Postgraduate Training Program of First-level Discipline in Law (2019 edition)
(First-level discipline code: 0301 awarded master of Laws degree)
I. Introduction to the subject
The research field and direction of the discipline of law cover a wide range, which can be generally summarized into two categories: theoretical law and applied law.The former takes the abstract concept, category principle, principle, value and idea in legal phenomenon and its law as the research object, mainly discusses the essence of law, function of law, value of law, methodology of law and other basic theoretical problems.The latter takes the specific techniques, procedures, norms, relationships and behaviors in legal phenomena and their laws as the research objects, and mainly studies the law implementation in each specific legal department.
The main trends of the development of jurisprudence are as follows :(1) with the increasingly prominent role of the rule of law in modern social governance, law is becoming more and more a science of governing the country, managing the world and saving the people;(2) Since the middle of the 20th century, law, economics, sociology and other humanities and social sciences have been constantly intertwined, forming interdisciplinary and marginal disciplines such as law economics, law sociology, and law hermeneutics, broadening and deepening the field of vision, methods and explanatory power of law research.(3) in order to solve the social transition of increasingly complex social contradictions, increasingly, the pattern of diversity in the interests of preventing and reducing the risks and uncertainties, respond to the needs of social development law, in order to solve specific problems for the purpose of the divisions, beyond the traditional department law of medical law, health law, emerging disciplines such as physical law;(4) under the background of globalization, the internationalization of domestic law and international law in domestic trend, especially in enterprise regulation, contract trade, macroeconomic regulation and control, environmental protection, intellectual property rights in areas such as law, appeared the trend of mutual penetration and mutual reference, soft law, demonstration method, such as beginning, opens a new space for the study of the traditional law;(5) The arrival of the information society and network era has posed challenges to legal research and brought new opportunities. Information law, network law, e-commerce law and electronic evidence Law have emerged at the historic moment and become the frontier fields that cannot be ignored.(6) The awareness of Chinese issues and Chinese elements in legal studies are increasingly prominent, especially in judicial reform, law-based government, diversified dispute settlement mechanisms and other fields;(7) In terms of research methods, compared with the original qualitative analysis and conceptual law, quantitative analysis and empirical research are more and more applied, which enhances the scientific, normative and systematic nature of legal research.After the formation of the socialist legal system, the development of the discipline of law has entered a new stage of development. Its focus has been constantly developing from legislation to legal interpretation, and a large number of empirical studies have been carried out aiming at the specific problems constantly appearing in social practice. The scientific and practical nature of law has also become more prominent.
The discipline of law of Jiangxi University of Science and Technology was granted the right to confer master degree of law of environment and Resource Protection in 2006, and began to enroll master degree students in 2007.In 2010, it was granted the right to confer master's degrees in first-level disciplines of law.There are more than 30 teachers, including 3 professors, 15 associate professors, 8 doctors of law, 2 young and middle-aged backbone teachers in Jiangxi province, 18 tutors for postgraduate students, 4 cooperative tutors, and a group of part-time off-campus tutors.In the past three years, more than 120 papers have been published, including more than 50 papers in national Core Chinese journals and CSSCI source journals and retrieved by SCI, EI and ISTP.Published 16 books;It has completed a number of national and provincial level courses, and is researching more than 40 national and provincial level subjects.This discipline is one of the first batch of outstanding legal personnel training bases in Jiangxi Province, and is the key construction discipline of Jiangxi University of Science and Technology.Subject to MCUH humanities social sciences key research base and ganzhou city in jiangxi province institute of local legislation as the backing, surrounding areas and industry's economic and social development of strategic resources protection and utilization, local governance, ecological civilization system, environment resources comprehensive control of crime and other major issues in-depth study, a series of research results.The discipline has established long-term good cooperative relations with provincial and municipal legislative, law enforcement, judicial organs and law firms, and has established an excellent training base for legal talents.
For the implementation of the Ministry of Education, the National Development and Reform Commission, Ministry of Finance, the opinions on deepening the reform of postgraduate education (research [2013] no. 1) and the academic degrees committee of the State Council, the Ministry of Education on strengthening degree and postgraduate education quality assurance and supervision system of the construction of the opinion "(degree [2014] no. 3) regulation, improve the quality of postgraduate cultivation, combined with the actual situation of our university law subject, making this training plan.
Ii. Main research directions
1. Constitutional and administrative law
This research focuses on the basic theories and applied professional knowledge of administrative law and administrative litigation law, with special attention to the application of constitutional law and administrative law theories in the fields of rule-by-law government, environmental law, local legislation and local regional governance.There are four research directions:
(1) Administrative Law
(2) Administrative Procedure Law
(3) Theory and practice of government by law
2. The punishment law
Punishment law research direction based on the application and practicality of punishment law, pay attention to their own professional characteristics, pay special attention to the concrete application of punishment law research, especially in the basic theory of criminal law (such as the basic principles of criminal law, the subjective fault theory, theory of accomplice, stop form theory), environmental crime, duty crime and economic crime, violence, terrorism crime, corruption and bribery crime, criminal compulsory measures, etc, a great deal of theoretical reflection and empirical study, and emphasizes the significance of criminal procedure law to realize the value of criminal law, adhere to the research of criminal integration.There are three research directions:
(1) Theory and Practice of Criminal Law
(2) Theory and practice of criminal Procedure Law
(3) Environmental Criminal Law
3. Study of Civil and Commercial Law
Civil law is the most basic legal system of market economy and plays an important role in the construction of rule of law and the development of market economy in China.Commercial law is a special law of civil law, and its theoretical development is closely related to the development of civil law theory.This research direction is mainly engaged in the theoretical and practical research of civil and commercial law, including the basic principles of civil law, property law, debt and Contract Law, tort liability law, marriage law and inheritance law, intellectual property law, company law, enterprise law, intellectual property law and other aspects of theoretical and practical research.There are two research directions:
(1) Theory and Practice of Civil Law
(2) Commercial Law theory and practice
4. Law on environmental and Resource Protection
The law of environment and resource protection is a new interdisciplinary subject.The process of perfecting the law of environmental protection is the process of human understanding nature, transforming nature and coexisting harmoniously with nature.Based on the practice of environmental and resource protection in China, this research focuses on the construction of environmental and resource protection law theories and relevant legal systems.Through the study, the graduate students will have the ability of scientific research, teaching and legal practice consistent with the research direction.There are three research directions:
(1) Basic theory of environmental law
(2) Pollution prevention and control method
(3) Natural resources Method
Iii, training objectives
The master of Law aims at cultivating high-level legal application talents and legal theory research talents with high comprehensive quality, strong scientific research ability, practical ability and innovative spirit, solid basic theory and systematic professional knowledge of law, independent ability to engage in legal research, law teaching and legal practice, and excellent character and learning.The specific requirements are:
1. A good grasp of marxism-leninism and MAO zedong thought, deng xiaoping theory and "three represents" important thought and the basic principle of the scientific outlook on development, uphold the party's basic line, love the motherland, law-abiding, honest, dedicated, good moral character, unity cooperation, to maintain the authority and the dignity of the law, to serve socialist modernization, especially the rule of law construction.
2. Master the basic theories of law systematically, be familiar with the basic theories of the discipline and research direction, understand the knowledge of relevant disciplines, research frontiers of the major and research trends at home and abroad, and have a reasonable knowledge structure;I have a rigorous attitude towards study, a strong dedication to work, a good academic accomplishment, a good style of study that seeks truth from facts, adheres to truth, combines theory with practice, and is modest and prudent, and strictly observes academic ethics.Can think independently, study assiduously, have the courage to explore and innovate, have strong ability to discover, analyze, solve legal and legal problems and scientific research writing ability, have the basic quality of scientific research and creative thinking ability;Can master and use the correct research direction and scientific research methods.
3. Have a good command of a foreign language, be able to read and translate foreign materials of the major, and have certain listening and speaking skills.Ability to use computer, network and common software for word processing, document retrieval and other activities.
4. Insist on physical exercise and have good physical and mental quality.
Iv. Length of study and credit requirements
The length of schooling is 3 years, the normal length of schooling is 3 years, and the longest is not more than 4 years.The duration of the course is 1.5 years, and the duration from the thesis proposal to the application for defense is not less than 1 year.The credit system is adopted for course learning. The total credits taken by graduate students shall be no less than 34 credits, including no less than 29 credits for courses (no less than 19 credits for degree courses, no less than 10 credits for non-degree courses) and 5 credits for compulsory courses.
5. Cultivation methods
The tutor responsibility system or tutor group responsibility system shall be implemented in postgraduate training.The supervisor (group) shall guide the whole process of graduate student training, be responsible for formulating the individual training plan for graduate students, guide the graduate students in scientific research, judicial practice, dissertation proposal, writing and defense, and guide, demonstrate and supervise the graduate students' academic accomplishment and academic ethics.Postgraduate training to implement the interim assessment system, by the college graduate work leading group for the organization of the interim assessment, assessment unqualified must not enter the next link.The course study implements the credit system and requires the required credits to be completed before the application for defense.
Vi. Curriculum Setting (see curriculum setting table)
Vii, compulsory links
Compulsory courses include teaching and research practice, social practice and professional practice, academic discussion and academic report, professional literature reading, and dissertation opening report.
1. Innovation and entrepreneurship practice for graduate students
The graduate students' innovation and entrepreneurship education activities aim at cultivating their innovation and practice ability, strengthening their entrepreneurship awareness and guiding them to carry out innovation and entrepreneurship.A total of 3 credits.(1) Listen to innovation and entrepreneurship forum, lecture or academic exchange, graduate teaching secretary review and sign, every 6 times will be counted as 1 credit;(2) Those who have won 1 prize in a provincial-level or above competition, or independently established a company and obtained a business license, or published a corresponding conference paper at a provincial-level or above innovation and Entrepreneurship forum will be counted as 2 credits;(3) Those who have won the first prize of innovation and Entrepreneurship competition at the municipal or university level will be counted as 1 credit/item;0.5 credits/item for the following second-class awards;(4) Presided over and obtained the provincial innovation special fund project for graduate students or the innovation project of young Marxist theory research, which shall be counted as 2 credits/item;1 credit/item for presiding over and receiving university-level innovation special fund projects for graduate students;(5) Law graduate students who carry out social practice and professional practice as required and pass the examination will be counted as 1 credit;(6) Participate in the research projects presided over by the supervisor and publish the research results in Chinese core journals (ranking first for graduate students, or ranking first for supervisor and ranking second for graduate students), 1 credit/paper;If the research results are published in CSSCI journals, or the published papers are reprinted in full by Xinhua Digest, Reprinted materials of Renmin University of China and Journal of Liberal Arts, or the research results have important social impact or have been approved by provincial and ministerial leaders, it will be counted as 2 credits/item.This research result is not calculated twice with the dissertation of postgraduate qualification.
Requirements for social practice and Professional Practice for graduate students: Social practice and professional practice will be arranged in the fourth or fifth semester for no less than 3 months.The main content is in the court, procuratorate, law firm and other legal practice departments or legislation, law enforcement agencies, corporate legal departments for professional practice, enhance the understanding of legal practice, enrich the theoretical knowledge and cultivate their own practical ability.Social practice and professional practice are arranged by the tutor (group).The tutor or graduate student should submit the internship practice plan to the school and the school for approval after determining the practice unit. The school and the school are responsible for the supervision of the social practice and professional practice activities of the graduate students.After participating in social practice and professional practice, a graduate student shall submit an internship log of no less than 60 days and a special research report of no less than 8,000 words, and the relevant department or unit shall write an assessment and comment on the participation of graduate students in social practice.The supervisor (group) shall assess the scores according to the assessment comments of relevant departments or units and the special research reports written by postgraduate students, and submit them to the school for examination and approval.Those who pass the exam will be counted as 1 credit.
2. Academic discussions and academic reports
Academic discussions and reports include attending academic events, holding academic seminars, etc.During the period of graduate study in school, at least 15 times should be academic activities, including attending academic lectures and academic conference, held off the college graduate secretary is responsible for the attendance, graduate students in advance to apply for graduation thesis reply before submit a summary report of not less than 6000 words, and the assessment of college graduate work leading group organization.At the same time, the supervisor (group) should create conditions to organize graduate students to write papers and participate in a large-scale international or national academic conference, so as to increase their knowledge and obtain academic research information.During the study period, graduate students should make no less than two keynote speeches at the symposium of their own discipline. Graduate students should determine the theme under the guidance of their supervisor (group), write a written academic report, and report it at the symposium.The supervisor (group) shall attend the graduate student's academic seminar and may invite other teachers and experts to attend the seminar. The meeting minutes shall be taken and signed by the supervisor (group) and submitted to the graduate secretary of the college for evaluation and archival filing together with the graduate student's academic report.
3. Literature review and opening report
Graduate students who have completed the course learning tasks prescribed in this training program and passed the mid-term examination may apply for the opening of their graduation thesis.Thesis proposal will be arranged in the middle and late of the third semester or at the beginning of the fourth semester.Graduate students applying for the thesis proposal should submit the following written materials as required:
(1) Literature review, that is, the literature review written by graduate students for the opening of their graduation thesis, must cover no less than 5 academic monographs, 30 Chinese core journals, papers from CSSCI source journals or above (including master's and doctoral theses) and other legal literatures related to the research topic of their graduation thesis, with a word count of more than 12,000 words.The literature review should conform to the requirements of academic standards for literature review for postgraduate students of law degree.
(2) Opening report.The opening report must state the title of the graduation thesis, the significance of the topic, research status, writing ideas, main points of view, master information and outline of the thesis and other contents.The proposal report shall be reviewed by an expert review panel organized by the school or academic institution.The expert review panel shall be composed of more than 3 (including 3) experts of the discipline. The review panel shall review the proposal report and propose specific evaluation and modification opinions. The proposal shall be approved only if more than two-thirds (including two-thirds) of the members agree to the proposal.
Other specific requirements shall be in accordance with the requirements of Jiangxi University of Science and Technology and the master of Law degree program on the topic selection, literature review and opening topic of the graduate degree thesis.
Viii, the degree basic requirement
(1) The basic knowledge required to obtain a master's degree in law
1. Be familiar with the basic theories of law, and be able to analyze legal phenomena and legal issues with reasonable application of legal theories;Master the basic research methods of law, develop legal thinking of legal persons, and skillfully use legal reasoning, explanation and argumentative methods;Ability to write legal documents and related official documents.
2. Systematically and firmly grasp the professional knowledge of the discipline;Be able to keep abreast of the latest developments and developments in his research field.Proficient in the application of legal research methods, and able to independently conduct certain academic research around their own research field.
3. Familiar with the basic methods and means of literature retrieval and information query;Master a foreign language proficiently, be able to read the foreign literature and materials of this specialty.
(2) The basic qualities required to obtain a master's degree in law
1. Love the major of law, form a firm law-abiding concept and respect for procedures;Independent academic personality and rigorous academic attitude, advocate scientific spirit, and have a strong interest in law;It has the accomplishment and ability to upgrade the general theory of law into the system theory of law.He can carry out legal thinking method and academic innovation spirit in all kinds of legal research.
2. Have a noble professional ethics, develop a good legal professional ethics, concentrate on the accumulation of legal theoretical literacy, have a correct learning purpose and motivation, and have the lofty ideal of making contributions to the country's economic and social development.
Love the motherland, loyal to the people, uphold the Constitution, abide by the law, honest and trustworthy, with national pride, social responsibility, noble personality and moral sentiment.
4. Advocate academic ethics, abide by the academic norms and academic integrity, perfecting the academic personality, cultivate one's morality is, loyal to the truth, and the style of study is rigorous, respect for others work achievement, abandon the plagiarism, falsification of avoid by all means, avoid churn out and repeated research, a boycott of academic misconduct, strive to become a good academic moral practitioners and supporter of good academic atmosphere.
(3) The basic academic ability required to obtain a master's degree in law
1. Have the ability to acquire knowledge by using a variety of scientific research tools and foreign languages; obtain valuable information by reading mainstream, classic and cutting-edge major literature in the field of law;Good ability to acquire knowledge through legal practice, academic communication, literature retrieval, etc.;Master the basic research methods required by law institute.
2. Can apply the basic principles of jurisprudence to analyze legal phenomena, propose and solve problems;Having the awareness of Chinese problems and the ability to solve Chinese legal problems;Have the ability to independently consult, collect, process and summarize academic materials and information, can track the forefront of the discipline, have strong scientific research innovation ability, have the ability to write and publish academic papers;Have the ability to preliminarily identify academic problems and analyze and solve problems;Have the ability to design, organize and implement empirical investigation and research, and can establish close contact with legal practice departments;Good communication and coordination skills.
3. Have strong academic communication skills, be able to skillfully use legal terms for academic exchanges, actively participate in various academic exchange activities, and constantly improve their academic communication skills and academic level.
4. Good psychological quality, rigorous logical thinking and innovative thinking, good understanding, memory and expression skills.
(4) Basic requirements for master of Laws dissertation
1. Master's degree theses shall be standardized and conform to the normative requirements of the national standard "Format for Compiling Scientific and Technical Reports and Dissertations" (GB7713-87) and "Rules for The Description of References after Papers" (GB7714-2005).Specific requirements:
(1) Reasonable structure, including Chinese and English abstract, table of contents, introduction, text, conclusion, notes, references and other basic content;
(2) Moderate length, text of more than 30,000 words;
(3) Reasonable quotation, standard annotation, no intellectual property disputes;
(4) Specifications for the use of terms, in which the expressions of countries, codes and professional terms, etc. conform to the general usage method and will not generate ambiguity or misunderstanding.
2. The dissertation of master of Law should be of high academic quality.Specific requirements:
(1) The thesis has appropriate topic selection and is of academic research value and practical significance;
(2) The paper reflects the domestic and foreign academic trends and the latest achievements in this field, with clear research objectives;
(3) The basic theoretical knowledge of law on which the thesis is based is correct;
(4) The research methods and conclusions of the paper are innovative in theory or practice.A new proposition, a new Angle and a new method are proposed to solve a specific problem in legal theory or legal practice.Or innovation with theoretical viewpoints in a particular research field;
(5) The research ideas and methods of this paper are highly feasible, and the data are true and reliable;
(6) Detailed information, clear, well-organized, logical, fluent, rigorous style of writing.
Ix. Other requirements
1. The examination of compulsory courses in non-degree courses adopts the form of the same class and same volume examination. The examination score of degree courses is 75 and the examination score of compulsory courses is 60 and it is qualified.Elective courses generally adopt the form of examination, score 60 is qualified.Only those who pass the examination can get the credit of this course.Only those with a weighted average score of 75 or above can participate in the dissertation defense.
2. The master graduate student during the period of learning requires at least to himself alone with the first author or mentor, first I second the author published in journals of colleges and universities above or social science class in the international academic conference proceedings (not including supplement, special, special issue, the album) published 1 paper above is related to its research direction, and the first signature unit must be the jiangxi university of science and technology.Publication is a prerequisite for dissertation defense.The thesis of qualification of defense does not double count with the innovation and entrepreneurship practice results of graduate students.
3. Graduate students applying for early graduation should meet all the following conditions:
(1) Have completed the required credits and have excellent academic performance (weighted average score above 85 points);
(2) The time interval between the opening of the graduation thesis and the submission of the formal draft of the graduation thesis shall be no less than six months, and the expert evaluation results of the graduation thesis shall be excellent (the average score of expert evaluation shall be above 85 points, and the evaluation results of each expert shall be above 80 points);
(3) One of the following achievements obtained during postgraduate study: a. The author or the first author or the second author or the supervisor is the first author has published at least 2 academic papers in the national Core Chinese journals, or at least 1 academic paper in the CSSCI source journals;B. Papers published by the author alone or by the first author or the tutor as the first author or by the second author are reproduced in the full text of Xinhua Digest, Photocopied Materials of The National People's Congress and Journal of Liberal Arts;C. The research results ranked top three by myself and ranked first by my tutor have produced important social influence, or have been approved by provincial and ministerial leaders, or have won provincial and ministerial awards or second prizes;D. Those who have won the second prize or above in provincial postgraduate research and innovation activities.
The first signed entity of the above achievements shall be Required to be Jiangxi University of Science and Technology, and shall not double calculate with the innovation and entrepreneurship practice achievements of graduate students.
(4) Applicants for early graduation must, on the premise of meeting relevant requirements such as outstanding graduates' GPA and academic performance, sign an employment agreement or take the examination for doctoral degree.
4. The graduate students who have graduated illegally from undergraduate courses shall not graduate in advance, and they shall take more than 3 major courses (including 3) of law undergraduate courses during the period of study, and the remedial courses shall be counted as examination results, but not credits.
5. This training program is applicable to the education and training of full-time postgraduate students in constitutional law and administrative law, criminal Law, civil and commercial law and environmental and Resource Protection law, as well as the education and training of postgraduate students in the above-mentioned second-level disciplines with the same educational level.
6. The training program has been implemented since 2019.The interpretation right of this training program belongs to the leading group of postgraduate work of the School of Grammar.
