationship between socialist democracy and socialist legal system. Therefore, when reading the discussion questions, we can mainly focus on jurisprudence.
This question is for you, the main content of regional ethnic autonomy in China, and you will find that its standard answer is relatively clear, with six points.
Pay attention to these six points when answering questions. The difference between essay questions and short answer questions is that essay questions generally have more points than short answer questions.
Short answer questions are common from three to five, especially around four.
Generally speaking, essay questions should be answered at least at four o'clock, ranging from four to seven or eight. At the same time, when answering essay questions, try to attach basic explanations after answering the main points, so that you can get scores.
According to the essentials we just talked about, you will find that when looking for essay questions in the legal part, that is, the first three chapters and the constitution part, you can do some analysis yourself to see where the statement in the book is clearer and it is easier to write essay questions, so that you can do some statistics yourself, and basically the scope of the exam will not jump out.
Finally, tell a case.
The case analysis consists of 2 questions each year, with 8 points for each question *** 16.
A civil law, a criminal law.
Of course, in the July 2004 exam, there was only one civil law case, and there was no criminal law case. This is a special case, most of which are civil law and criminal law.
Many students feel very headache about this case, because as non-law majors, it is very difficult to learn the course of Introduction to Law. In a 528-page paper, the course "Introduction to Law" covers all parts of legal basic knowledge, legal basic theory and legal theory, especially the contents of various legal theories, that is, the contents of departmental law, involving a wide range and many assessment points. When a case is presented, students often feel that they don't know where to start.
We also made statistics. In the case of six exams in recent four years, the criminal law part mainly focuses on the suspension stage of intentional crime, including crime preparation, crime suspension, attempted crime and accomplished crime.
In addition to theft and other related crimes, it also focuses on the crime of * * *, including the age of criminal responsibility.
The review of civil cases mainly focuses on the establishment and effectiveness of contracts, inheritance, civil capacity, marriage and divorce.
You will find that the assessment cases mainly focus on some basic theories of civil law and criminal law and the most common cases closely related to life.
Therefore, when you review the case part, you can conduct targeted training on the two chapters of civil law and criminal law.
That is to say, you can find the real questions in previous years for detailed analysis, and you can also find some exercises, including simulation questions for targeted training. We don't need to dig out cases very carefully and memorize every specific provision of civil law and criminal law, but we need to understand some of its most basic concepts and principles, especially some cases closely related to daily life, so as to cope with the exam.
Let's look at the sixth part of the case analysis question, question 46: A company has two sons, the eldest son 13 years old and the youngest son 1 1 year old.
One night, he took his two sons to the second family to steal finance.
He entered the house to steal, the younger son stood guard outside the door, and the older son delivered the goods, resulting in a large number of property being stolen.
Does the behavior of these three people constitute theft?
First of all, everyone should know where the focus of this problem is.
The first is the problem of theft, the second is the age of criminal responsibility and the third is the problem of * * *.
This case involves three basic criminal law issues. We can use common sense to judge theft, and the behavior of these three people is theft, which objectively conforms to the characteristics of theft.
As for the age of criminal responsibility, two sons of a company, 1 1 and 13, have not reached the age of criminal responsibility, so they can't be the subject of crime and need not bear criminal responsibility.
In addition, on the issue of * * * offenders, it is noted that * * * offenders include general * * offenders and special * * * offenders. In this case, a man manipulated his two sons to steal, actually using them as criminal tools. At the same time, because neither of a man's two sons has reached the age of criminal responsibility and does not meet the basic requirements of the criminal subject, the actions of the three men are not established.