The 2002 law

A brief analysis of problems
1The form characteristics of the law.15Divided)
2To China current method, for example, the origin of the law.15Divided)
3Discussion on the function of legal awareness for legal practice.15Divided)
4How to understand the law of social control.35Divided)
Two, to discuss the problem
On the relationship between law and justice.35Divided)

 

In 2002
A, noun explanation (3 points for each question, 12 in total)
1 "laws are promulgated, thieves have"
2 "history of reading"
3 Corporation
4 continuous contract
Two, short answer questions (24 in total)
What are the main contents of the 1 Liang Qichao's legal thoughts? (7 points)
2 features of usufructuary right. (7 points)
3 summary of Aristotle's thought of rule of law. (10 points)
Three, essay questions (64 in total)
1 main characteristics of the Confucian legal thought and realistic meaning. (12 points)
2 test the concurrence of the liability for breach of contract and tort liability. (12 points)
3 reviewing western modern enlightenment thinkers of the concept of natural rights. (15 points)
The reform of 4 administrative approval system in our country and its reasons and according to. (25 points)

 

 In 2002 the introduction of Comparative Law (re examination)
1 states "their meaning of common law" and "Jus commune", the difference between them is compared. (15 points)
2 the status of Islamic law. (10 points)
3 of the continent the modern codification political, economic, cultural and philosophical background. (25 points)
The main findings of 4 on Anglo American "program center". (25 points)
The main characteristics of the 5 Comparison between Chinese and western legal tradition. (25 points)

 

The 2003 law
One, the problem

Characteristics of the 1 Law
The 2 law and the law
The 3 law system
The 4 elements of law
5 good and evil law
The 6 law is the means, justice is the goal.
Two, to discuss the problem
The 1 laws should be deep in human and urgent emotional response to real, justice should be governed for mercy; cannot say what morality and justice is not legal, which drives people to the legal breeds suspicion and contempt, on the contrary, should maintain the necessary relationship between law and morality, discipline in the law and discipline of reason and conscience; a set of legal system must show the morality and justice has a certain consistency, or must be rooted in obedience to it is a moral obligation of extensive value judgment of legal effect are tightly tied to the moral value. The appeal to reason and conscience, not only legal consistency and certainty, and Secularity and transcendence, but the law was unified. How to understand?
2 the so-called historical school of law of "history", what does that mean? It China 100 years of large-scale construction of modern rule of law transplantation of western law to this event, "historical" especially "Chinese history" can and should play what role?
The 3 law is a way of life.

 

In 2003

A simple answer
(a) to talk about Shang Yang "etiquette at times", "vertical law and rule" view of understanding. (15 points)
(two) the Duke of Zhou rite, morality and its historical position. (17 points)
(three) of the Jin Dynasty Du Yu said: "the law, cover the difference of fault cases, non inquire deeply book." This is how you understand? (18 points)
(four) the legal thought of Cicero. (15 points)
(five) review of Aquinas's classification of law. (17 points)
(six) the basis and basic content of Rock's "the theory of natural rights". (18 points)
Two, to discuss the problem
(seven) the basic content of modern China reformist legal thought. (25 points)
(eight) the legal principle theory of Fuller. (25 points)

 

The 2004 law
A, t (15 points for each question)
1 legal responsibility for the consequences.
2 public and private law of discrete presupposition theory is based on what, this division of the significance and limitations.
Two, discussed (30 points for each question)
The 1 law is based upon virtue, such as prohibiting theft which belongs to the moral evolution and come, please with the provisions in China Department morality of law on the law (something like that).
2 why do we need the legal interpretation, the significance and the limitation of legal interpretation.
Contribution to the 3 power balance theory and the system of the modern rule of law.
Three, legislation analysis
In October 1st this year, the formal implementation of the provisions of the new "Marriage Registration Ordinance": Premarital voluntary, both husband and wife must sign the declaration, registration of marriage don't unit proof, divorce registration on the spot management, the divorce registration not unit proof, also do not need to prove subdistrict offices.
1 if the provisions conflict with other provisions of the law, should be how to deal with? (10 points)
2 the provisions embodied what legal value? (10 points)
3 the provisions of the pros and cons? (10 points)

 

2004 introduction of Comparative Law
A, the
1, the comparison function
2, the meaning and the difference between "jus civile" and "Jus gentium"
3, the British common law from the historical development angle, analysis the common law in the formation of the concept of "procedural justice"
4, the Historical School of law in Germany civil code compilation process
Two, detailed answer
1, our people's jury system and the common law jury system
2, Eleventh Century -- sixteenth Century Rome law of European Renaissance and social background
3, some courts in China called: Anglo American case law system, implement "the precedent system in the trial". Please evaluate this approach

 

In 2005 the jurisprudence

A simple (45')
1 examples of law contribution to legal development (15')
2 combined with the Department of law, to talk about the legal principles for the meaning of the legal rules (15')
3 good and evil law how to identify? (15')
Part two (50')
Establish the legal authority of 1 has an effect on the observance of the law, law-abiding motivation is complex, the test (25')
2 test the customary law of the unity of the legal system and legal multiple perspective (25')
Three analysis (55')

1Legislators should be like a natural scientist, to find the rule of law, be conscious of the regularity of the spiritual relation reflected in the legislation. If legislators to conjecture to endure the law, would be considered extremely headstrong, but if a private with imagination and endure it, lawmakers have right to think he is extremely headstrong.

2 Ma and Zhao is husband and wife. One day a horse in the newspaper, see the newspaper said some two couples who how to love, the divorce division of property or noisy. I love make fun of Ma Mou of Zhao said: "if we divorce property division two, I don't, give you all. "Zhao is peeling the apple, then make fun of with fruit knife to Ma said:" Words alone are no proof., you dare to write it down. "So Zhao Mouli a receipt, and the division of property in divorce will be common property to zhao. Later, two people feeling gradually deteriorated, two people appeal to the court for a divorce division of property. Two people agree to divorce, but in the division of property issues, Zhao had run a written at the time made all the writing requirements of common property. A horse that was Zhao take fruit knife * he wrote, to claim its due part of the property. The judge found no evidence of forest, note than for Ma real meaning, so the judge Ma Lin Zhao and divorce, Zhao made all the common property.
Try to answer:
(1) the decision of the judge is legal? (5')
(2) the decision of the judge is justified? (10')
(3) what is the legal thinking Lin judge approach? Appropriate? (10')
(4) combining with the case, please talk about the understanding of rule of law (10')

 

In 2005 the introduction of Comparative Law

A, noun explanation

1, Wan Minfa

2, the Great Charter

3, Ratio decidendi

4, Pandectist school

5, plea bargaining

6, the judicial committee of the Privy Council

Two, the

The 1, in Eleventh Century with some notes of European legal development law.

The historical development and the role of 2, the British equity law.

3, USA, Germany, France, the constitutional review system.

4, "China should be more active to inherit the human excellent cultural heritage and actively learn from the advanced experience of foreign countries. In the field of law, we should boldly the transplantation of foreign law." According to the situation of China, the above statement analysis.

 

The 2006 law

A short answer questions

What are the similarities and differences between the 1 Law and order?

2 "restrain by law" in the "rope" is what meaning? What is the meaning of this sentence?

The 3 one said, "the life of law is the experience rather than logic", explain this sentence meaning.

The two essay questions

4 explain multiple features and foundation of contemporary China legal system from the perspective of jurisprudence.

5 modern law rights, selection, communication, and the importance of rules and procedures. Try to choose the right,, communication, rules and procedures for the keyword, to write a short essay. (no less than 800 words)

The three case study

  With the spread of infectious diseases seriously affected people, the State Council promulgated the restriction of personal freedom of the ordinance.

Whether to restrict personal freedom of 1 the State Council promulgated the regulations have legitimacy?

2 how to coordinate the conflict between personal freedom and social welfare?

The 3 one said, "freedom is within the scope of the law." What is this sentence rationality and limitations?

  

2006 jurisprudence retest questions

1, on Aristotle's concept of the rule of law. (20 points)

With the loss of 2, on the empirical law. (30 points)

3, the Confucian legal thought. (25 points)

4, awarded the courtesy law battle. (25 points)

  

In 2006 the introduction of comparative law examination

A, noun explanation:

1, digesta 2, the bill of rights 3, the distinguishing technique 

4, mischief rule 5, the assessor system 6, the German Historical School of law

Two, question and answer

Reason 1, Medieval Renaissance Europe Rome law.

2, why the program law prior to the substantive law of Britain, and what kind of impact on British law.

3, our county court announced a bold introduction, establish case system, comment on this.

How to set up 4, USA unconstitutional censorship, and civil law unconstitutional differ, what is the different reasons.

  

2007 professional re written questions of Jurisprudence

1 please talk about the understanding of the law and the legal concept of two.

2 please talk about jurisprudence subject value and evaluation on the development status Chinese jurisprudence.

3, the relationship between law and freedom.