中国人民大学法律硕士考研复试真题

中国人民大学法律硕士近年复试试题.doc

7、谈谈你对中国法律制度的认识8、谈谈我国的市场经济和西方国家市场经济的异同9、你喜欢大城市还是小城市10、谈谈法律教育11、你为什么考法律硕士12、入学后你有什么打算13、伊拉克战争对中国法律制度有什么影响14、做自我介绍15、你怎样定义法律16、你对中国的法律体系有什么看法17、中国司法体制的运行18、中国司法改革如何进行19、你相信中国会实行法治么？为什么？（二）专业课1、中国的奴隶制五刑2、合同的分类3、民法的代理4、两大法系的区别5、刑法的效力6、香港特别行政区高度自治权的表现7、犯罪行为和犯罪结果的因果关系的唯物注意思考8、法律解释的作用9、民族自治区的自治权10、法律制定的特点11、民法的原则12、法律对人的效力13、继承法的原则14、商鞅变法的内容15、关于无因管理16、清末修律的特点17、债的分类18、中国土地法大纲的内容19、未遂犯的定义、特征20、一般累犯的构成要件21、宪法的根本法地位体现在那里（三）笔试部分题目：名词解释和简答法理1.法律规范，法律事实2.简述法律原则的概念和功能法制史1.奴隶制五刑2.简述《唐律》的结构宪法1.言论免责权2.简述我国选举制度的基本方式刑法1.结果加重犯，贪污犯2.简述犯罪中止的概念，特征，处罚原则民法1.担保物权，名誉权2.简述债的保全方式中国人民大学法律硕士考研辅导。

本人情况介绍：我是中国人民大学历史学院的一名学生，在法硕联考的时候，通过了中国人民大学初试。

就在昨天，我参加了人大法学院组织的复试。

我想以此文和大家谈一谈我备考的心得体会吧。

希望能给跨考的同学一点建议。

谈到为什么报考人大法硕，其实之间挺多周折的，一来本人想继续留在学校深造，二来想为以后的就业打基础。

其实我们学校的保研率还是很高的，只是当时我的信息比较晚，在截止期的时候才发现有相关的信息，最后只能错过了这个保研机会。

同寝室的女生出国的出国，保研的保研，工作的工作，而我依旧还得早起晚归地为这个未知的将来打拼着，心里有时候难免有些落单，但是我没有更好的办法去改变，怪也能只怪自己对周遭的信息不是很敏感。

人民大学法学院法学硕士研究生考试真题汇编完整版(含初试复试和(精)

法理学时间名词解释简答题论述题13保研综合1、法律论证；2、法的适用；3、法律规范的效力简述法制与法治的区别13保研专业1、法的价值；2、任意性规则；3、法的体系；4、纠纷解决机制；5、类比推理6、法律责任；1、简述法的原则在法律实施方面的功能2、简述程序正义的作用3、简述法律调整对象的特征4、简述论理解释1、试述现代法与道德的关系2、试述法律责任的归结原则3、当代中国法律对社会主义和谐社会的作用12初试1、绝对事件2、实质推理3、法学世界观4、法规清理1、简述案例在我国司法适用中的作用1、试述中国特色社会主义法律体系的结构和基本特征12复试1、法的价值2、调整性法律关系3、法的渊源1、简述现代法对国家权力的促进作用2、简述司法公正的标准1、论中国法制现代化的特点2、评析社会契约论4、类推推理5、法的适用3、简述论理解释的主要方法4、简述我国立法体制的特点12保研专业1、法律实效；2、法的历史类型；3、论理解释；4、任意性规则。

（1）、简述当代中国法的主要渊源。

（2）、法律原则的功能。

（3）、承担法律责任的主要原则。

（4）、社会自治对法治的意义（1）、论述法律职业群体对法制建设的积极意义。

（2）、法律实证主义学派对法与正义关系的观点。

11初试1、个别性调整；2、人权的普遍性；3、立法主体；4、判例法；5、法律体系；6、目的解释。

1、简述法的原则在法的创制方面的功能；2、简述法律解释与法律修改的区别；3、简述法规清理的特点及意义；4、简述法律推理的特征。

1、论我国立法的民主原则与科学原则的相互关系；2、论法治在我国市场经济发展中的作用；3、论我国法律监督的作用与完善。

11复试1、立法技术2、法的价值3、授权性规范4、规范性解释1、简述西方法治思想的源流与发展2、简述法的适用的原则1、论述社会主义法治对社会主义民主的促进作用2、举例说明形式推理与实质推理的联系与区别10初试集体人权1、简述法的社会职能和政治职能的关系 2、简述法的作用1、评述法家“势威之可以禁暴，而厚德之不足以止乱扩充解释法制调整性法律关系社会主义法治理念保护性规则的局限性3、简述法的价值冲突4、简述民主立法的原则及其表现形式也”的思想。

人大法学考研复试各专业笔试真题

人大法学考研复试各专业笔试真题核心提示：2010年人大法学考研初试发生重大调整，突出了对法学理论基础水平的考查，综合科考查不变，这样留下专业课放在了复试中进行考查，下边即是改革后的2011年复试专业笔试真题，其题型、分值分别、试题特征、考点分配及其备考策略等同往年初试专业课真题。

2011年人大法学考研民商法专业复试笔试真题一、名词解释（4x5’=20）1、诚实信用原则2、债的概括转移3、亲属权4、建筑物专有部分二、简答（2x15'=30)1、简述共同危险行为的概念和构成要件。

2、简述监护权的概念和主要特征。

三、论述（2x25‘=50）1、论述侵权责任法无过错责任的类型和正当性理由。

2、甲乙两人是夫妻，有一套房产,价值十万元，在房地产升值的时候准备卖掉。

在甲出差的时候，丙找到房屋中介丁表示委托丁购房，丁与乙商量，乙同意以13 万的价格出卖，然后丁告诉丙房屋的价格为15 万元，并要乙不告诉丙真实情况，丙支付了五万元，乙把房屋钥匙交给了丙，但是说房屋产权证在甲的单位等甲回来再办理。

甲回来后得知房地产又涨价了要求丙再付两万元才能办产权登记，丙不同意，于是甲已17 万元的价格将房屋卖给了戊并办理的房屋产权登记，戊要求丙搬离房屋，丙不同意，搞到法院说甲与戊的行为侵犯了他的所有权，要求法院撤销甲与戊之间的合同，而甲主张房屋是夫妻共同财产，乙处分没有得到他的同意而且中介丁存在欺诈，所以买卖合同是无效的。

请用民法有关原理，尤其是物权法的原理分析这个案例。

2011年人大法学考研刑法专业复试笔试真题一、名词解释（4x5’=20）1、刑法的溯及力2、过于自信的过失3、牵连犯4、非法经营罪二、简答（2x15'=30)1、简述抢劫罪中的威胁与敲诈勒索罪中威胁的区别。

2、简述防卫过当的构成要件。

三、论述（2x25‘=50）1、我国刑法规定对自首犯从轻，对累犯从重的理论依据。

2、甲想谋害乙，在乙喝的水里下毒，乙喝水后中毒，疼痛难忍，在地上挣扎，甲看乙痛苦，就主动开车送乙去医院，但途中由于甲的过失，汽车撞到一棵树上，致乙当场死亡。

中国人民大学法学院考研复试英语题目及答案

法理：●法与国家权力的关系●法律和社会的关系？Here giving me just minutes to say something about the relationship between law and society , I don't think I can express such a big topic clearly .so I just pick a few simple points to finish this task.Firstly, law came into being because of the needs of the humans' living .humans are regulated and safeguarded almost from a newly-born baby to one's death. Law is the outcome of the society , one of the social systems and one of the social regulations .it is closely related to the social customs ,playing a role of maintaining the existent systems and the concepts of the morals and ethics .It is the reflection of the social configuration of some society at certain times.Secondly ,law has the function of regulating the human' social life on one hand ,on the other, it can also actively lead people to tend toward the luciferous side in human nature.So ,a good law and its good effects can draw people away from evils and trespassing as much as possible, which eventually help us all to live a happy and harmonious life .Thirdly ,it is no doubt that law and society takes actions on each other . various kinds of social problems and the changes of some social notions can influence the regulations of the law including the new formation and recessions of some codes or even the constitution.Fourthly ,we should take a stand of movement to talk about anything. For the society as well as the laws in any county, they will never stay at the same level and time, and they should and they had better march on hand in hand and to most extent to be adapt with each other.●法与道德的关系When I was a middle school student, my political teacher told me that if I want to tell something about the relationship between two notions, I should either say something about the sameness and differences as well. I think this is true. So in face of this question, I will compare the sameness of the law and the morality first; and after that, I will tell the difference between the law and the morality.So now let me compare the sameness. 上层建筑――经济基础First of all, to make this point in a political way, the law and the morality are both determined by the economic foundation. So we can call that the law and the morality are both superstructure of the society and both of them play important role in the society. 道德――法Secondly, the morality contributes much to the law. For example, sometimes, the legal order should be and in reality it is kept or maintained by the morality. We can imagine that if morality is not observed, the law can be easily infringed.法――道德Now thirdly, I should say the law is very important to the morality as well. In fact, the law is determined by many factors including some morality factors. So keeping the legal order is just the proper way to keep the moral order of the society.Ok, just now, I have told your something about the sameness between the law and themorality. And now I want the reveal the differences between the two notions. In fact, there are many differentiations between the law and the morality. 形成时间Firstly, the morality emerged far earlier the law. Even in the primitive society, there was morality but the law did not emerge until the state is built in the slavery society.表现形式secondly, the form or the appearance of the law and the morality is not same. We can see that the law has the definitude form, and the effectiveness of the law is assured by the state, but the morality often has no form at all and they just has its roots in the people’heart. 作用机制And thirdly, the action mechanism of them are different. For example, the law is promised or guaranteed by the state power. But in contrast with the law, the morality has its effect only in the heart of people.调整范围And finally, as far as the regulating extension is concerned, the extension of the law is much wider than the morality. As we know, some behaviors simultaneously don’t conform to the law and the morality. So such behaviors can be regulated by the law as well as the morality. But we can see that there are some slight behaviors. They just go against the morality but not against the law. For example, some adults don’t care much about their old parents. So when such behaviors are very slight, they should just be regulated by the morality but should not be regulated by the law.Ok, that’s all for this question.司法公正与司法效率Judicial justice and the judicial efficiencyFirstly, I want to distinguish the two meanings of the judicial justice. The first o ne is the procedural justice while the other one is the substantive justice. For exampl e, the due trial process is the procedural justice while the trial result is the substanti ve justice. So what is the relationship between the judicial justice and the judicial eff iciency? Briefly speaking, the other way we consider the justice is the efficiency. The justice that is lack of efficiency is meaningless. This is just like the meaning of a pr overb that the late justice is non-justice.How to coordinate the relationship between the judicial justice and the judicial e fficiency? In my opinion, we should stick to the primary principle that the judicial j ustice has the priority over the judicial efficiency. There are several reasons. It is no doubt that the primary purpose we build up the judicial system is to protect the ri ghts of the citizens and at the same time punish what are against the judicial justice. So based on such arguments, I want to say that when judging the significance betw een the judicial justice and the judicial efficiency, we should choose the judicial justic e to be more important.But this is not to say the judicial efficiency is of no significance at all. On the c ontrary, I want to say that we should not neglect pursuing the judicial efficiency. No w let me give my reasons of this view. First of all, for the litigants in a lawsuit, in t he process of pursuing the ideal result of the litigation, their energy is limited, their money is limited, and their time is limited too. So judicial efficiency is of great impo rtance for them. It is not strange that they hope to solve their problems or the disp utes in a minute since the litigation starts. And even for the accused in the criminalprocedure, they want to finish the litigation soon because the long litigation is very p ainful for them. And the second reason the importance of judicial efficacy is that, as far as the state is concerned, as the neutral party of for example the litigation, t he judicial resource is limited too. For many years, the judicial specialists and the pr actionors have tried their best to seek some measures to solve the most judicial probl ems at the least cost. For example, take the jury system in America for example, in some complicated cases as the Simpson case in 1999, it cost the judicial resource mu ch morr than expected.So my conclusion is that we should not stick to the judicial justice only or the j udicial efficiency only. We should fully examine the self-value of either the judicial ju stice or the judicial efficiency.●程序正义与实体正义procedural justice and substantive justice●大陆法系与英美法系比较？――两大法系的区别Could you tell me something about the separation of judicial system?The term Anglo-American Law System refers to the system of law developed in Englan d and transferred to most of the English-speaking world. It is distinguished from the Contine ntal Law System used in Continental Europe, and in those nations settled by European peopl es. Both the two systems are the basis of law in most of the western world.The continental law system can be traced back to Roman law, which extended to the lim its of the Empire. It received its modern impetus from the early nineteenth-century French c odes of law created by French jurists.The differences between the two can be put as follows:Firstly, in the process of the formation of the continental law system, the jurists have played an important role, while the judges have contributed a lot in the format ion of the common law system.(法学家、法官)Secondly, I want to compare the representation of the different laws. The contin ental law system is famous for its statutory law and the common law system is famo us for its case law.（制定法、案例法）Thirdly, each system has its particular angle of view. For example, the continen tal law system pays its attention to the substantive law but the common law system pays its attention to the procedural law. The latter underlines trials、procedure、proof a nd execution.(实体法、程序法)Fourthly, the differences in composition of the two are apparent. In the Continental La w System, public law and private law are the basic classification, and the civil law are the ba sic classification, and the civil law plays an important role in it. While the basic parts of the Anglo-American Law System are common law and equity law, and public law is the key pa rt of it.（公法私法、普通法衡量法）In fact, there are many other differences between the continental law system an d the common law system. But in fact, each system has it own merits. For example, the continental law is better for its stability, and the common law is better for its flexibility. So in the development of each law system, many of the merits are introduce d into each other. And even today, when we are considering developing the judicial s ystem, investigating the particular characters of each of the judicial system is very i mportant.对司法独立有什么看法？(judicial independence/ independence of jurisdic tion)First of all, I want to say that the judicial independence is of great importance. When we are talking about the judicial independence, it is no doubt that we can all be aware of how important the law is. In fact, in the process of building the legal s ociety and the harmonious society, law is taking a great role in this process. And in order to make full use of law to rule the country, the independence of law is very i mportant. However, we can see that sometimes the ruling by law is interrupted by m uch resistance. For example, because of the political system of China, our courts are often interrupted by the People’s Congress, the government and so on.To make the meaning of judicial independence even more clearer, I have to say t hat the judicial independence in china refers to the courts’independence but not ref ers to the judges’independence. As we can see, the chief judge of our Supreme cour t is elected and appointed by the NPC(National People’s Congress), and it is regulat ed in the constitution that he has to give a report about the affairs of the court syst em annually to the NPC. And the local courts of China are functioned in a similar way. So we can see that when talking about the judicial system of China, we can no t confuse it with that of Americans.So now I want to say something about the judicial independence of America. A nd one phrase that can not be neglected here is the principle of checks and balance s. The U.S. Constitution provides for three equal and separate branches of governm ent. They are executive branch, legislative branch and the judicial branch.Each of the three branches is to some extent dependent on the other two and t here is a partial interweaving of their functions. For example, the President suggests legislations to the Congress and may veto legislations passed by the Congress; the Pr esident appoints federal judges and may grant pardons from punishment for offenses against the United States; the Congress appropriates funds for the executive branch and the judicial branch and may impeach and try members of the executive branch or the judicial branch; the courts may declare any presidential or executive action u nconstitutional and may declare Congressional legislation unconstitutional.So in a word, what I want to say at last is that when talking about the judicia l independence, we should pay attention to its particular political system as well. Onl y by this way, can we fully understand the judicial independence.中国司法制度评价（法制改革的必要性Do you think the legal system need s ome reform ? Why? ）――judicial system司法制度现状Judicature is one of the important forms of the enforcement of law. In China, th e subjects of judicature are only the court and the procuratorate. Relevently, the system of judic ature is made up of two parts: the system of people’s court and the system of the people’s procur atorate.In China, the power of judicature is divided into the powers of adjudication, powers of prosecuti on and the powers of legal supervision. The people’s court exercise the powers of adjudicatio n, and the people’s procuratorate exercises the powers of prosecution and the powers of legal su pervision.From the foundation of China, three main procedure laws were issued in succession. They are t he criminal procedure law, civil procedure law and administrative procedure law. In trial, the c ourt follows the principle of public trial, the independence of judicature, the system whereby th e second instance is final, the people’s jury system and so on.The procedure of lawsuit mainly contains the procedure of first instance, procedure of second i nstance, summary procedure, procedure for trial supervision and procedure of execution. Now, we are improving the system of evidence, procedure for review of death sentences and so o n. To view the China’s system of judicature, we may see that the legislation concerning procedu re law is in the process of further improvement, and judicial reformation is also under way.First of all, I want to explain what the judicial system is. In fact, there are two meanings of judicial system. And the difference between them is their extension. Whe n talking about the judicial system, somebody just refers to the systems that are rela ted to the nation’s judicial bodies, for example, the criminal investigating system, the prosecuting system, the trial system, the jail system and so on. The broader meanin g of the judicial system dosen’t confine into the systems relating to the judicial bodi es. They are relating the other judicial bodies as well. So we can see that these syste ms are also the judicial systems in China, for example, the lawyer’s system, the not ary system, the arbitrational system, the mediation system and so on.Since the birth of the People’s Republic of China, the judicial system have been constructed and developed greatly. And it is no doubt that the judicial system has be en playing a very important role in the society. Several tips can be taken to explain the situation. For example, as far as the criminal area is concerned, since the buildin g of the security system, the prosecution system, the People’s court system, many cri minals have been arrested and convicted, this leads not only to the punishment and t he education of the criminals, but also the protection of the due rights of the victims and the other people. Ok, let me take another example, for example, in face of the civil disputing, in the old days, people often tend to solve the problems by themselves. This may leads to some severe problems and can not settle the problems completely. But now the people have many other choices to solve such problems. As we can see from what the diverse systems I introduced just now, when a person is considering solving a problem with the other people, for example, a contract disputing, he can find lawyer to help him, he can go to the notary for help, or he can go to the court directly.So, judging from these arguments, we can safely draw a conclusion that the judicial system is very important, we need them in our daily life. But, to our disappointment, there is no doubt that there are many problems of our judicial systems correspondingly. Generally speaking, the efficiency of our judicial bodies are more or less lower than what we expect, the rights of the people are not properly and efficiently protected. For example, as far as the criminal procedure cod is concerned, some of the rights that are publicly and generally recognized all over the world are not listed in our cod. In contrast with the west developed countries, our protection for especially the accused is far behind that of those countries. In the criminal procedure, the accused does not have the right of silence, and he does not have the right to have his lawyer be present when he is questioned by the police or the prosecutors, and so on.So, I want to say, our judicial systems need some innovations indeed. And our principal for the innovation is that we should conserver what is accord with the situation of our country, and alter the systems that are not beneficial to us. So I think several tips can be conducted to improve our judicial system.Firstly, we should strive to do legal research in order to distinguish what is beneficial to us and what is harmful to us. Secondly, the practitioners must have discovered many problems of the judicial systems. So during the process of innovating the judicial system, the advices or the suggestions of them are very valuable and should be taken into account. Thirdly, there is a longer history of modern judicial system of the foreign countries, especially the developed countries. And there must be many advanced judicial systems of them. So what we should do is to learn from them and introduce whatever is beneficial to us.The reform in legal system is one of the important forms of law development. It means reformin g from the content to the form of law, from the enactment to the enforcement of law, to meet th e needs of changing society. Here, I just want to talk about the characteristics and reasons of th e reform in legal system.The initial aim of the reform in legal system is mainly to establish an efficient and coordinated l egal system. So, its tasks are to create some branches of law, draw up new laws, and abandon o r modify some old laws. For example, during the process of reformation, China has created the economic law, the business law , the environmental law, and so on. In more than 2000 laws a nd regulations issued from 1949 to 1979 , half of them were abandoned, one fourth were modifi ed, and one fourth keep valid.With the improvement of the legal system, people pay more attention to the effect of law. First, p eople are more concerned with the operation of law in legislation. Second, the reform in the syst em of judicature is put on the agenda. Third, the improvement of the supervisory system of law i s paid more attention. In short, in this stage, the core of reformation is to improve the operating system of law.But, what’s the ultimate goal of our reform? I think it is to realize rule by law. Meanwhile, to pr otect the rights of citizen is also its mission.As we see, the reform in legal system is always accompanied by other social reforms. It’s one of the characteristics of the reform in legal system. Besides the inner conflict between laws, the reform in economic system and political system are the impetus of reform in legal system.Only if the law adapts the development of society, it could bring its functions into play. But ,th e reform may be a long process, and we look forward to the coming of a society ruled by law.●法治――constitutionality/ rule by law/ government by lawFirst of all, I want to explain what is the “rule of law”. Simply speaking, “rul e of law”means that administer a country or manage the state affairs by law. The “rule of law”has many characteristics:Firstly, the legislative body should make the law open and definite. That means that since the born of law, it should be known to all the citizens and the meaning of the law should be apparent.Secondly, the judicial power of a country should be neutral and independent. T hat means that, for example, the judges be neutral to the litigants and the judges ar e only responsible to the law but not to anyone else.Thirdly, there should be several systems to safeguard the neutrality ant the inde pendence of law. This is very important. As a matter of fact, in some so-called the “rule of law countries”, there does exist a system of laws. But because of lack of s ome necessary surveillance, the neutrality and the independence of law of these count ries are often interrupted or even destroyed.In fact, there are many other characteristics of the “rule of law”. For exampl e, the power of the government should be strictly restricted by law and the right of the citizens should be properly protected by the law. And now, I want to turn this t opic to another word which is very similar to the “rule of law”. In Chinese, the t wo words share the same pronunciation:法制、法治. And in fact, the two words were often misused in China years ago. However, the two words are totally different from each other. I think the “legal system”refers to a system composed of a series of elements of legal issues.Now, China is undergoing a great project of building a “rule of law”country. And I think it is the basis for building up a state of socialist legal system to adminis ter the country according to law. Actually speaking, in face of the great goal, there must be much resistance before us. But I think, no matter how difficult it is, it is n o doubt that we will achieve this exciting goal.●对民主的认识――democracyAt first, I want to say that it is very hard to make a precise definition of what democracy is. In fact, even the textbooks have different views about this definition. But generally speaking, the opposite word of the democracy is the “dictatorship”. Ok, when asked my opinion about the democracy, I want to generalize some characters of democracy and contrast it with its opposite word, dictatorship.国家的一切权力归属于人民So the first character of democracy I want to say is that the state power is fundamentally attached with the people. In the feudalistic soci ety, the emperor or the king often proclaimed that his power was granted by the go d or the supernatural power, so the people or the citizens were to be ruled naturally. But in the modern democratic society, it is accepted that what the emperor or the king have said before is absurd. Now we believe that only the people have the state power to govern ourselves.政府权力必须是有限的，受到有效约束的The second character of democracy is th at the state power is limited and it should be restricted. We can easily imagine that if the state power is very powerful and not restricted, what will happen? It is no do ubt that the due rights of the people are prone to be easily infringed. And the unres tricted power will even lead to dictatorship. So restricting the state power is very im portant.民主的权力自身要有约束,公民享有平等参与政治生活的权利和自由The third char acter of democracy is that the democracy itself should be restricted. It is emphasized that that the citizens have the equal political rights. So we can see that the citizens have the equal rights to vote, and they have the equal rights to select the figures th ey like to be the leaders, and they have the rights to be equally protected by the la w or the state power.少数服从多数，多数尊重和保护少数的民主决策原则The last character of democ racy I want to say is that it has a very important principle. That is the minority sh ould submit to the majority, and the majority should respect and protect the minorit y. I think democracy does not mean that the people should have the same opinions o f all the issues. And that is impossible. So at this situation, this principle is very imp ortant, not only the rights of the majority are realized, but the rights of the minorit y are also protected.Do you think that states has the right to take citizens' lives?死刑存废问题There has been such a long time for the discussion of the abolition of death penalty since the great Italy criminal expert Beccates brought up his clear objection of death penalty in 18TH Century .As a whole ,it is predominate that more people think the country has no right of taking citizens' lives .As for me ,I am also in favor of this opinion. Firstly, the right of being alive is the basic and most important one to a person and also the whole country. As it is so- called “natural right”, I don't think the country has the right of disposing the natural right .In addition, citizens' live is the basic part of a country .No citizen' live, no country !Secondly, as we all know, the country is shaped by the giving away of citizens' public right ,so no doubt thatcitizens are the owners of the country and the country has no right of taking the owners' lives .Thirdly, from the origin of the country ,we can conclude that the country has the obligation of defending its citizens' lives .In a word, theoretically, the country has no right of taking citizens' lives.However, there are some cases that one person takes another' live .In this condition, as a solution to this problem and also a way of stabilizing the society ,I think it is sometimes necessary for the country to take one's live as a punishment .And we can see there are always mixed factors for the a country's criminal sys tem ;especially whether we should take the death penalty into consideration .We shou ld realize that the factors such as the cultural background . the history . the conscio usness of the citizens'.the safety condition .the influence of a case and so on are so d ifferent from one country to another .The most important thing is to take the most s uitable measure for its own country ,that is to mean do what is consistent with the s ituation of a country .In a word ,since the fact is complicated ,we should compromis e before the reality although to some extent we admit that the death penalty should be abolished theoretically .For example , based on the situation of China in the recen t years, I don't think it is the right period for the criminal system to abolish the de ath penalty.●对现行民法体系的看法？――civil law systemAbout the system of China’s civil code, there are three standpoints in the field of the scie nce of civil law. They are idealism, romanticism and realism. The idealism holds the Roman law in esteem, aiming to promote the status of personal law. The romanticism advocates t o draw up a loose civil code. While the realism stresses to respect the custom of our legal syst em, preferring the system from overall to fraction.But about the concrete design of civil code, though there are many suggestions, most sch olars choose the stand of realism. For example, some scholars think the civil code should con tain six parts as follows: the general principle, personal rights, real rights, intellectual right s, rights of inheritance, creditor’s rights. Some scholars deem the civil code should contain se ven parts, as follows: the general principle, real rights, creditor’s rights, rights of relative, ri ghts of inheritance, intellectual rights and torts.The views above have some resemblances in content, but also have many differences. Th e question is why they all choose realism in the design of the system of civil code. In fact, ther e are two style about the system of civil code. One is the style of Roman, accepted by Franc e, Italy and so on. The other is the style of Germany , accepted by Germany and its follower s. From the reform in legal system in the late Qing Dynasty, we have accepted the style of Ge rman’s system of civil code and its concepts, principles, institutions and theoretical system. T he arrangement of chapters and sections, concepts we are using and system of civil rights in t he general principles of civil law in force, apparently drawn lessons from German’s civil cod e. So, it is not surprise that so many scholars choose the realism.●对我国法律体系的看法――law systemFirst of all, let me try to explain what the law system is. Generally speaking, the l aw system refers to the inner structure of the law. The overall law can by divided i nto many different branches. And I think the law system is like a pyramid. Each br anch of law locates at different levels of the pyramid owing to their different effectiv eness. So we can see that the constitution is at the top of the pyramid. And we can see that because of the lower effectiveness, there are many branches of law under th e constitution.In China, there are four levels of laws in the law pyramid. As I have said just no w, the top level belongs to the constitution. There are several basic laws lying in the second level of the pyramid. They are the subsidiary branch of the constitution. Thi s group of basic laws are the criminal law, the administrative law, the civil law, the litigation law, the economic law, the marriage law and the labor law. And the laws o f the third level of pyramid are the subsidiary branch of the second level, for examp le, the intellectual property law. Correspondingly, the laws of the fourth level of the pyramid are the subsidiary department of the third level, for example, the copyright law.One point that I want to mention here is that the law system has a character of unification. For example they are located systematically like a pyramid. And it has a nother character: alternation. They are both the inner characters of the law system. As the society atmosphere changes, the law system will change too. For example, whe n a new country is built, the law system may change correspondingly. So, one famou s political phrase can be used here. That is: The superstructure is determined by the economic foundation.The system of the science of law is an interrelated entirety made up of many branches of the sci ence of law. As a theoretical system, it is changing with the legal theory and practice of law. To specialize the research, people divide the system of the science of law into many concrete bra nches according to certain criterions. But because of different angle of observation and researc h, the division varies from person to person. On the whole, criterions are mainly following: taki ng the object of research as criterion, the system is divided into the science of Constitution, the s cience of penal law, the science of civil law and so on; taking the level of research as criterion, i t is divided into the science of theoretical law and the science of applied law. The other criterion s are the scope of research, the method of research and so on. But to evaluate if such division i s scientific, two factors should be considered. The first is whether the division accords with the r eal appearance of the science of law. The second and more important is whether the division ac cords with logical rules.In china, the division of the science of law shows a complicated picture. Some scholars divided i t into five classes. They are the science of theoretical law , the science of applied law, the scienc e of the history of law, the science of domestic law, the science of international law. Some schol ars divided it into six classes. They are the science of theoretical law , the science of the branc h of law, the science of the history of law, the science of legislation, the science of internationa l law and the science of marginal law.The phenomenon of the science of law has complicated relations, so it is difficult to find a divisi。

中国人民大学法律硕士历年复试试题

中国人民大学法律硕士历年复试试题一、单项选择题（每题的备选项中，只有1个最符合题意）1、李某在行政复议决定作出前，要求撤回行政复议申请，则（）A．可以暂时终止诉讼B．由行政复议机关决定是否准许C．可以撤回行政复议申请，行政复议终止D．经说明理由可以撤回2、对复议前置的案件，行政复议机关决定不予受理或者超期不作答复的，申请人可以依法（）。

A．向上级机关申诉B．向上级行政机关申请复议C．向人民法院提起行政诉讼D．无法提起行政诉讼3、某县县委组织部．县纪委．县土地管理局．某镇人民政府组成联合调查小组，调查处理县机关干部和城关镇干部违法占地建房问题。

联合调查小组对县机关某干部李某作出了处理决定，没收其在非法占用的土地上所建的楼房。

处理决定是以四个单位联合发文的形式作出的，盖了四个单位的公章。

李某不服，申请复议。

本案的复议机关是( )A．县委B．县土地管理局C．县人民政府D．市土地管理局4、某村村民吴某因家里人口多，住房紧张，向乡政府提出建房申请。

经乡人民政府土地员刘某批准后，即开始划线动工。

周围左邻申某与右邻崔某发现吴某占用了自己使用多年的宅基地，即同吴某交涉。

吴某申辩说建房是按批准文件划线动工，不同意改变施工计划。

如申某与崔某申请复议，应当向下列什么机关提出？( )A．乡政府作为复议机关B．县政府作为复议机关C．县政府土地管理局作为复议机关D．县政府法制局作为复议机关5、某市交通局发布文件，规定对高速公路过往车辆征收过路费。

徐某驾车路过被征收过路费，他认为这属于乱收费，欲提起复议申请。

下列选项中错误的是：（）A．徐某可以直接对该征收行为提起行政诉讼B．徐某可以针对该规范性文件要求复议审查C．徐某可以在申请复议征收行为时要求审查该规范性文件D．徐某不必经过复议，可以直接向人民法院提起行政诉讼6、行政机关审理行政复议案件，应以规范性文件为依据，下列规范性文件错误的是?( ) A．上级行政机关对案件处理的意见B．地方性法规．规章C．法律．行政法规D．上级行政机关依法制定和发布的具有普遍约束力的决定．命令7、某市交通局发布文件，规定对高速公路过往车辆征收过路费。

2017、2018、2019年中国人民大学法学专业考研真题

2017、2018、2019年中国人民大学法学专业考研真题2017年材料分析题：一、大气污染防治为什么要坚持源头治理？二、能源结构调整与大气污染防治的关系。

三、对大气污染物与温室气体协同治理的理解。

论述题：环境公益诉讼与环境侵权诉讼的关系。

法理学材料分析题：材料有三段主要内容为:法条越多，证明社会秩序越差。

法律作为社会控制手段，但不是唯一手段，其他社会控制方式在社会控制上的优越性。

一、总结上面三段材料。

二、法的控制的特点。

三、法的实施和社会道德价值，其他非正式社会条件和其他社会控制手段关系。

论述题：论述指导性案例是否是我国的法律渊源。

法制史材料分析题：一、春秋决狱。

二、亲亲得相首匿。

三、汉代其他类似制度及对后世意义。

四、汉代儒家化的历史文化条件。

论述题：论述明初的立法理念，立法活动和立法成就。

宪法学和行政理论材料分析题：一个贿选人大代表案例，和对该种行为处理。

一、根据《选举法》选举保障制度构成。

二、根据《选举法》主要救济途径。

三、贿选的危害，及解决措施。

论述题：论述国务院总理负责制和民主集中制关系。

刑法学材料分析题：交通肇事的规定，一个是最高法某解释5条1款，即车辆所有人，管理人等人指使肇事司机逃逸，指使者共犯论。

刑法25条，共同过失犯罪，不是共同犯罪。

一、解释与刑法是否冲突。

二、如果肇事者已有肇事意图，指使者再予以唆使，肇事者逃逸，指使者责任如何。

如果肇事者被指使逃逸后，主动到公安局投案自首，肇事者是否构成自首。

在上段情形中，倘若肇事者自首，指使者责任。

论述题:论述抢劫赌资是否构成抢劫罪。

民法材料分析题：A公司与B公司存在100万债权债务关系。

A为债权人，B 为债务人。

C公司法定代表人甲以C公司名义签订保函，为该债权承担连带保证责任，并盖公司章。

A与C为长期合作伙伴。

现A公司无力履行债务，B公司要求C公司承担保证责任，C公司股东认为公司章程中甲必须经股东会会议通过，才可开具保函，B公司为索取会议资料，该保证行为无效。

法硕复试真题及答案解析

法硕复试真题及答案解析是考生进入法学硕士研究生阶段的重要关卡。

为了帮助考生更好地备战，接下来将给大家分享一些真题及解析。

一、刑法题目1. 标题：正当防卫有何经典解释？解析：正当防卫是刑法中一个非常重要的概念。

根据经典解释，正当防卫是指在面临非法侵害时，受害人可以采取适当的防卫行为，以保护自己的合法权益。

正当防卫的前提是存在非法的侵害行为，并且防卫行为必须符合必要性原则和适度性原则，即不能超出必要程度和适度程度。

2. 标题：如何判断故意犯罪与过失犯罪？解析：故意犯罪与过失犯罪是两种刑法责任形态。

故意犯罪是指犯罪人具有主观故意，预期犯罪结果的发生，并主动实施犯罪行为。

而过失犯罪是指犯罪人虽然没有主观上预期犯罪结果的发生，但是由于疏忽、疏漏等原因造成了犯罪结果的发生。

判断故意犯罪与过失犯罪的关键在于犯罪人的主观意图和对结果的预见能力。

二、民法题目1. 标题：简述合同成立的要件和效力解析：合同成立的要件包括合意、合法、真实和完全。

即当事人之间就合同的主要事项达成一致；合同的内容和目的必须符合法律规定，没有违反法律禁止性规定；当事人的意思表示必须真实，不能采用欺诈、威胁等手段；合同需要包含合同的主要条款，不能存在空白或者模糊的地方。

合同的效力主要体现在合同的权利义务对当事人具有约束力，并且可以通过法律手段进行强制履行。

当合同符合要件并且满足法律规定，即为有效合同。

2. 标题：民事侵权行为的构成要件有哪些？解析：民事侵权行为的构成要件包括主体、客体、行为和损害。

主体是指实施侵权行为的人，可以是个人或者法人；客体是指受到侵害的人或者物；行为是指侵害客体的行为，可以是主动行为或者不作为；损害是指由于侵权行为造成的人身损害、财产损失或者精神损害。

只有当这些要件都具备时，才能构成民事侵权行为。

三、行政法题目1. 标题：行政法的基本原则有哪些？解析：行政法的基本原则包括合法性原则、公正原则、公开透明原则、责任追究原则和效率原则。

人大法学考研历年真题

人大法学考研历年真题一、2008年人大法学考研真题笔试部分问题一：请简述我国宪法的性质及其基本原则。

问题二：请简述我国行政法律制度的特点以及它在我国法律体系中的地位和作用。

问题三：请简述我国刑事诉讼法中的诉讼参与人制度，以及其中的起诉原则和合议庭制度。

问题四：请简述我国民事法律制度中的合同法和侵权责任法中的基本要素和适用原则。

问题五：请简述我国国际私法中的国际法承认原则和国际民事诉讼原则。

二、2014年人大法学考研真题笔试部分问题一：请简述我国宪法实施的形式和程序，以及宪法的解释权和宪法的修改程序。

问题二：请简述我国行政法律制度中的法律规范层级和行政行为的合法性审查制度。

问题三：请简述我国刑事诉讼法中的证据收集制度和刑事判决的法定程序。

问题四：请简述我国民事法律制度中的法人法以及知识产权法中的保护原则。

问题五：请简述我国国际私法中的国际民事诉讼制度和国际仲裁制度。

三、2019年人大法学考研真题笔试部分问题一：请简述我国宪法实施的形式和程序，以及宪法中公民权利与合法权益的保障机制。

问题二：请简述我国行政法律制度中的行政程序法和行政执法制度的特点。

问题三：请简述我国刑事诉讼法中的证据收集制度和刑事审判的公正性保障机制。

问题四：请简述我国民事法律制度中的物权法以及知识产权法中的保护机制。

问题五：请简述我国国际私法中的主权平等原则和国际仲裁制度。

四、综合考察人大法学考研历年真题从各个年份的考题中可以看出，考察的内容主要涵盖了我国宪法、行政法、刑事诉讼法、民事法以及国际私法等方面的知识。

可见，考生在备考过程中需全面掌握各个领域的法律知识。

考生应该注重对法律基本原理的理解和运用，并结合具体案例进行分析。

同时，也要重点关注我国法律制度的特点、法律程序的规定以及相应的保护机制，这些都是答题的重点内容。

对于真题的复习，考生可以针对每个问题进行详细的思考和解答，运用合理的论述和适当的案例分析来支持观点。

此外，复习过程中还可以参考相关法律文献和法学研究成果，深入研究和思考，以便更好地应对考试。

人大法学考研复试详情和复试真题

中国人民大学法学考研复试详情和复试真题参加复试的一共142人, 最后录取120人。

具体专业情况如下: 法学理论专业:进复试22人, 录取17人; 最少6名考生为二战。

录取的最高分为412分, 最低分为352分, 有362落榜的情况。

法制史专业:进复试8人, 录取6人, 二战的考生3人以上。

录取最高分为381, 最低分为360。

宪法学与行政法学专业:进复试5人, 录取8人。

从其它专业调剂了3人, 。

二战的考生2人以上。

录取的最高分385, 最低分为351.刑法学专业:进复试23人, 录取17人。

二战的考生不明, 数量很少, 认识的十几个人都是一战的。

录取的最高分392, 最低分为353.民商法专业:进复试23人, 录取18人。

有几人调剂到了其它专业。

二战的考生3人以上。

最高分为393.最低分为352.诉讼法专业:进复试24人, 录取19人。

二战的会员四人以上。

最高分为392, 最低分为357.经济法专业:进复试8人, 录取11人, 有从其它专业调剂过来。

二战的会员3人。

最高分为409, 最低分为351.环境法专业:进复试6人, 录取4人, 二战的考生3名。

最高分为377, 最低分357国际法专业:进复试7人, 录取7人。

二战的会员1名。

最高分为378, 最低分350知识产权专业:进复试14人, 录取11人。

二战的会员四人以上。

最高分400分, 最低分354.比较法专业:进复试2人, 录取2人。

最高分359, 最低分352.备注: 录取的考生里包含骨干计划的考生, 可是最低分的统计不包含骨干计划。

已经录取的考生, 现在就没有什么事情了, 在5月份, 法学院会发布《关于我院拟录法学硕士、法律硕士政审、调档、党组织关系与户籍等工作的通知》。

届时, 考生会接到人大法学院发的挂号信, 然后自己按照要求去政审和调档。

邮寄给人大的时候, 一定要把人大法学院的收件地址写准确。

人大只有政审合格才会发通知书, 可是这都是形式, 政审都不会出问题的。

人大法学考研真题及复试试题

中国人民大学法学考研真题，复试试题凯程为您提供人大法学考研复试题，希望对您有所帮助。

民商法专业面试题目：1货物买卖所有权和风险转移规则；2合伙的责任分担；3民事法律行为的成立条件；4无因管理的法律效果，构成要件；5监护的性质和保佐的区别；6论解除权；7论一般侵权条款；8债的保全；9不当得利；10合同的附随义务；11简述表现代理；12合同之债请求权体系；13债法的体系；14诚实信用原则；15物权体系；16不当得利构成要件；17重大误解；18对法律体系的看法；19趁人之危的构成要件；20论述请求权；21债的消灭原因；22法人的有限责任；23合同订立的程序，步骤；24表现代理；25合伙财产的性质；26买卖合同中的风险转移；27欺诈；28什么是形成权，举例说明；29侵权行为法的规则原则；30合同解除条件；31种类物也特定物比较；32合同责任；33合同中的抗辩权。

英语面试题目：1、could you tell something about the separation of judicial system?2. Do you hink that states has the right to take citizens' lives ?3、what's the best way to learn law in China？4、Talk something about WTO?5、Do you think the legal system need some reform ? Why?6、案例教学与板书教学比较？7、对现行民法体系的看法？8、法律和社会的关系？9、如果你被录取，你有什么计划？10、大陆法系与英美法系比较？11、对司法独立有什么看法？12、介绍我国的程序制度？13、介绍我国的律师制度？14、谈谈学习方法。

15、你为什么选择人大〖为什么来人大上学〗，为何选择人大法学院？16、你为什么选择法律17、两大法系的区别18、中国司法制度评价19、法治20、法治改革的必要性21、介绍我国司法制度22、法律教育方法的看法〖谈谈中国法学教育现状和改进〗23、谈谈我的家庭24、评价我国的教育制度25、对联合国的看法26、对我国法律体系的看法27、你是否认为法官应该遵守法律/为什么28、毕业以后你想成为律师还是法官29、对民主的认识30、简要介绍一下什么是福利社会31、简要介绍一下你的家庭；32、你喜欢在大城市还是小城市生活；33、why do you want to study law?34、对我国法律教育制度的评价？当年热点话题也是英语复试的重要准备方向！。

中国人民大学法律硕士近年复试经典试题

中国人民大学法律硕士近年复试经典试题中国人民大学法律硕士近年复试经典试题中国人民大学法律硕士近年复试经典试题人民大学法硕复试试题（一）英语1、你对死刑的看法2、谈谈你对恐怖注意的看法3、你想当律师还是法官，为什么4、你为什么选择人大5、简单介绍一下中国的司法体制6、你被录取后有什么打算7、谈谈你对中国法律制度的认识8、谈谈我国的市场经济和西方国家市场经济的异同9、你喜欢大城市还是小城市10、谈谈法律教育11、你为什么考法律硕士12、入学后你有什么打算13、伊拉克战争对中国法律制度有什么影响14、做自我介绍15、你怎样定义法律16、你对中国的法律体系有什么看法17、中国司法体制的运行18、中国司法改革如何进行19、你相信中国会实行法治么？为什么？（二）专业课1、中国的奴隶制五刑2、合同的分类3、民法的代理4、两大法系的区别5、刑法的效力6、香港特别行政区高度自治权的表现7、犯罪行为和犯罪结果的因果关系的唯物注意思考8、法律解释的作用9、民族自治区的自治权10、法律制定的特点11、民法的原则12、法律对人的效力13、继承法的原则14、商鞅变法的内容15、关于无因管理16、清末修律的特点17、债的分类18、中国土地法大纲的内容19、未遂犯的定义、特征20、一般累犯的构成要件21、宪法的根本法地位体现在那里（三）笔试部分题目：名词解释和简答法理1，法律规范，法律事实2，简述法律原则的概念和功能法制史1.奴隶制五刑2.简述《唐律》的结构宪法1.言论免责权2.简述我国选举制度的基本方式刑法1.结果加重犯，贪污犯2.简述犯罪中止的概念，特征，处罚原则民法1.担保物权，名誉权2.简述债的保全方式中国人民大学法律硕士近年复试经典试题相关内容:。

中国人民大学法硕专业考研复试真题

育明教育2014年考研视频课程+内部资料笔记+历年真题+公共课阅卷人一对一3次指导=2500元第一年没过，第二年免费重修，直到考上！！！此外，现在很多小机构虚假宣传，建议到现场实地考察，并一定要查看其营业执照，或者登录工商局网站查看企业信息。

【2013年喜报】2013年育明教育学员共有9人考入中国人民大学法律硕士（非法学）5人考入法律硕士（法学）中国人民大学法律硕士招生目录法律(非法学)北京180人法学院思想政治理论201英语一或203日语398法硕联考专业基础(非法学)498法硕联考综合(非法学)法律(法学)苏州校区60人法学院思想政治理论201英语一或203日语397法硕联考专业基础(法学)497法硕联考综合(法学)历年复试分数线2013年复试分数线035101法律（非法学）50509090 350法律（法学）505090902012年复试分数线2011年复试分数线【育明教育】法律硕士考研复习专家推荐用书（1）《法律硕士专业学位研究生入学全国联考考试大纲》（高等教育出版社出版，主编：教育部高校学生司和教育部考试中心）（2）《法律硕士专业学位研究生入学全国联考考试分析》（人大出版社出版，主编：教育部考试中心）（3）《法律硕士专业学位研究生入学全国联考考试指南》（以下简称联考指南。

中国人民大学出版社出版，总主编：曾宪义）330035101法律（非法学）50509090350法律（法学）50509090330035101法律（非法学）55559090350法律（法学）50509090330（4）法律硕士复习练习配套必备一、《法律硕士联考考试大纲配套练习》二、《全国法律硕士研究生入学联考标准化题库》三、《全国法律硕士研究生入学联考历年真题》（5）育明教育法律硕士独家内部考研精编资料及押题卷出题人，阅卷人加盟策划汇编，打造法硕最专业最精准的考研辅导资料第八十二条澳门特别行政区法院行使审判权。

第八十三条澳门特别行政区法院独立进行审判，只服从法律，不受任何干涉。

法硕复试专业试题及答案

法硕复试专业试题及答案一、选择题1. 根据《中华人民共和国宪法》，下列哪项不属于公民的基本权利？A. 选举权和被选举权B. 受教育权C. 财产权D. 死刑答案： D2. 我国《刑法》规定，故意杀人罪的法定最高刑罚是什么？A. 有期徒刑B. 无期徒刑C. 死刑D. 罚金答案： C二、简答题1. 简述我国《民法典》中关于合同解除的相关规定。

答案：根据《民法典》规定，合同解除分为协议解除和法定解除两种情形。

协议解除是指当事人双方协商一致，可以解除合同。

法定解除是指在合同履行过程中，一方当事人严重违约，另一方当事人可以依法解除合同。

解除合同后，双方当事人应当根据合同的性质和履行情况，承担相应的责任。

2. 请简述我国《刑法》中关于正当防卫的法律规定。

答案：根据《刑法》第二十条规定，为了使国家公共利益、本人或者他人的人身、财产等权利免受正在进行的不法侵害，而采取的制止侵害行为，对侵害者造成损害的，属于正当防卫，不负刑事责任。

但是，正当防卫明显超过必要限度造成重大损害的，应当负刑事责任，但是可以减轻或者免除处罚。

三、案例分析题案例：张某因欠债未还，被债权人李某多次催讨。

一日，李某再次上门讨债，张某因情绪激动，持刀将李某刺伤。

请分析张某的行为是否构成正当防卫，并给出理由。

答案：张某的行为不构成正当防卫。

根据《刑法》第二十条的规定，正当防卫是为了制止正在进行的不法侵害，而张某在李某讨债过程中，并未遭受正在进行的不法侵害。

张某的行为属于故意伤害，应当承担相应的刑事责任。

四、论述题试论述我国《行政诉讼法》中关于行政诉讼的基本原则及其意义。

答案：我国《行政诉讼法》中关于行政诉讼的基本原则主要包括：合法性原则、公正原则、及时原则、公开原则和效率原则。

这些原则的意义在于保障公民、法人和其他组织的合法权益，维护国家法制的统一和尊严，促进行政机关依法行政，提高行政效率，实现司法公正。

五、材料分析题材料：某市环保局对一家企业进行了环境违法行为的行政处罚，该企业不服，向法院提起行政诉讼。

人大法学考研复试：专业课面试试题汇总

人大法学考研复试：专业课面试试题汇总一、2010年前人大法理学专业复试面试题集锦1、社会调整的类型；2、社会主义法制的基本要求；3、调整的类型，法院判决属于那种类型的调整？二、2010年前人大宪法学专业复试面试题集锦1、违宪审查与宪法诉讼的关系；2、宪法与人权的关系；3、宪法内容的根本性；4、宪法解释权与宪法修改权的关系；5、单一制；6、人权与基本权利的关系；7、宪法与宪政的关系；8、宪法效力最高性的认识。

三、2010年前人大法制史专业复试面试题集锦1、钦定宪法大纲；2、十恶；3、六法全书的内容；4、法家的基本观点和主张；5、明朝初期的重典制国。

四、2010年前人大民商法专业复试面试题集锦（一）、民法总论：1、对法律体系的看法；2、民法调整人身关系/财产关系的特点；3、诚实信用原则；4、论述请求权（请求权的概念、效力、特征）；5、什么是形成权，请举例说明；6、论撤销权；7、死者的人格利益；8、监护的性质和保佐的区别；9、合伙财产的性质；10、合伙的责任分担（合伙债务的分担）；11、法人的有限责任；12、法人的权利能力与自然人权利能力的区别；13、种类物与特定物比较；14、民事法律行为的成立条件；15、乘人之危的构成要件；16、欺诈；17、重大误解；18、简述表现代理；19、时效的中断；20、时效的法律后果。

（二）物权：1、物权体系（或你对物权法体系的看法）；2、建筑物区分所有权中的成员权；3、相邻权；4、典权；5、留置权的构成要件和实现。

（三）、债权总论：1、债的特征；2、债法的体系；3、合同中的抗辩权；4、债的保全；5、债的消灭原因。

（四）、债权分论：1、合同订立的程序、步骤；2、要约的构成要件；3、合同之债请求权体系；4、合同的附随义务；5、论解除权；6、合同解除条件；7、买卖合同中的所有权转移和风险转；移8、货物买卖所有权和风险转移规则；9、不当得利（或不当得利的构成要件）；10、无因管理的法律效果、构成要件。

人大考研复试题目及答案

人大考研复试题目及答案1. 请简述你对“人民民主”的理解。

答案：人民民主是指在国家政治生活中，人民通过各种形式和途径，参与国家事务的管理，实现民主决策、民主管理和民主监督的一种政治制度。

它体现了人民是国家的主人，享有广泛的民主权利，包括选举权、被选举权、参与权、表达权等。

2. 请分析当前中国经济发展中存在的主要问题，并提出你的解决建议。

答案：当前中国经济发展中存在的主要问题包括：结构性矛盾突出、区域发展不平衡、环境污染严重、创新能力不足等。

解决建议如下：- 加强供给侧结构性改革，优化产业结构；- 推动区域协调发展，缩小地区发展差距；- 加大环境保护力度，实现绿色发展；- 提升科技创新能力，推动产业升级。

3. 请谈谈你对“依法治国”的认识。

答案：依法治国是指在国家治理中，坚持法律至上，用法律规范国家和社会生活，保障公民权利和自由，维护社会公平正义的一种治国方式。

它要求国家机关和公民都必须遵守法律，法律面前人人平等，公正司法，保障法律的权威性和严肃性。

4. 请描述中国传统文化中的“和为贵”思想。

答案：“和为贵”是中国传统文化中的一种重要思想，强调和谐相处、和睦共处的重要性。

它认为，人与人之间、人与社会之间、人与自然之间都应该追求和谐，通过相互理解、相互尊重、相互帮助来实现共同发展。

5. 请解释“供给侧结构性改革”的含义及其在中国经济发展中的作用。

答案：“供给侧结构性改革”是指通过优化供给结构，提高供给质量，激发市场活力和创新能力，促进经济结构调整和产业升级的一种改革方式。

在中国经济发展中，它有助于解决产能过剩、资源浪费等问题，推动经济高质量发展。

6. 请阐述你对“绿色发展”理念的理解。

答案：“绿色发展”是指在经济发展过程中，注重环境保护和资源节约，实现经济发展与生态环境的和谐共生。

它强调可持续发展，倡导低碳、环保、循环经济，旨在实现经济增长与环境保护的双赢。

7. 请简述中国传统文化中的“孝道”思想。

中国人民大学法学院考研复试英语题目及答案

法理：●法与国家权力的关系●法律和社会的关系？Here giving me just minutes to say something about the relationship between law and society , I don't think I can express such a big topic clearly .so I just pick a few simple points to finish this task.Firstly, law came into being because of the needs of the humans' living .humans are regulated and safeguarded almost from a newly-born baby to one's death. Law is the outcome of the society , one of the social systems and one of the social regulations .it is closely related to the social customs ,playing a role of maintaining the existent systems and the concepts of the morals and ethics .It is the reflection of the social configuration of some society at certain times.Secondly ,law has the function of regulating the human' social life on one hand ,on the other, it can also actively lead people to tend toward the luciferous side in human nature.So ,a good law and its good effects can draw people away from evils and trespassing as much as possible, which eventually help us all to live a happy and harmonious life .Thirdly ,it is no doubt that law and society takes actions on each other . various kinds of social problems and the changes of some social notions can influence the regulations of the law including the new formation and recessions of some codes or even the constitution.Fourthly ,we should take a stand of movement to talk about anything. For the society as well as the laws in any county, they will never stay at the same level and time, and they should and they had better march on hand in hand and to most extent to be adapt with each other.●法与道德的关系When I was a middle school student, my political teacher told me that if I want to tell something about the relationship between two notions, I should either say something about the sameness and differences as well. I think this is true. So in face of this question, I will compare the sameness of the law and the morality first; and after that, I will tell the difference between the law and the morality.So now let me compare the sameness. 上层建筑――经济基础First of all, to make this point in a political way, the law and the morality are both determined by the economic foundation. So we can call that the law and the morality are both superstructure of the society and both of them play important role in the society. 道德――法Secondly, the morality contributes much to the law. For example, sometimes, the legal order should be and in reality it is kept or maintained by the morality. We can imagine that if morality is not observed, the law can be easily infringed.法――道德Now thirdly, I should say the law is very important to the morality as well. In fact, the law is determined by many factors including some morality factors. So keeping the legal order is just the proper way to keep the moral order of the society.Ok, just now, I have told your something about the sameness between the law and themorality. And now I want the reveal the differences between the two notions. In fact, there are many differentiations between the law and the morality. 形成时间Firstly, the morality emerged far earlier the law. Even in the primitive society, there was morality but the law did not emerge until the state is built in the slavery society.表现形式secondly, the form or the appearance of the law and the morality is not same. We can see that the law has the definitude form, and the effectiveness of the law is assured by the state, but the morality often has no form at all and they just has its roots in the people’heart. 作用机制And thirdly, the action mechanism of them are different. For example, the law is promised or guaranteed by the state power. But in contrast with the law, the morality has its effect only in the heart of people.调整范围And finally, as far as the regulating extension is concerned, the extension of the law is much wider than the morality. As we know, some behaviors simultaneously don’t conform to the law and the morality. So such behaviors can be regulated by the law as well as the morality. But we can see that there are some slight behaviors. They just go against the morality but not against the law. For example, some adults don’t care much about their old parents. So when such behaviors are very slight, they should just be regulated by the morality but should not be regulated by the law.Ok, that’s all for this question.司法公正与司法效率Judicial justice and the judicial efficiencyFirstly, I want to distinguish the two meanings of the judicial justice. The first o ne is the procedural justice while the other one is the substantive justice. For exampl e, the due trial process is the procedural justice while the trial result is the substanti ve justice. So what is the relationship between the judicial justice and the judicial eff iciency? Briefly speaking, the other way we consider the justice is the efficiency. The justice that is lack of efficiency is meaningless. This is just like the meaning of a pr overb that the late justice is non-justice.How to coordinate the relationship between the judicial justice and the judicial e fficiency? In my opinion, we should stick to the primary principle that the judicial j ustice has the priority over the judicial efficiency. There are several reasons. It is no doubt that the primary purpose we build up the judicial system is to protect the ri ghts of the citizens and at the same time punish what are against the judicial justice. So based on such arguments, I want to say that when judging the significance betw een the judicial justice and the judicial efficiency, we should choose the judicial justic e to be more important.But this is not to say the judicial efficiency is of no significance at all. On the c ontrary, I want to say that we should not neglect pursuing the judicial efficiency. No w let me give my reasons of this view. First of all, for the litigants in a lawsuit, in t he process of pursuing the ideal result of the litigation, their energy is limited, their money is limited, and their time is limited too. So judicial efficiency is of great impo rtance for them. It is not strange that they hope to solve their problems or the disp utes in a minute since the litigation starts. And even for the accused in the criminalprocedure, they want to finish the litigation soon because the long litigation is very p ainful for them. And the second reason the importance of judicial efficacy is that, as far as the state is concerned, as the neutral party of for example the litigation, t he judicial resource is limited too. For many years, the judicial specialists and the pr actionors have tried their best to seek some measures to solve the most judicial probl ems at the least cost. For example, take the jury system in America for example, in some complicated cases as the Simpson case in 1999, it cost the judicial resource mu ch morr than expected.So my conclusion is that we should not stick to the judicial justice only or the j udicial efficiency only. We should fully examine the self-value of either the judicial ju stice or the judicial efficiency.●程序正义与实体正义procedural justice and substantive justice●大陆法系与英美法系比较？――两大法系的区别Could you tell me something about the separation of judicial system?The term Anglo-American Law System refers to the system of law developed in Englan d and transferred to most of the English-speaking world. It is distinguished from the Contine ntal Law System used in Continental Europe, and in those nations settled by European peopl es. Both the two systems are the basis of law in most of the western world.The continental law system can be traced back to Roman law, which extended to the lim its of the Empire. It received its modern impetus from the early nineteenth-century French c odes of law created by French jurists.The differences between the two can be put as follows:Firstly, in the process of the formation of the continental law system, the jurists have played an important role, while the judges have contributed a lot in the format ion of the common law system.(法学家、法官)Secondly, I want to compare the representation of the different laws. The contin ental law system is famous for its statutory law and the common law system is famo us for its case law.（制定法、案例法）Thirdly, each system has its particular angle of view. For example, the continen tal law system pays its attention to the substantive law but the common law system pays its attention to the procedural law. The latter underlines trials、procedure、proof a nd execution.(实体法、程序法)Fourthly, the differences in composition of the two are apparent. In the Continental La w System, public law and private law are the basic classification, and the civil law are the ba sic classification, and the civil law plays an important role in it. While the basic parts of the Anglo-American Law System are common law and equity law, and public law is the key pa rt of it.（公法私法、普通法衡量法）In fact, there are many other differences between the continental law system an d the common law system. But in fact, each system has it own merits. For example, the continental law is better for its stability, and the common law is better for its flexibility. So in the development of each law system, many of the merits are introduce d into each other. And even today, when we are considering developing the judicial s ystem, investigating the particular characters of each of the judicial system is very i mportant.对司法独立有什么看法？(judicial independence/ independence of jurisdic tion)First of all, I want to say that the judicial independence is of great importance. When we are talking about the judicial independence, it is no doubt that we can all be aware of how important the law is. In fact, in the process of building the legal s ociety and the harmonious society, law is taking a great role in this process. And in order to make full use of law to rule the country, the independence of law is very i mportant. However, we can see that sometimes the ruling by law is interrupted by m uch resistance. For example, because of the political system of China, our courts are often interrupted by the People’s Congress, the government and so on.To make the meaning of judicial independence even more clearer, I have to say t hat the judicial independence in china refers to the courts’independence but not ref ers to the judges’independence. As we can see, the chief judge of our Supreme cour t is elected and appointed by the NPC(National People’s Congress), and it is regulat ed in the constitution that he has to give a report about the affairs of the court syst em annually to the NPC. And the local courts of China are functioned in a similar way. So we can see that when talking about the judicial system of China, we can no t confuse it with that of Americans.So now I want to say something about the judicial independence of America. A nd one phrase that can not be neglected here is the principle of checks and balance s. The U.S. Constitution provides for three equal and separate branches of governm ent. They are executive branch, legislative branch and the judicial branch.Each of the three branches is to some extent dependent on the other two and t here is a partial interweaving of their functions. For example, the President suggests legislations to the Congress and may veto legislations passed by the Congress; the Pr esident appoints federal judges and may grant pardons from punishment for offenses against the United States; the Congress appropriates funds for the executive branch and the judicial branch and may impeach and try members of the executive branch or the judicial branch; the courts may declare any presidential or executive action u nconstitutional and may declare Congressional legislation unconstitutional.So in a word, what I want to say at last is that when talking about the judicia l independence, we should pay attention to its particular political system as well. Onl y by this way, can we fully understand the judicial independence.中国司法制度评价（法制改革的必要性Do you think the legal system need s ome reform ? Why? ）――judicial system司法制度现状Judicature is one of the important forms of the enforcement of law. In China, th e subjects of judicature are only the court and the procuratorate. Relevently, the system of judic ature is made up of two parts: the system of people’s court and the system of the people’s procur atorate.In China, the power of judicature is divided into the powers of adjudication, powers of prosecuti on and the powers of legal supervision. The people’s court exercise the powers of adjudicatio n, and the people’s procuratorate exercises the powers of prosecution and the powers of legal su pervision.From the foundation of China, three main procedure laws were issued in succession. They are t he criminal procedure law, civil procedure law and administrative procedure law. In trial, the c ourt follows the principle of public trial, the independence of judicature, the system whereby th e second instance is final, the people’s jury system and so on.The procedure of lawsuit mainly contains the procedure of first instance, procedure of second i nstance, summary procedure, procedure for trial supervision and procedure of execution. Now, we are improving the system of evidence, procedure for review of death sentences and so o n. To view the China’s system of judicature, we may see that the legislation concerning procedu re law is in the process of further improvement, and judicial reformation is also under way.First of all, I want to explain what the judicial system is. In fact, there are two meanings of judicial system. And the difference between them is their extension. Whe n talking about the judicial system, somebody just refers to the systems that are rela ted to the nation’s judicial bodies, for example, the criminal investigating system, the prosecuting system, the trial system, the jail system and so on. The broader meanin g of the judicial system dosen’t confine into the systems relating to the judicial bodi es. They are relating the other judicial bodies as well. So we can see that these syste ms are also the judicial systems in China, for example, the lawyer’s system, the not ary system, the arbitrational system, the mediation system and so on.Since the birth of the People’s Republic of China, the judicial system have been constructed and developed greatly. And it is no doubt that the judicial system has be en playing a very important role in the society. Several tips can be taken to explain the situation. For example, as far as the criminal area is concerned, since the buildin g of the security system, the prosecution system, the People’s court system, many cri minals have been arrested and convicted, this leads not only to the punishment and t he education of the criminals, but also the protection of the due rights of the victims and the other people. Ok, let me take another example, for example, in face of the civil disputing, in the old days, people often tend to solve the problems by themselves. This may leads to some severe problems and can not settle the problems completely. But now the people have many other choices to solve such problems. As we can see from what the diverse systems I introduced just now, when a person is considering solving a problem with the other people, for example, a contract disputing, he can find lawyer to help him, he can go to the notary for help, or he can go to the court directly.So, judging from these arguments, we can safely draw a conclusion that the judicial system is very important, we need them in our daily life. But, to our disappointment, there is no doubt that there are many problems of our judicial systems correspondingly. Generally speaking, the efficiency of our judicial bodies are more or less lower than what we expect, the rights of the people are not properly and efficiently protected. For example, as far as the criminal procedure cod is concerned, some of the rights that are publicly and generally recognized all over the world are not listed in our cod. In contrast with the west developed countries, our protection for especially the accused is far behind that of those countries. In the criminal procedure, the accused does not have the right of silence, and he does not have the right to have his lawyer be present when he is questioned by the police or the prosecutors, and so on.So, I want to say, our judicial systems need some innovations indeed. And our principal for the innovation is that we should conserver what is accord with the situation of our country, and alter the systems that are not beneficial to us. So I think several tips can be conducted to improve our judicial system.Firstly, we should strive to do legal research in order to distinguish what is beneficial to us and what is harmful to us. Secondly, the practitioners must have discovered many problems of the judicial systems. So during the process of innovating the judicial system, the advices or the suggestions of them are very valuable and should be taken into account. Thirdly, there is a longer history of modern judicial system of the foreign countries, especially the developed countries. And there must be many advanced judicial systems of them. So what we should do is to learn from them and introduce whatever is beneficial to us.The reform in legal system is one of the important forms of law development. It means reformin g from the content to the form of law, from the enactment to the enforcement of law, to meet th e needs of changing society. Here, I just want to talk about the characteristics and reasons of th e reform in legal system.The initial aim of the reform in legal system is mainly to establish an efficient and coordinated l egal system. So, its tasks are to create some branches of law, draw up new laws, and abandon o r modify some old laws. For example, during the process of reformation, China has created the economic law, the business law , the environmental law, and so on. In more than 2000 laws a nd regulations issued from 1949 to 1979 , half of them were abandoned, one fourth were modifi ed, and one fourth keep valid.With the improvement of the legal system, people pay more attention to the effect of law. First, p eople are more concerned with the operation of law in legislation. Second, the reform in the syst em of judicature is put on the agenda. Third, the improvement of the supervisory system of law i s paid more attention. In short, in this stage, the core of reformation is to improve the operating system of law.But, what’s the ultimate goal of our reform? I think it is to realize rule by law. Meanwhile, to pr otect the rights of citizen is also its mission.As we see, the reform in legal system is always accompanied by other social reforms. It’s one of the characteristics of the reform in legal system. Besides the inner conflict between laws, the reform in economic system and political system are the impetus of reform in legal system.Only if the law adapts the development of society, it could bring its functions into play. But ,th e reform may be a long process, and we look forward to the coming of a society ruled by law.●法治――constitutionality/ rule by law/ government by lawFirst of all, I want to explain what is the “rule of law”. Simply speaking, “rul e of law”means that administer a country or manage the state affairs by law. The “rule of law”has many characteristics:Firstly, the legislative body should make the law open and definite. That means that since the born of law, it should be known to all the citizens and the meaning of the law should be apparent.Secondly, the judicial power of a country should be neutral and independent. T hat means that, for example, the judges be neutral to the litigants and the judges ar e only responsible to the law but not to anyone else.Thirdly, there should be several systems to safeguard the neutrality ant the inde pendence of law. This is very important. As a matter of fact, in some so-called the “rule of law countries”, there does exist a system of laws. But because of lack of s ome necessary surveillance, the neutrality and the independence of law of these count ries are often interrupted or even destroyed.In fact, there are many other characteristics of the “rule of law”. For exampl e, the power of the government should be strictly restricted by law and the right of the citizens should be properly protected by the law. And now, I want to turn this t opic to another word which is very similar to the “rule of law”. In Chinese, the t wo words share the same pronunciation:法制、法治. And in fact, the two words were often misused in China years ago. However, the two words are totally different from each other. I think the “legal system”refers to a system composed of a series of elements of legal issues.Now, China is undergoing a great project of building a “rule of law”country. And I think it is the basis for building up a state of socialist legal system to adminis ter the country according to law. Actually speaking, in face of the great goal, there must be much resistance before us. But I think, no matter how difficult it is, it is n o doubt that we will achieve this exciting goal.●对民主的认识――democracyAt first, I want to say that it is very hard to make a precise definition of what democracy is. In fact, even the textbooks have different views about this definition. But generally speaking, the opposite word of the democracy is the “dictatorship”. Ok, when asked my opinion about the democracy, I want to generalize some characters of democracy and contrast it with its opposite word, dictatorship.国家的一切权力归属于人民So the first character of democracy I want to say is that the state power is fundamentally attached with the people. In the feudalistic soci ety, the emperor or the king often proclaimed that his power was granted by the go d or the supernatural power, so the people or the citizens were to be ruled naturally. But in the modern democratic society, it is accepted that what the emperor or the king have said before is absurd. Now we believe that only the people have the state power to govern ourselves.政府权力必须是有限的，受到有效约束的The second character of democracy is th at the state power is limited and it should be restricted. We can easily imagine that if the state power is very powerful and not restricted, what will happen? It is no do ubt that the due rights of the people are prone to be easily infringed. And the unres tricted power will even lead to dictatorship. So restricting the state power is very im portant.民主的权力自身要有约束,公民享有平等参与政治生活的权利和自由The third char acter of democracy is that the democracy itself should be restricted. It is emphasized that that the citizens have the equal political rights. So we can see that the citizens have the equal rights to vote, and they have the equal rights to select the figures th ey like to be the leaders, and they have the rights to be equally protected by the la w or the state power.少数服从多数，多数尊重和保护少数的民主决策原则The last character of democ racy I want to say is that it has a very important principle. That is the minority sh ould submit to the majority, and the majority should respect and protect the minorit y. I think democracy does not mean that the people should have the same opinions o f all the issues. And that is impossible. So at this situation, this principle is very imp ortant, not only the rights of the majority are realized, but the rights of the minorit y are also protected.Do you think that states has the right to take citizens' lives?死刑存废问题There has been such a long time for the discussion of the abolition of death penalty since the great Italy criminal expert Beccates brought up his clear objection of death penalty in 18TH Century .As a whole ,it is predominate that more people think the country has no right of taking citizens' lives .As for me ,I am also in favor of this opinion. Firstly, the right of being alive is the basic and most important one to a person and also the whole country. As it is so- called “natural right”, I don't think the country has the right of disposing the natural right .In addition, citizens' live is the basic part of a country .No citizen' live, no country !Secondly, as we all know, the country is shaped by the giving away of citizens' public right ,so no doubt thatcitizens are the owners of the country and the country has no right of taking the owners' lives .Thirdly, from the origin of the country ,we can conclude that the country has the obligation of defending its citizens' lives .In a word, theoretically, the country has no right of taking citizens' lives.However, there are some cases that one person takes another' live .In this condition, as a solution to this problem and also a way of stabilizing the society ,I think it is sometimes necessary for the country to take one's live as a punishment .And we can see there are always mixed factors for the a country's criminal sys tem ;especially whether we should take the death penalty into consideration .We shou ld realize that the factors such as the cultural background . the history . the conscio usness of the citizens'.the safety condition .the influence of a case and so on are so d ifferent from one country to another .The most important thing is to take the most s uitable measure for its own country ,that is to mean do what is consistent with the s ituation of a country .In a word ,since the fact is complicated ,we should compromis e before the reality although to some extent we admit that the death penalty should be abolished theoretically .For example , based on the situation of China in the recen t years, I don't think it is the right period for the criminal system to abolish the de ath penalty.●对现行民法体系的看法？――civil law systemAbout the system of China’s civil code, there are three standpoints in the field of the scie nce of civil law. They are idealism, romanticism and realism. The idealism holds the Roman law in esteem, aiming to promote the status of personal law. The romanticism advocates t o draw up a loose civil code. While the realism stresses to respect the custom of our legal syst em, preferring the system from overall to fraction.But about the concrete design of civil code, though there are many suggestions, most sch olars choose the stand of realism. For example, some scholars think the civil code should con tain six parts as follows: the general principle, personal rights, real rights, intellectual right s, rights of inheritance, creditor’s rights. Some scholars deem the civil code should contain se ven parts, as follows: the general principle, real rights, creditor’s rights, rights of relative, ri ghts of inheritance, intellectual rights and torts.The views above have some resemblances in content, but also have many differences. Th e question is why they all choose realism in the design of the system of civil code. In fact, ther e are two style about the system of civil code. One is the style of Roman, accepted by Franc e, Italy and so on. The other is the style of Germany , accepted by Germany and its follower s. From the reform in legal system in the late Qing Dynasty, we have accepted the style of Ge rman’s system of civil code and its concepts, principles, institutions and theoretical system. T he arrangement of chapters and sections, concepts we are using and system of civil rights in t he general principles of civil law in force, apparently drawn lessons from German’s civil cod e. So, it is not surprise that so many scholars choose the realism.●对我国法律体系的看法――law systemFirst of all, let me try to explain what the law system is. Generally speaking, the l aw system refers to the inner structure of the law. The overall law can by divided i nto many different branches. And I think the law system is like a pyramid. Each br anch of law locates at different levels of the pyramid owing to their different effectiv eness. So we can see that the constitution is at the top of the pyramid. And we can see that because of the lower effectiveness, there are many branches of law under th e constitution.In China, there are four levels of laws in the law pyramid. As I have said just no w, the top level belongs to the constitution. There are several basic laws lying in the second level of the pyramid. They are the subsidiary branch of the constitution. Thi s group of basic laws are the criminal law, the administrative law, the civil law, the litigation law, the economic law, the marriage law and the labor law. And the laws o f the third level of pyramid are the subsidiary branch of the second level, for examp le, the intellectual property law. Correspondingly, the laws of the fourth level of the pyramid are the subsidiary department of the third level, for example, the copyright law.One point that I want to mention here is that the law system has a character of unification. For example they are located systematically like a pyramid. And it has a nother character: alternation. They are both the inner characters of the law system. As the society atmosphere changes, the law system will change too. For example, whe n a new country is built, the law system may change correspondingly. So, one famou s political phrase can be used here. That is: The superstructure is determined by the economic foundation.The system of the science of law is an interrelated entirety made up of many branches of the sci ence of law. As a theoretical system, it is changing with the legal theory and practice of law. To specialize the research, people divide the system of the science of law into many concrete bra nches according to certain criterions. But because of different angle of observation and researc h, the division varies from person to person. On the whole, criterions are mainly following: taki ng the object of research as criterion, the system is divided into the science of Constitution, the s cience of penal law, the science of civil law and so on; taking the level of research as criterion, i t is divided into the science of theoretical law and the science of applied law. The other criterion s are the scope of research, the method of research and so on. But to evaluate if such division i s scientific, two factors should be considered. The first is whether the division accords with the r eal appearance of the science of law. The second and more important is whether the division ac cords with logical rules.In china, the division of the science of law shows a complicated picture. Some scholars divided i t into five classes. They are the science of theoretical law , the science of applied law, the scienc e of the history of law, the science of domestic law, the science of international law. Some schol ars divided it into six classes. They are the science of theoretical law , the science of the branc h of law, the science of the history of law, the science of legislation, the science of internationa l law and the science of marginal law.The phenomenon of the science of law has complicated relations, so it is difficult to find a divisi。

人大法律硕士考研真题(复试部分)

人大法律硕士考研真题（复试部分）本内容凯程崔老师有重要贡献简述法律解释体制的总体特征。

2.立法解释在法律解释体制中的效力位置。

3.什么是特定问题调查制度?4.特定问题调查制度的意义何在?5.春秋时期铸刑书的原因，同时期相似的历史事件。

6.概括叔向说理层次，并结合当前社会情况对德治与法治的关系加以评论。

7.索取高利贷赌债等非法债务扣押拘禁他人的，定非法拘禁罪。

8.结合刑法的规定分析这一解释的理由，并谈谈你的看法。

9.什么是特定问题调查制度10.特定问题调查制度有什么意义11.分析“最高法的司法解释，行为人为索取法律不予保护的债务，非法拘禁他人的，定非法拘禁罪”。

这一解释的理由，谈谈你的看法。

12.法律规则和法律原则的区别13.引申：法律规则和法律原则的区别中，所谓的“适用于特定的、具体的情形和范围”到底指的是什么?14.合同的必备条款15.受贿罪的构成要件16.人民法院报2014年11月1日，全国人大常委会首次在民事领域做出立法解释，关于姓名权。

该立法解释是应最高人民法院请求做出，是为了法院在审理相关案件时提供明确的法律依据。

(1)简述我国法律解释体制的总体特征。

(2)结合材料谈立法解释在我国法律解释体制中的效力位置。

17.汉书·刑法志春秋之时，王道浸坏，教化不行，子产相郑而铸刑书(1)。

晋叔向非之曰(2)：“昔先王议事以制(3)，不为刑辟。

惧民之有争心也，犹不可禁御，是故闲之以谊(义)(4)，纠之以政(5)，行之以礼，守之以信，奉之以仁(6);制为禄位以劝其从，严断刑罚以威其淫。

惧其未也，故诲之以忠，悚之以行(7)，教之以务(8)，使之以和(9)，临之以敬，(10)莅之以强(11)，断之以刚(12)。

犹求是哲之上(13)，明察之官，忠信之长，慈惠之师。

民于是乎可任使也，而不生祸乱。

民知有辟，则不忌于上(14)，并有争心，以徵于书)(15)，而徵(侥)幸以成之，弗可为矣。

夏有乱政而作禹刑，商有乱政而作汤刑，周有乱政而作九刑(16)。

中国人民大学法律硕士复试题目

中国人民大学法律硕士复试题目（一）英语1、你对死刑的看法2、谈谈你对恐怖注意的看法3、你想当律师还是法官，为什么4、你为什么选择人大5、简单介绍一下中国的司法体制6、你被录取后有什么打算7、谈谈你对中国法律制度的认识8、谈谈我国的市场经济和西方国家市场经济的异同9、你喜欢大城市还是小城市10、谈谈法律教育11、你为什么考法律硕士12、入学后你有什么打算13、伊拉克战争对中国法律制度有什么影响14、做自我介绍15、你怎样定义法律16、你对中国的法律体系有什么看法17、中国司法体制的运行18、中国司法改革如何进行19、你相信中国会实行法治么？为什么？（二）专业课1、中国的奴隶制五刑2、合同的分类3、民法的代理4、两大法系的区别5、刑法的效力6、香港特别行政区高度自治权的表现7、犯罪行为和犯罪结果的因果关系的唯物注意思考8、法律解释的作用9、民族自治区的自治权10、法律制定的特点11、民法的原则12、法律对人的效力13、继承法的原则14、商鞅变法的内容15、关于无因管理16、清末修律的特点17、债的分类18、中国土地法大纲的内容19、未遂犯的定义、特征20、一般累犯的构成要件21、宪法的根本法地位体现在那里（三）笔试部分题目：名词解释和简答法理1，法律规范，法律事实2，简述法律原则的概念和功能法制史1.奴隶制五刑2.简述《唐律》的结构宪法1.言论免责权2.简述我国选举制度的基本方式刑法1.结果加重犯，贪污犯2.简述犯罪中止的概念，特征，处罚原则民法1.担保物权，名誉权2.简述债的保全方式09人大复试题目9o3A3O6^.M*t4L.R(u/h英语-听力不难用心差不多都能搞定，我自己考时出了点小差错:椅子坏了老师不理还好后来老师允许换了！口语面试题目我抽的是：whatdoyouthinkofwelfaresociety我就瞎说什么我们要建造和谐社会，所以福利社会也是应有之义，政府应该如何如何，企业应该如何，社会应该如何，再扯了下金融危机之下构造这一社会的重要性及重大意义等等。

年人大法学考研复试详情和复试真题

2018年中国人民大学法学考研复试详情和复试真题参加复试的一共142人，最后录取120人。

具体专业情况如下：法学理论专业：进复试22人，录取17人；最少6名考生为二战。

录取的最高分为412分，最低分为352分，有362落榜的情况。

法制史专业：进复试8人，录取6人，二战的考生3人以上。

录取最高分为381，最低分为360。

宪法学与行政法学专业：进复试5人，录取8人。

从其他专业调剂了3人，。

二战的考生2人以上。

录取的最高分385，最低分为351.刑法学专业：进复试23人，录取17人。

二战的考生不明，数量很少，认识的十几个人都是一战的。

录取的最高分392，最低分为353.民商法专业：进复试23人，录取18人。

有几人调剂到了其他专业。

二战的考生3人以上。

最高分为393.最低分为352.诉讼法专业：进复试24人，录取19人。

二战的会员四人以上。

最高分为392，最低分为357.经济法专业：进复试8人，录取11人，有从其他专业调剂过来。

二战的会员3人。

最高分为409，最低分为351.环境法专业：进复试6人，录取4人，二战的考生3名。

最高分为377，最低分357国际法专业：进复试7人，录取7人。

二战的会员1名。

最高分为378，最低分350知识产权专业：进复试14人，录取11人。

二战的会员四人以上。

最高分400分，最低分354.比较法专业：进复试2人，录取2人。

最高分359，最低分352.备注：录取的考生里包含骨干计划的考生，但是最低分的统计不包含骨干计划。

已经录取的考生，现在就没有什么事情了，在5月份，法学院会发布《关于我院2018年拟录法学硕士、法律硕士政审、调档、党组织关系与户籍等工作的通知》。

届时，考生会接到人大法学院发的挂号信，然后自己按照要求去政审和调档。

邮寄给人大的时候，一定要把人大法学院的收件地址写准确。

人大只有政审合格才会发通知书，但是这都是形式，政审都不会出问题的。

录取通知书大约在5月底到6月初拿到。