National Judicial Exam
Encyclopedia
The National Judicial Exam or State Judicial Exam is a unified legal examination administered by the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...

 for people who work in the legal industry.

Since 2002, all new members of the judiciary and legal profession will need to pass it. The SJE will push education programs for lawyers and judges to adopt more unified curricula and standards. It is also expected to increase the professionalism of the judiciary, which has been regarded as lacking.

In the past, there were different kinds of legal professional exams that were administered by different institutions: some by the courts for judges only, some by the procuratorates for prosecutors only, and the Lawyers Qualifications Exam (LQE) administered by the Ministry of Justice
Ministry of Justice of the People's Republic of China
Ministry of Justice of the People's Republic of China is a ministry of the Chinese central government which is responsible for legal affairs...

 for those who wanted to become practicing lawyers. The exams for judges and prosecutors were internal, not open to the public.

Requirements

Under amendments to the Judges Law, Prosecutors Law and the Lawyers Law in 2001, all participants of the SJE must have a university-level education, although not necessarily in law. The only exception was the 2002 SJE, where over 50% of participants only had a college-level law diploma. These people were allowed to sit the exam with special permission from the Ministry of Justice
Ministry of Justice of the People's Republic of China
Ministry of Justice of the People's Republic of China is a ministry of the Chinese central government which is responsible for legal affairs...

. Another requirement is that the person must have a record of good behaviour. Those caught cheating will be issued a ban for either two years or for life.

On March 30-31, 2002, China held the first SJE. Of the 360,000 participants, about one-third were staff members of the courts, procuratorates, police departments, and other workers in the field of law and justice. Only 7% of the participants passed the exam, but this result was considered reasonable in comparison with rates in judicial exams in Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...

 and Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...

.

The number of participants decreased significantly in 2003 to 197,000 people, due to stricter education requirements. Nearly 89% of candidates received at least four years of university education, while 74% majored in law. The only exceptions are for remote counties lacking in advanced education facilities.

In 2004, residents of Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...

 and Macau
Macau
Macau , also spelled Macao , is, along with Hong Kong, one of the two special administrative regions of the People's Republic of China...

 were permitted to sit for the exam for the first time. More than 400 in Hong Kong have applied.

Structure

The SJE is a closed book exam mainly designed to test the legal knowledge of the tested persons and their ability to join the legal profession. Questions are divided into four categories:
  • theoretical legal science
  • applied legal science
  • provisions in current laws
  • legal practice and ethics


Candidates are tested on their knowledge of legal theory, economic law
Economic law
In the legal system of the Soviet Union, economic law was the legal theory and system under which economic relations were a legal discipline independent of criminal law and civil law...

, international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...

, international private law and international economic law as well as ethics.

External links

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