Postgraduate Training Program for Law (Law) major (2019 edition)
(Professional code: 035102)
I. Professional introduction
The master of Law degree is a professional degree with legal professional background. It is to train high-level interdisciplinary and applied legal professionals for practical departments who have both political integrity and talent and meet the needs of socialist market economy, socialist democracy and legal system construction. It focuses on combining theory with practice and strengthens the cultivation of legal practical ability.
The law major of our university was founded in 1988 and approved as the Brand major of Jiangxi Province in 2004. In 2006, the Law Major of our university was approved as the master degree authorization center of Environment and Resource Protection. In 2010, the law major of our university was approved as the master degree authorization center of first-level discipline of Law.Is currently the key construction disciplines and characteristic specialties, our school has a key research bases on humanities and social science in colleges and universities in jiangxi province "environmental resources law research center", the environmental resources in jiangxi province higher people's court judicial theory research base and research base of ganzhou city local legislation () with ganzhou city people's congress and the central Soviet area legal research base;Jiangxi Province Law Society Environmental Resources Law Research Institute and The Central Soviet District Law Research Institute are attached to our school, and the secretariat is located in the law major.
The existing professional energetic, reasonable structure, strong ability in practice and theory foundation of good full-time teachers, including 3 professors, associate professor of 15 people, Dr. 11 people, with relevant professional qualification (lawyers, bankruptcy administrator, etc.) of 18 full-time faculty members, successively presided over by national social science fund, Ministry of Education of humanities and social science, humanities and social science in jiangxi province projects such as more than 30 national and provincial scientific research projects, published six monographs, textbooks of 12, in the law review, the political and legal and other core journals published more than 120, many achievements in jiangxi province social science outstanding achievement.The profession has employed senior judges and senior procurators from Jiangxi Higher People's Court, Ganzhou Intermediate People's Court, Fuzhou Intermediate People's Court and Ganzhou People's Procuratorate, as well as experienced lawyers and corporate legal personnel as part-time teachers.
Ii. Research direction
1. The administrative law
This direction main research: administrative law overview;The basic principles of administrative law include the principle of administration according to law, the principle of administrative rationality, the principle of due process, the principle of good faith, the principle of efficiency and convenience, the principle of supervision and relief, etc.Administrative subject, including administrative organization law, civil servant law;Administrative act, including basic theory of administrative act, administrative penalty, administrative compulsion, administrative licensing, administrative payment, administrative penalty, administrative expropriation and requisition, administrative planning, administrative guidance, administrative agreement, administrative confirmation, administrative investigation and inspection, administrative legislation, administrative justice, administrative emergency response, etc.;Administrative procedures;To supervise the administration;Administrative reconsideration;State compensation and compensation;Administrative litigation and other issues.This direction focuses on combining the basic theory and knowledge of administrative law with local legislative practice, administrative law enforcement, administrative trial and social governance practice, combining theory with practice, and solving legal problems in practical work.
2. The criminal law
This section mainly studies such legal issues as subjective offenses, application of the death penalty, environmental crimes, economic crimes, duty crimes, protection of personal rights in criminal law, intersections of punishment, criminal investigation and judicial system reform.
3. The civil and commercial law
The direction is mainly in the civil law, property law, commercial law, contract law, intellectual property law, marriage and family inheritance law basic theory and its practical application as the research content, focus from civil law and environmental law, the legal system of the central Soviet area intersection Angle to research and analyze the legal system in the field of civil and commercial law, to perfect our country civil and commercial legislation and solve practical problems in civil and commercial judicial practice to provide theoretical basis and reference.
4. Environmental and resource Law
This direction mainly studies the theory innovation and system supply of environmental and resource law in the system reform of ecological civilization;Study the legal system of pollution prevention and control, explore the mechanism of green development, and build a good living environment;To study the legal system of natural resources, pay attention to the innovation of the property right system of natural resources, and realize the sustainable use of resources;To study the legal system of ecological conservation, innovate the system of ecological conservation, and create a beautiful environment;To study the convergence point and coordination and communication mechanism between environmental law and related disciplines, and to pay attention to environmental infringement, compensation for ecological environmental damage, environmental public interest litigation, ecological inspection, green finance, green consumption and other ecological environment and natural resources legislation, law enforcement and judicial issues.
Iii, training objectives
To train high-level professional and practical legal talents with the concept of socialist rule of law, "simple thinking, honest, solid foundation and practical work" for the legal profession.Specific requirements are as follows:
1. Master the basic principles of Marxism, consciously abide by the Constitution and laws, possess good political and civic qualities, deeply grasp the socialist concept of the rule of law and the principles of legal professional ethics, and abide by the norms of legal professional ethics.
2. Master the basic principles of law, and have the legal knowledge, legal terminology, legal thinking, legal methods and professional skills required for the legal profession.
3. Be able to analyze and solve problems with comprehensive professional legal knowledge, have the ability to independently engage in legal professional work, and meet the corresponding job requirements of relevant departments.
4. Have a good command of a foreign language and be able to read professional foreign language materials.
Iv. Length of study and credit requirements
The length of schooling is 3 years, and the length of schooling is generally 3 years.The duration of study is 2 years, and the duration of dissertation work is not less than 1 year.The course setting and management are subject to the credit system. The total credits of master's degree students should not be less than 59 credits.Among them, the course credits should be no less than 39 credits (including 21 credits of compulsory courses and 18 credits of elective courses), 15 credits of practical courses and 5 credits of dissertation.
5. Cultivation methods
1. The teaching method is based on curriculum teaching, emphasizing and strengthening practical teaching, emphasizing the cultivation of the practical ability of combining theory with practice.
2. Set up a mentor group, which combines collective training with individual responsibility.The tutor group shall include persons with senior professional and technical titles or positions in the legal practice departments.According to the research direction of students, specific tutors are determined to be responsible for the cultivation of students and paper guidance, and experts from legal practice departments are invited to participate in the teaching and cultivation work.
3. The examination is divided into two forms: examination and examination. The examination courses should not be lower than 80% of the total subjects.Among them, compulsory courses generally take the form of examination, elective courses can take the form of examination, but also can take the form of examination.The assessment method can be flexible and diversified, focusing on the examination of students' professional ability and method of discovering, analyzing, judging and solving practical problems by using the professional theory and knowledge they have learned, so as to reduce the assessment of mechanical memory.
Vi. Curriculum Setting (see curriculum setting table)
Vii, compulsory links
1. Practical Internship (6 credits)
At least 3 months 'internship in judicial practice units such as courts, procuratorates, law firms, legal aid agencies, notary offices, or legal affairs departments of government legal departments, enterprises and public institutions.After the graduate student participates in the internship, he/she shall submit no less than 60 days' internship log and no less than 8,000 words' special investigation report, and the internship unit shall write an assessment and comment on the graduate student's participation in social practice, and the supervisor (group) shall evaluate the internship results according to the assessment and comment of the internship unit and the special investigation report written by the graduate student.
2. Legal document Training (2 credits)
Training in the drafting of contracts, articles of association, indictments, pleadings, application for arbitration, public prosecution, written judgment, written order, etc., will be taught by lawyers, prosecutors and judges.
3. Moot Court Training (2 credits)
There are four types of cases: criminal, civil, administrative and environmental. Graduate students can choose one of the dispute cases to carry out moot court, and graduate students can choose judges, prosecutors, parties and attorneys.Full-time teachers are responsible for organizing the moot court and inviting judges, prosecutors and lawyers to cooperate and guide the court.
4. Innovation and Entrepreneurship Practice Series Education (3 credits)
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.
(1) To participate in innovation and entrepreneurship forum, lecture or academic exchange, which will be verified and confirmed by the graduate teaching secretary, and will be counted as 1 credit every 6 times;(2) Win 1 prize in a provincial or ministerial-level competition, set up a company independently and obtain a business license, or publish a conference paper at a provincial or ministerial-level innovation and Entrepreneurship forum, which counts for 2 credits;(3) Won the first prize of innovation and Entrepreneurship competition at the municipal and university levels, which counted for 1 credit/item;Second prize and the following prizes, 0.5 credits/item;(4) Presided over and obtained the provincial graduate student Innovation special Fund project or Qingma engineering project, totaling 2 credits/item;· Presided over and obtained university-level graduate student innovation special fund project or Qingma engineering project, accounting for 1 credit/item;(5) 2 credits shall be given to those who carry out practical practice as required and pass the examination;(6) Participate in the research projects presided over by the supervisor and the research results are published in Chinese core journals (ranking first for graduate students or ranking first for supervisor and ranking second for graduate students), 1 credit/paper;Research results published journals in CSSCI (ranked first or mentor ranking the first graduate students in second), or a paper published by the xinhua digest, materials of National People's Congress copy reship, "journal of liberal arts or research results have important social consequences, or get a provincial leadership instructions, meter 2 credit/item.This research result is not calculated twice with the dissertation of postgraduate qualification.
5. Academic Discussion and Report (1 credit)
During the study period, graduate students should attend at least 15 academic activities, including academic lectures and academic meetings held inside and outside the school. The graduate secretary of the college is responsible for attendance checking. Graduate students are required to submit a summary report of no less than 6000 words before applying for pre-defense of their dissertation, and the center will organize assessment.Tutors (groups) 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 period of postgraduate study, the graduate students should make no less than two keynote speeches at the symposiums of their respective disciplines.Graduate students should determine the topic under the guidance of the supervisor (group), write a written academic report and report it at the seminar;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.
6. Literature Review and Opening report (1 credit)
Postgraduate literature review and thesis proposal report should comply with the relevant provisions of Jiangxi University of Science and Technology on the topic selection and thesis proposal of master's degree, and meet the requirements of the "Rules for the topic selection and Thesis Proposal of Law Masters and Law masters in The School of Grammar".
The graduate student's proposal report must be reviewed by an expert review panel organized by the school or academic institution.The expert review panel shall be composed of three or more experts (including three) who have the title of associate professor or above or hold a doctoral degree in the discipline. The panel shall review the proposal report and put forward specific evaluation and modification opinions, and the proposal shall be approved only if more than two-thirds (including two-thirds) of the members agree to the proposal.
Viii, the degree basic requirement
1. Basic qualities required to obtain a degree in this major
(1) Have independent academic personality and rigorous academic attitude, abide by academic norms, pay attention to academic ethics, adhere to academic integrity, respect the fruits of others' work, and oppose plagiarism.
(2) Have a noble professional ethics, develop a good legal professional ethics, concentrate on the accumulation of legal theoretical literacy, study the purpose and motivation is correct, have to contribute to the national development and social construction of the lofty ideal and sense of responsibility.
2. Basic academic ability required to obtain a degree in this major
(1) I have the ability to acquire knowledge through various scientific research tools and foreign languages, as well as the ability to acquire knowledge through legal practice, academic exchanges and other means.Master all kinds of research methods required by law institute.
(2) I have the ability to write and publish academic papers, and I can analyze and study relevant legal phenomena and practical problems with the theoretical knowledge in the field of law, and propose corresponding countermeasures.
(3) Good communication and coordination skills, able to complete basic legal reception, legal negotiation, legal consultation and other practical business.
(4) Be able to use legal terms proficiently for academic communication, and have the skills and ability to contact and communicate with various legal practice departments.
3. Basic requirements for dissertation
(1) In addition to completing the dissertation in the form of theoretical paper, the master of Law students can complete the dissertation in the form of research report, case analysis report and applied research paper.
(2) The topic selection of the paper is of research value;The topic selection should be in line with the training direction of postgraduates, pay attention to the contemporary rule of law in China, and closely combine with the frontier trends of China's legal theory research and the needs of legal practice to select topics of great significance and practical value to the national economic and social development.
(3) The structure of the paper is reasonable, including the Chinese and English abstract, table of contents, introduction, text, notes, references and other basic contents;
(4) The length of the paper should be appropriate, and the number of words should be controlled between 20,000 and 40,000 words;
(5) The citation of the paper is reasonable and the annotation is standard;
(6) The term usage specifications of the paper, in which the expressions of the country, code and professional terms, etc. are consistent with the general usage method and will not generate ambiguity.
(7) The paper reflects the domestic and foreign academic trends and the latest achievements of the field, with clear research objectives and strong comprehensive ability;
(8) The basic theoretical knowledge of law on which the thesis is based is correct;
(9) The research ideas and methods of this paper are highly feasible, and the data are true and reliable;
(10) The paper is well-documented, well-organized, highly logical, fluent and rigorous in style.
The dissertation must be reviewed by three experts with senior professional titles in the field, and one of the reviewers must be an expert with senior professional titles and positions outside the school.Among the members of the dissertation defense Committee, there shall be at least one expert with senior professional and technical titles and positions outside the university.
Those who have completed the course study and practice, obtained the required credits, and passed the dissertation defense, shall be approved to graduate by the Degree Evaluation Committee of Jiangxi University of Science and Technology, and be awarded the professional degree of Master of Law. Jiangxi University of Science and Technology will issue the graduate certificate of master of Law and the professional degree certificate of Master of Law.
Ix. Other requirements
1. For graduate students to apply for early graduation, they must meet the requirements of outstanding graduates, have signed an employment agreement, or be admitted as doctoral candidates.For details, please refer to the relevant provisions in the graduate handbook for implementation.
2. This training program is applicable to full-time postgraduate students majoring in law (law), part-time postgraduate students majoring in law (law) and postgraduate students with equivalent educational level.
3. This 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.