2010年司法考试《行政法》备考攻略 由易到难（2010 judicial examination, administrative law pro forma raiders from easy to difficult）

2010年司法考试《行政法》备考攻略 由易到难（2010 judicial examination, administrative law pro forma raiders from easy to difficult） 2010年司法考试《行政法》备考攻略 由易到难(2010 judicial examination, administrative law pro forma raiders from easy to difficult) In 2010 the judicial examination of "administrative law" for the raiders from easy to difficult The pro forma process of administrative law: from easy to difficult, from difficult to easy When the candidates in the review of the administrative law, often feel started learning materials, the most difficult to understand the concept of law and memory, not in the judicial test, need to remember is not a lot of time. However, once in the Zhenti drills, is basically not score. Along with the deepening process of review of administrative law, for fear it. The main reason is the following: First, administrative law and judicial examination teaching in difference With our law teaching model focuses on the theory, but the judicial examination of the purpose is to investigate the practice theory. Especially in administrative law questions, subject to participate in national legislation, and directly dealt with administrative disputes, so the questions of complex cases appear is not surprising. The judicial administrative law characteristics can be summarized as follows: 1, extensive contents, both the basic theory has 2 departments; and pay attention to practice, the topic is flexible; 3, reflects the administrative thinking. Second, regular administrative law legislation, change, waste. Administrative law is often in the process, which is regularly updated by the State Administration of content determination, especially into the judicial examination syllabus revision, also represents the concepts of legislation and law enforcement update. The candidates in the time to do, often can not adapt to these changes, and the focus lies in this exam. Review third, no good ideas out of the administrative law Although the judicial examination is a general study of the law of each department law, but does not mean that there is a unified review method. The review of each subject should be combined with its characteristics, summed up the review of the idea. The unity of China's administrative laws and regulations as the basic substantive law and procedural law. These entities generally do not focus on the administrative laws and regulations stipulated in the code of a legal document, but scattered provisions in different areas and different level of legal effect of the administrative legal documents. Therefore, the review time to recite the legal text simply, is not conducive to understanding is not good enough to remember. Review the framework is recommended: The main behavior of relief Two, the administrative law proposition trend 1. score changes little, basic keep 60 - 70 points From the score at 02 years 36, 03 years 04 years 63 points, 38 points, 50 points for 05 years, 06 years, 75 points, 65 points for 07 years, 08 years, 60 points, 60 points for 09 years. The basic judicial examination is to keep balanced for each department score, although in the background of China's rule of law, administrative law by the degree of attention to the score increased, but since this year the state compensation law, the administrative procedure law amendment and administrative compulsory law does not pass, greatly improve the administrative law the proportion is unlikely. If the "State Compensation Law" draft is passed, the study will inevitably increase, is expected to obtain increased scores from the administrative litigation law. 2. the overall difficulty of steady partial rise From 09 years of questions can be found, the basic theory of administrative law subject, divergent and complex problems increased. The so-called "divergent" topic is the four option design is often not around a point of knowledge, but around the stem of multiple knowledge points, which is different with the traditional exam. From the beginning of 2005, the administrative law "divergent" questions more and more, this year is more obvious, such as forty-sixth, 48 and 84, 85, 98 and 100 questions. Combining the administrative law in the "banner" under different administrative law department law is the obvious trend of proposition. This feature is particularly prominent in 2009, if forty-sixth questions were investigated and the jurisdiction of the defendant and the third party; forty-eighth from jurisdiction to take an examination of the issue of compensation; eighty-fourth is the administrative reconsideration procedure, test third, test the exclusionary rules and the change of administrative behavior; 100th is to test for reconsideration the term, jurisdiction, was excluded by the scope of the case. The law also involves a number of separate, special laws, such as "land management law", "tax collection and management law", "forest law", "forest law enforcement regulations", "A Province Forestry Administrative Punishment Ordinance" and the 40 questions mentioned in the "telecommunications business license management measures", although not in the focus of the law, but as long as the master of the basic theory and the basic law, the 99% can be derived directly. 3. of the original more widely The topic has diversified trend of administrative law. The study of the administrative subject, is not only a confirmation from the attribute of administrative subject topic, often combined with the defendant in administrative litigation to determine the question, which may also add the content of administrative act, to establish the administrative body, and then type correctly distinguish administrative act is a good one of this kind of problem is a very important method. Three, note how the administrative law (a short film) 1. optimize the use of the law In addition to explore the theory of administrative law, administrative law subject is around one or a few law set up. So it is necessary for the law of memory, especially in the introduction, the basic question is directly in the law on. However, this does not mean that candidates can answer questions directly according to law. Therefore, in the review, some knowledge point on the law. Sometimes, as long as the solid theoretical knowledge, can not rely on the law answers. For example, the 2004 volume forty-third, obsolete production country, decided to certain provisions of technical supervision according to the "product quality law" made a fine of 2000 yuan penalty. The company refused to accept the administrative proceedings, the court reviewed by Bureau of technical supervision decided to punish the improper application of the law by the decision to withdraw the penalty decision. Which of the following statements is true? A. Technical Supervision Bureau shall not make administrative punishment B. Technical Supervision Bureau of the enterprise of the enterprise shall not make a decision on a fine, but can make the other administrative penalties C. Technical Supervision Bureau according to the original penalty decision for the "product quality law" provisions made with the penalty decision D. Technical Supervision Bureau according to the original penalty determine the related terms applicable outside the "product quality law" provisions made the same decision the answer is D. A is wrong, the court asked the correct law enforcement of administrative organs, not to say that B is not the law enforcement is wrong on the wrong understanding of C 55 of the administrative litigation law. In fact the provisions covers the main facts and reasons, not specifically mentioned the legal basis. 2. optimization of background knowledge Administrative law is the concrete constitution, it rapidly reflect the reality, reflects the administrative right to reflect the rapid economic and social development. Therefore, the administrative law section of the exam, focus on practical, realistic, test case appears mostly in the face. However, often have a social practice experience of the candidates score is not high, the reason is mainly the examinee to practice the knowledge First impressions are strongest answer, ignoring the main purpose of the establishment of the judicial examination is the law examination, rather than for practical examination. For example, in 2003 twenty-fifth 2, a university teacher make comments on a salary and title, a petition to the relevant departments, a survey research on the University, the formation of materials submitted to the Municipal Education Commission, Municipal Education Commission proposed "on a reflection of problems and deal with the situation report", agreed in principle to the opinion on the treatment and the armour. Please read the materials the Provincial Education Committee, and a copy of. A objected to the municipal government for administrative reconsideration. The options are: A belongs to the scope of administrative reconsideration, the report has a copy, a benefit to the administrative. B does not belong to the scope of administrative reconsideration, because the report has not been approved by the higher authorities, not a legal effect. C does not belong to the scope of administrative reconsideration, because the report has not been approved by the higher authorities, not a legal effect. D does not belong to the scope of administrative reconsideration, the report is due to repeated handling behavior. The answer is B. Parse the data is, Only the specific administrative acts of violation of citizens, legal persons or other organizations of the legitimate rights and interests, to apply for administrative reconsideration. But the report did not take effect, to send the Provincial Education Commission reading shows. So choose B. In fact, the answer is wrong, there is also the problem analysis. First, according to the petition regulations, education law, administrative reconsideration law stipulates, and refer to the administrative litigation law 98, processing unit of the teachers' salary and title made, does not belong to the scope of administrative reconsideration and the administrative litigation law, from which we will call the internal administrative act, the administrative reconsideration law generally applicable eighth other personnel, can only appeal to the relevant departments. The relevant departments to handle, also does not apply for administrative reconsideration or litigation. Two, to petition the handling of the case, the petition by the Department of relevant administrative organs, may also be a very high level, such as the case of the provincial education commission. If the provincial board of education for the City Board of education to deal with, so it belongs to the City Board of education for the behavior of university has the right to make treatment, this treatment is effective, do not need to make a substantive reply to the provincial education commission. Please refer to the so-called shown here is polite. Is not the Provincial Education Commission does not agree to have no effect. Of course, if there are different views, can also communicate. As the superior leadership can also be granted to the subordinate "A file please refer to" A ", please refer to" A ", please refer to the office, has a different meaning. Third, from the specific case processing, used to write stem, is not correct, the City Board of education has the right to own name (not issued a draft report, the Provincial Education Commission report also did not need to go to the City Board of education, the Provincial Education Commission report drafting). "A principle of consent is consent. This report represents the City Board of education attitude, the inevitable impact of the parties, so when the thing to be copied to everyone. If said is the internal analysis, it is not necessary to the parties. A test training center of D is explained, a formal conclusion has not been made, how to repeat treatment. This is a misunderstanding, the school behavior has, review the City Commission of the act, to repeat treatment. The State Council has a clear explanation. We come to the conclusion that does not belong to the scope of administrative reconsideration, as a result of the act itself is not to be filed for administrative reconsideration, and for repeated processing behavior can not initiate the administrative reconsideration. BCD no, the correct answer to this question is not available. 3. optimization Zhenti exercises The preference for the previous judicial examination Zhenti, candidates are essential for Zhenti exercises. It is the scope of the last five years of the judicial examination questions with general review. The reason to require candidates to arrange a lot of time to do it, the benefits are as follows: first, to review the candidates the most direct detection level; second, to understand the knowledge points of candidates; third, to grasp the candidates for problem solving skills. However, note that, due to changes in laws and regulations of administrative law is large, a few years ago it appeared as the correct answer options, this is wrong. For example, in 2002 28 2, Zhang disagreed with the seizure of property tax bureau decided to apply for reconsideration to the higher authorities, requesting revocation of seizure decision, but no claim for compensation. The reconsideration organ after examination that the seizure of illegal decision, decided to withdraw. For the seizure of property damage caused by the decision, what is the right way for reconsideration? (Dan Xuan) A, and decided to cancel the seizure by the applicant compensation corresponding loss B. cancel the seizure and inform the applicant on the issue of compensation shall be filed a lawsuit against C, the lifting of the seizure while loss of mediation D. requirements at the same time the applicant must cancel the seizure a supplementary compensation application for reconsideration. What is the issue of compensation in the reconsideration. "Administrative Reconsideration Law" provisions of article twenty-ninth, the applicant filed for reconsideration when no claim for compensation, the reconsideration organ in the revocation of illegal administrative acts involving property rights at the same time, shall be ordered to return the property, the lifting of the seizure of property, seizure, freezing measures, or to compensate for the corresponding price. So, the answer is A. Here is that the problems should be paid attention to, The relationship between the norms of the administrative law documents closely, many relevant norms on compensation norms exist in administrative litigation and administrative reconsideration, if only the thought of "State Compensation Law" and related judicial interpretation, the error prone, especially the "Administrative Reconsideration Law Implementing Regulations" promulgated, the administrative reconsideration organ can be the amount of damages the problem of mediation, the parties can also carry out reconciliation, so C a strong interference. 4. simplified textbook review The candidates in the program comes out, will generally see the textbooks for the entire time, familiar with the theory of knowledge. However, the assessment of administrative law is the combination of theory and practice. If we only see materials, easy to overlook the cross points of knowledge. For example, in the administrative main body, only remember the name of each organ is not enough, need to combine the administrative reconsideration of the respondent and the defendant in administrative litigation review center. Only for each cross point lies at the heart, can further explore the method of problem solving skills, otherwise only one can't make bricks without straw.