清华大学专帖

tcfxzhm

哪里能找到民商法及综合课试题答案呢?

bking

请问斑竹,清华法学院听说一开始会给学生指定必读书目,有这回事吗?

要是有的话,那刑法的必读书目是那些??

也希望斑竹给我介绍介绍几本.

小兄弟在这先谢谢你了.

四明狂客

请问,清华的考研数目跟他们本校学生用书应该一样吧?我如果要考研是不是参考书得全买？

andy810

哪能买到参考书啊？

看得我真晕，清华教授的脑子真好使

[em:15]

vavio

既然清华法学都是自费，那读研是两年还是三年啊，能不能提前修完学分毕业，那就可以省好多银子啊？[em:32]

gh_xing

清华法理学。基本上不能只看教科书，我将现存的《法理学》教科书已经全部看完了。卓泽渊，张文显，孙国华，沈宗灵。最后我锁定的是周永坤的《法理学 全球视野》现在正在看第四遍。各个教授的论文每天看一篇，看了三个月。针对法理学中出现的法与正义的关系，研究了一个多月。有一点收获！另外关于2003年的试题中的“法律是一种生活方式”的那道题，其实就是讲在中国实现法的现代化的问题，和由此带来的各方面的转变的问题。反正如果大家想把法与正义的关系搞清楚，首先必须搞清楚西方的法学本质论。尤其是自然法学派的观点，我看了孟得斯鸠的〈论法的精神〉。但是为了应试没看完，大家只要把自然法学派的观点全部弄通，我个人认为：那几道大题都可以拿下来。
有考法理学的朋友我们可以讨论讨论。其实清华的法理学，几乎是一样的题年年考。而且涵盖〈西方法律思想史〉和〈中国法律思想史〉。〈比较法总论〉估计到时也是也会涵盖前面的内容，看看周永坤的书会对大家有启发。还有如果哲学的功底很扎实的朋友，我想现在就可以用上了！
祝大家都能考上！
※ 修改：gh_xing于2003-12-21 23:50:47修改本文

gh_xing

这是比较法中的关于comman law    和jus commune 详细解释的资料，我现在只想知道师兄们怎么通过的比较法考试。他们当初看的谁的书？


jus commune or ius commune is latin for common law. It is often used by civil law jurists to refer to those aspects of the civil law system's invariate legal principles, sometimes called the law of the land in English law.

This is a stub, more information about the history of the development of a common law in civil law systems needs to be added here.



Civil law
From Wikipedia, the free encyclopedia.

The term civil law is used to refer to three different bodies of law:

a legal system derived from Roman law and commonly used in Europe; here the contrast is common law;
the set of rules governing relations between persons (either humans or legal personalities such as corporations); here the contrast is public law;
Secular law, as opposed to canon law.


--------------------------------------------------------------------------------
(1) Civil law (as opposed to "common law") is a legal tradition which is the basis of the law in many countries of the world, especially in continental Europe, but also Quebec, Louisiana, Japan, Latin America, and elsewhere. Some authors wrongly think that the Scottish legal system is also based on civil law, which is historically correct, but it has been developing since 1707 into a mixed system combining elements of civil law and of common law as the House of Lords in England being the court of last resort for Scotland has interpreted Scots Law through the lens of English jurisprudence. In the western and southwestern parts of the U.S., laws in such diverse areas as divorce and water rights show the influence of their Iberian civil-law heritage, being based on distinctly different principles from the laws of the northeastern states colonized by settlers with English common-law roots.
The civil law is based on Roman law, especially the Corpus Juris Civilis of Emperor Justinian, as latter developed through the Middle Ages by mediaeval legal scholars. The most authoritative modern source is Karl Eduard Zachariae.

Originally civil law was one common legal system in much of Europe, but with the development of nationalism in the 17th century Nordic countries and around the time of the French Revolution, it became fractured into separate national systems. This change was brought about by the development of national codes, most importantly the Napoleonic Code, but the German and Swiss codes are also of historical importance. Around this time civil law incorporated many ideas associated with the Enlightenment.

Some authors consider that civil law latter served as the foundation for socialist law used in Communist countries, which in this view would basically be civil law with the addition of Marxist-Leninist ideas.

Civil law, in this sense, is primarily contrasted to common law, which is the legal system developed among Anglo-Saxon peoples, especially in England. The primary difference is that, historically, common law was law developed by custom, beginning before there were any written laws and continuing to be applied by courts after there were written laws, too, whereas civil law develops out of the Roman law of Justinian's Corpus Juris Civilis proceeding from broad legal principles and the interpretation of doctrinal writings rather than the application of facts to legal fictions. In later times civil law became codified as droit coutumier or customary law that were local compliations of legal principles recognized as normative. This lead after the French Revolution to the development of Civil Codes in such jurisdictions such as France (with its Napoleonic Code), Quebec, Spain, and Germany (with its own German Civil Code), but remains uncodified in such countries as Scotland, Belgium, Namibia and South Africa to name a few countries that remain uncodified civilian or mixed jurisdictions.

In practice, in many countries based on civil law, such as France, case law still plays a considerable role.
jus commune  
   
(Latin: "the common right.") Law based on Roman law, canon law, and the interpretations of glossators and commentators, and common to Europe at the beginning of the Renaissance.

flycst

人那，怎么都不见了

godblessprince

本以为清华考的科目少才决定考清华
可是前面的列表中光和民法有关的就有十本
法理学又没有教材指定
这看起来还更复杂了呀

逆行的风

爱过方只情重，考完才知艰难……