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Problems in study.

Don't delve into a problem alone, but step by step, first lay the foundation from face to face, then find a breakthrough from face to face, study it in depth little by little, and finally integrate the in-depth understanding from point to face into a whole.

The world is universally connected, and so are knowledge points. Connecting the knowledge points into a network will not miss the main points in the exam and the discussion will be comprehensive and thoughtful. It is best to review to such an extent that you can string together the main contents of the book with a clue. For example, taking the civil legal relationship as a clue, we can string together the civil law.

It is much easier to catch fish and shrimp in shallow water and dragons in deep water.

Examination mentality: the root cause

Some people say; Attitude is everything. I agree with you very much. I think this also applies to exams.

However, I am opposed to simplifying the mentality and think it is very easy to establish a correct mentality. Some people recommend many psychotherapy, such as "spiritual victory method". I think this is a temporary solution, not a permanent cure, and the effect is limited. The root of solving the problem lies in digging the root of mental problems. I think there are two fundamental reasons: first, I am worried about the exam results. Some people take exam results seriously, even life and death, thinking that they can't live without exams. In this way, their psychological burden is heavy, which will only increase their troubles. Second, worry about the exam itself. What investigation basis, investigation ability, combination of theory and practice, etc. It is so profound that candidates don't know what to take and how to take it. The fierce competition is really scary.

The first kind of worry is actually completely unnecessary. I attribute it to "stupidity". I can't tell fortune and I'm too lazy to recommend a panacea. I suggest that once this idea comes up, I immediately remind myself: am I stupid?

The second worry, I put it down to "ignorance". Ignorance is normal, and this kind of worry can only be solved through study. Know yourself and know yourself, and you will win every battle. If you want to succeed in the exam, you must study it. It's a pity that many candidates only know how to bury their heads in reading, but they don't study hard for exams, but they are superstitious about the nonsense of remedial classes and books.

An exam is an exam, and it has its own rules. Examination cannot be equated with study, ability, etc. Since we have to face the exam, we should study hard. We can't regard the research examination as "opportunistic" and think it is disgraceful to win by it.

I have taken classes in the first-class law schools in China, attended postgraduate remedial classes and bought reference books for postgraduate entrance examination. My feeling is "so much". My greatest achievement is not the secret of the exam, but my ability to treat the exam calmly and study it objectively. Once you settle your mind and face the exam calmly, the exam will no longer be painful. I hope this article can help readers achieve this goal.

Scope of review: correct handling

The first problem encountered in the postgraduate entrance examination is the scope of review. Some schools don't specify textbooks or publish exam questions over the years, but it is very important to know the scope of review. There seems to be no such problem in the LLM entrance examination. The propositional scope and basis of the joint entrance examination subjects are two books: the Outline of the Joint Entrance Examination for Master of Laws organized by the National Master of Laws Education Steering Committee (referred to as the Outline) and the Guide of the Joint Entrance Examination for Master of Laws organized by the College Students Department of the Ministry of Education, the the State Council Academic Degrees Committee Office and the Law Education Department of the Ministry of Justice (referred to as the Guide). In addition, the topics of the joint entrance examination over the years are also open.

Delineating the examination scope has advantages and disadvantages. The advantage is that it binds the questioner's hands and feet, makes the content and form of the exam uniform and even mechanized, but reduces the burden on the candidates. The disadvantage is that students are too stingy to go beyond the scope of the exam, thinking that it is enough to remember the knowledge points of the specified textbook, and they are unwilling to waste energy to master the internal knowledge system of the textbook. In this way, if you encounter a slightly unfamiliar problem, you will doubt the "super-class", and if you are a little flexible, you will not adapt. The correct attitude is: the designated teaching materials, regardless of thickness, should be thoroughly mastered.

Some candidates are worried that the exam will be more difficult, and if they only look at the designated bibliography, they will not get ideal results. I think the content of the textbook is very basic and comprehensive, and the answers to the exam are all in it. If you master it skillfully, you can't fail to get the ideal result. Before the book is familiar, it will be poor to study any difficult, hot and difficult cases, do simulation questions and attend remedial classes. Of course, doing these things after laying a good foundation will have different effects.

Another problem is that the content of the exam may change every year. There are two ways to deal with it: one is to mobilize all resources and collect inside information. However, I think it is inappropriate for most people to spend too much time and energy in this area, otherwise the loss will outweigh the gain. Second, change with the same. As you can confirm, the content of the exam hasn't changed much over the years. Candidates can prepare for the entrance examination of that year according to last year's outline and guide, and lay a good foundation. After the new syllabus and guidelines come out, they can learn the adjusted parts and fill them into the existing knowledge framework without any effort.

Review depth: illusion

Because the Master of Laws only allows non-law majors to apply for the exam, but the exam is a legal professional course, so it is impossible to get a very difficult exam. Although law is extensive and profound, the LLM entrance examination can only cover the tip of the iceberg. Basically, a guide can be used to take the three professional courses of the joint entrance examination for master of law, but law graduate students generally have to read several times more books. The gap between difficulty and ease can be seen.

On the question of the depth of review for postgraduate entrance examination, my feeling is that there is "no depth" plus "false depth". "No depth" refers to the topic selection, filling in the blanks, judging right and wrong, noun explanation, short answer and other questions. Officially, it is to investigate the basic knowledge. In fact, there are ready-made answers in the book, so just recite the teaching materials. As for how to recite, everyone shows their magical powers. "False depth" refers to essay questions. The official statement is based on the ability to test, and there is no completely ready-made answer, which quite scares some candidates. In fact, limited by the examination method and time, I can write about 2,000 words on a topic at most, so I can't give full play to it. The main framework of the answer is in the book. On this basis, as long as you read more academic papers and decorate the textbooks with some new ideas or materials to attract the examiner's "eye", you can get higher scores.

If you learn step by step according to the recommended stages below, it is not a problem to master the depth of learning. At the beginning, it is impossible to ask for an in-depth grasp of a certain knowledge point. For example, in a remedial class, the teacher requires "understanding", "understanding" and "comprehensive grasp" of a certain problem, which is of little significance to students who are not familiar with books. After the review, all the knowledge systems will be clear at a glance, and the key points will naturally stand out.

Review stage: three steps

My first impression of law is that there are many concepts, and the theory is difficult and abstract, which makes people feel that they can't start. I turned it over two or three times, but I didn't know what to say. Fortunately, my outstanding political achievements began with reciting slogans and quotations, which inspired me, so I extracted key sentences from textbooks and memorized them by rote. After mastering the memory, deepen and expand it. I can use the test questions mechanically. I feel excited and sad!

My experience is: don't delve into a problem alone, but step by step, first lay the foundation from surface to point, then find a breakthrough from surface to point, do a little in-depth research, and finally integrate the in-depth understanding from point to surface into a whole. Specifically, the review can be divided into three stages:

In the first stage, you don't ask for answers, you "memorize". This stage belongs to the basic stage, and its main task is to memorize the basic knowledge. But the ability to understand is limited, and it is best to understand. If you can't understand, don't force it. Rote learning may be more efficient. Pick up a book and read it in general. You don't need to understand much, as long as you can have a vague superficial impression and a framework understanding of the general content of the book, sort out the main points and read it repeatedly until you can recite it.

People who often ask questions will mostly ask two unnecessary questions: one is because they are unfamiliar with the book, but there are ready-made answers in it; On the other hand, because you are not familiar with the exam, the question is profound and avant-garde, which is of great research value, but it is unlikely to appear in the exam. Lay a good foundation first, don't aim too high.

The second stage is the mechanical replication stage. Expand and deepen the key points of rote learning. After all, rote learning is limited, and it is impossible to recite a book word for word. To expand the main points, just use your head a little. For example, it is remembered that "it is justifiable defense to stop unlawful infringement in order to protect the state, public interests or other people's personal, property and other rights from ongoing unlawful infringement and cause damage to the unlawful infringer", and the constituent elements of justifiable defense are all among them. After 1234, it is listed as "against ……", "in progress", "illegal infringement" and "obvious".

The third stage is the comprehensive stage, which connects the knowledge points of the previous stage to form a comprehensive system, highlighting key points and strengthening key points.

The world is universally connected, and so are knowledge points. Connecting the knowledge points into a network will not miss the main points in the exam and the discussion will be comprehensive and thoughtful. It is best to review to such an extent that you can string together the main contents of the book with a clue. For example, taking the civil legal relationship as a clue, we can string together the civil law.

The theoretical focus should be studied in depth, and we should not stick to the requirements of teaching materials. The deeper you understand, the more calm you will face the problem.

Some people may think that this stage is unnecessary for the exam. Actually, it is not. It is much easier to catch fish and shrimp in shallow water and dragons in deep water. If you forget a knowledge point in the examination room, maybe you can sort it out by sorting out the knowledge network. Criminal law and civil law account for more points and have higher theoretical requirements. Only high-level candidates can play real kung fu. You can look at the more authoritative undergraduate law textbooks; If you are not satisfied with the textbook, look at the professional writings of famous jurists, "There is poetry in your stomach", and if you say it, you will naturally improve your score.

Review points: on your own

What is the focus of the exam? I was awakened when I went to a political lecture given by a gambling expert. The "betting expert" bet several times and the audience was dissatisfied. It's impossible to take so many exams. "betting expert" said: I bet on the key points. I won't take the exam this year, and I won't take the exam next year ... I will take the exam after all!

So, don't be superstitious about what one family says. We should understand the following two points: First, the theoretical core is the key point. Law is theoretical and systematic, and exams are inevitable. Criminal law cannot but examine the constitution of crime, civil law cannot but examine civil legal relations, and the Constitution cannot but examine state institutions and civil rights. Second, the logic of the exam. The combination of examination theory and practice is the hot spot of examination theory and practice. Therefore, candidates should pay attention to all authoritative channels and don't ignore gossip. The ways to find the key points are: first, the types of test questions, such as the master of law test questions over the years, the master of law test questions, the self-taught test questions, and the judicial test questions. Simulation questions are generally shoddy, don't believe it. Second, a newspaper and a legal daily will do. Third, magazines. First look at the the Supreme People's Court Communiqué and the the Supreme People's Procuratorate Communiqué, which may be useful for the case. Secondly, read more authoritative academic journals, such as China Law, Legal Research and Chinese and Foreign Law, to understand some academic frontier issues, which is beneficial to the paper.

The following is my personal opinion, for reference only.

Criminal law. The theoretical core of criminal law is crime (behavior) theory, and the focus of crime theory is crime constitution theory, which runs through almost the whole criminal law system. Many other contents are only the specific application, modification or supplement of crime constitution, such as crime form, joint crime, self-defense and emergency avoidance. Talk to them about the special problems of some elements of crime. Problems that become difficult in the exam, such as distinguishing crime preparation, crime suspension and attempted crime, can be solved by searching for their objective elements (behavior) or subjective elements (willingness). The whole part of criminal law is just the development of a crime constitution in a specific crime: but some of them are based on the understanding of the general provisions of specific crimes, and general crimes can be solved by the above theories; It is not difficult to remember some special rules a little. Therefore, to learn the constitution of a crime is to learn the criminal law and be willing to work hard in this part. When I was studying criminal law, I spent more than half my energy on the composition of a crime. I read it several times, then copied down the main points and memorized them. There are not many theories about punishment, only the main points.

The specific provisions of criminal law mainly target at several types of crimes, namely "joint crime and several crimes". Crimes of endangering national security, endangering national defense interests and violating military duties can be almost ignored, because the probability of giving a question is small and the score is low, and the possibility of giving a big question is almost zero. For other crimes, the focus is on property crimes (crimes against property, crimes against the order of socialist market economy) and duty crimes (crimes of corruption, bribery and dereliction of duty). Among them, special attention should be paid to distinguishing similar crimes.

Civil law. The research of civil law should take the civil legal relationship as the clue, and the whole civil law is mostly the concrete development of various elements of civil legal relationship. Legal norms are the premise of the establishment of civil legal acts, and legal facts, especially the key to the establishment of civil legal acts. The core of legal act is the expression of will, and the concept of autonomy of will is contained in civil law, and the establishment and effectiveness of legal act are mostly related to this. If the behavior is invalid due to fraud or coercion, it is because the expression of will is untrue. No matter review or examination, as long as we grasp this clue and clarify the position of each knowledge point in civil legal behavior, many problems will become simple and clear. For example, the topic of case analysis seems very complicated. In fact, as long as we understand the civil legal act, the answer will come out.

Law. First of all, we should pay attention to basic concepts, such as legal norms, legal departments and legal systems. Secondly, we should pay attention to hot issues, such as governing the country according to law, the relationship between law and economy, and the relationship between policy and morality. However, there is no need to pay too much attention to controversial issues, unless the general secretary has a special discussion or written into the report of the 16 th National Congress. For example, the independence of the judiciary, the nature of judicial power, as long as you remember that "justice is judgment", the author's long speech on the ten characteristics of the judiciary is just a family statement, so don't pay attention to it.

Constitution. The emphasis is on the basic theory of constitution, state institutions and basic rights. Basic theories and rights mainly focus on concepts and constitutional provisions. National institutions mainly test the provisions, and it is best to be familiar with the constitutional provisions. The essay questions in the constitutional examination are unlikely to be given, because major legal issues are often constitutional and jurisprudence issues at the same time, and it is impossible to repeat the examination on a test paper. The hot spot of the constitution, because the problem of extorting confessions by torture and personal injury compensation is serious, we should pay attention to personal freedom; Because of constitutional litigation, we should pay attention to constitutional supervision, especially the introduction of foreign systems; Because the general election of the National People's Congress is just around the corner, we should pay attention to the electoral system.

History of Chinese legal system. For thousands of years, there are too many contents in the Chinese legal system and there is no theoretical system, so it seems difficult to review it. In fact, after understanding the purpose of studying the history of Chinese legal system, the key points are highlighted. The purpose of learning is twofold: first, to understand the glory of China's legal system, to establish national pride and confidence in a country ruled by law, and to pay attention to the achievements in the history of China's legal system, such as the Tang Law, the "five hearings", the joint hearing of three courts, the Ma Xiwu trial and other judicial methods; Another purpose is to criticize the dross of history and eliminate the legacy of feudalism, such as "seven fruits", convincing and stereotyped writing. There is no need to waste energy on general terms.

Finally, a word of advice, success in the exam is only half the battle, and the other half lies in registration. Nowadays, more and more people apply for master of law, and the competition is becoming more and more fierce. It is not surprising that they can't get high marks in the exam: if they apply for a prestigious school, they should make the best preparations. In addition, although they are all called Master of Laws, different schools have different positioning and training methods for Master of Laws, and their future is uncertain.