- Master asked me how is the feeling after reading? To be honest, after reading the article, the central idea of the article may not be understandable, let alone transform the key discussion in the text into practical skills. After Master’s mention, I found that the key to the problem lies in the face of the vast expansive legal readings. I did not use the method of looking at “he”.
- 1. What do we need to see?
- Strong professional competence is the foundation of the legal person. In order to consolidate this foundation and constantly improve its own knowledge system, legal people need to constantly charge and learn to make up for the blind spot of information. However, there is no doubt that legal persons are not artificial intelligence, have the ability to automate calculus, but need to use a large number of auxiliary tools to reflect their legal thinking expression. The Internet age provides us with many conveniences for obtaining professional energy, but with daily fast-food reading (such as the legal public’s tens of thousands of readings), we only get knowledge fragments, and the pursuit of professionalism and accuracy in content is also Often it is not fast.
- “Time is precious”, it is not everyone’s first choice to increase the skills by reading. In this case, it is more important to choose what kind of book to look at.
- As a new lawyer, Xiao Bian also tried to read various legal articles, including traditional theoretical books, criminal law norms, comprehensive case analysis and practical guidance articles. After some hard work, Xiao Bian found that it is difficult to extract time to study pure theoretical articles in the process of reading and learning. It is difficult to understand “transparent” when the light is dry, and the comprehensive case analysis is always shallow and not deep enough. If you are like me, it is a fledgling little law, I recommend everyone to follow Master to learn to handle the case, read more practical articles.
- The so-called practical article is an instrumental reading that can assist in handling cases. It includes three characteristics: 1. It is published by an authoritative organization, and the reader is a legal community. The interpretation and evaluation of the case can be directly applied to the case handling practice; To go to its dross, take its essence, mainly to study the specific problems existing in practice; 3, the structure and logic of the article is easy for readers to organize and upgrade to a “private” legal knowledge base.
- I will tell you an inspirational story. Master has devoted himself to the legal profession in the early years. He has also experienced various kinds of confusions. He has gone through many detours. In her words, he is a quasi-“novice”, and later his master’s true biography has grown into a business backbone. . In the process of “cultivation”, there are two things that benefit her for life. One is to take every transcript of each scrutiny seriously, and the other is a high-frequency reading practice bibliography to pursue the key points of criminal cases. What has been remembered so far is that the book “Criminal Judgment Reference” is as scheduled. The Master’s request is that the new book must be summarized in the book and the updated records of the latest legal norms. Over time, in the book The content has been transformed into a personal “legal book” and still plays an important role.
- Second, how to find?
- There are two situations in which one is found. One is based on a clear goal, the other is that there is no goal, and it is hoped to accumulate case knowledge through reading growth. In the first case, it is only necessary to combine the actual situation in the work, read through the article, and find it according to the target, which is simple and convenient. Here, Xiaobian uses the Criminal Justice Reference, which is being read recently, as an example, focusing on the search methods that need to be based on the second type of situation.
- Read through directory
- To “read the book intensively” is not to read every page of a book, but to select the key points and essence.
- The first step is to look through the catalogue. The permanent columns of the Criminal Justice Reference include [Guidance Cases], [Legislation, Judicial Norms], [Criminal Policy], [Trial Practice Interpretation], [Leadership of Judicial Theory], [Experience Exchange] , [practical discussion], [big case fax], [doubt contend], [evaluation of judgment documents]. Xiao Bian believes that [Guidance Case], [Legislation, Judicial Norms], and [Criminal Policy] are mandatory readings in the absence of clear search objectives. Other columns can be used as optional readings to narrow the scope of the search.
- Mining case
- As a novice lawyer, we should strengthen the study of different types of cases as much as possible, and we must highlight the cases in which the key learning team is working. The “Criminal Justice Reference” guidance case is the crystallization of trial wisdom. When browsing, it focuses on finding similar cases that Master has handled or is handling in the catalogue, and further screening and reading. You can also select the most instructive case by reading the subtitle of the guidance case. Through the above behaviors, you can combine daily reading accumulation with practical exercise in a limited time.
- renewed on time
- Find legal, administrative, departmental, judicial, and other regulatory documents closely related to criminal justice work in each period, even work minutes, establish documents, make records, and establish your own exclusive laws. Library.
- Third, how to read?
- Specific to a specific article, how to turn broad reading into accurate reading? The Xiaobian method is to grasp the logical structure of the article.
- For example, the guidance cases in the “Criminal Justice Reference” are generally divided into “basic case”, “main problem” and “reason of judgment” . The “basic case” has a large space and is an introduction to the case. The problem is the refinement of the case-directed question, and the “judgment reason” is the reproduction of the judge’s referee’s thinking.
- In many cases, the purpose of reading such articles is to solve the legal problems encountered in the case, and it is necessary to quickly and effectively grasp the reading method. Xiaobian personally suggests that reading such articles can be divided into the following steps: “Major issues” – “Basic case” – “referee reasons”.
- For example, the “Criminal Justice Reference”, the 103rd episode No. 1077, the case of Li Yansheng and Hu Wenlong illegally operated.
- 1. Intensive reading of “main issues”
- By reading the “main questions”, we clarify two questions answered in this case. One is how to determine the “national regulations” in the criminal law, and the other is whether the operation of the paid debt business belongs to the second paragraph of Article 225 of the Criminal Law. “Other illegal business practices that seriously disrupt the market order.” For these two issues, we have a clear understanding before reading the whole case. For example, we can try to find out the “national regulations” in the crime of illegal business operations on a large scale. Judicial interpretation and policy provisions (as far as possible exhausted), thinking about whether there are disputes about the application of the “national regulations” in the cases handled by them, so that the next step of reading.
- 2. Extensive reading of “basic case”
- When reading the “Basic Case”, you can use the general extensive reading method. The identity of the accused can be read roughly, focusing on the facts ascertained by the court and the factual basis that supports the conclusion of the court. If you are not as inexperienced as Xiaobian, you can actually stand on the judge’s point of view and make a basic prejudgment of the case at this stage.
- 3. Peruse “the reason for the referee”
- The “referee reason” is the main play here. The author of the article, that is, the case-handling judge, usually lists the opinions and reasons of the prosecution and the defense, and finally chooses the propensity party to form the final point. Based on the authority of the publishing unit, we must pay particular attention to the judge’s final point of view and make reading notes. Because this view can generally be used as an authoritative guideline approved by the court in judicial practice to guide the judging criteria for judging this type of case.
- It is worth noting that before the trial, lawyers often form the focus of the defense by trying to figure out the judge’s ideas. The judge’s thinking expressed by the “judgment reason” is precisely the foresight of the criminal defense lawyer. For the novice Xiaobai. Repeatedly trying to do more with less.
- Fourth, how to summarize?
- The purpose of reading practical articles is to apply what you have learned and turn the articles you read into practical tools.
- At present, there are many methods for sorting and summarizing, such as classifying by time, classifying by crime, classifying by departmental law, classifying by sentencing, or classifying facts of cases . Xiao Bian sums up his own reading experience and thinks that as a novice lawyer in handling criminal cases , it is more practical and easy to operate by summing up the sin-like name and combining the time sequence of the case.
- Having said that, I would like to respond to the questions raised at the beginning of the article. Different from ordinary reading, the reading of practical books is a skill reserve that can be directly used for work, accumulating bit by bit, and finally forming a scale, which is of great help to future work and daily learning. Do not believe, you can quickly find a practical book to try!