Chapter 177: All Beings Look Up

Of the five people present, except for Ding Lihui, the rest were all Fa students. Barbecue chatting, naturally it is inevitable to encounter professional problems.

"What direction is Liu Sheng studying?" was mentioned by Yu Meiqin, and it was completely unavoidable.

"Property Law. Liu Kun trembled and swallowed a piece of roasted gluten, and quickly and vaguely coped with it first.

"Don't worry, let's talk about it after eating. Feng Jianxiong signaled the other party not to be nervous.

Liu Kun slowly finished eating half a skewer of grilled gluten at hand, and then added a few words of explanation in a chatting manner: "You may think that it is nothing to enter the Legal Interpretation Office of the Supreme People's Court, but in fact, it is also very difficult, every year there are 160,000 law masters and law doctoral graduates in the country, and there are less than 5 places at most. ”

At this point, he paused slightly.

Feng Jianxiong and Yu Meiqin, of course, know the market, but they don't think it's as exaggerated as Liu Kun said - the so-called 160,000 law graduates every year, in fact, the master's degree is negligible, only counting the doctorate, it is only more than 20,000.

Moreover, nominally, the hard bar threshold of the Supreme Court is to give all 211 universities a chance, but in fact, only doctoral students from 7 famous law schools will be looked at, and others will not even have a chance to see their resumes. In this way, at most more than 1,000 people have the opportunity -- and those who can read to the level of these 1,000 people can't go to any famous law firm?

Therefore, if you can achieve the top 5 among these 300 elites, it is very promising that you will graduate with a doctorate and directly enter the Supreme People's Court's Legal Interpretation Office.

Doesn't it feel a lot easier when you think about it?

Liu Kun observed the expressions of Feng Jianxiong and Yu Meiqin, and knew that the other party had digested and understood the "general market" he stated, so he continued to explain:

"Actually, I know my own strength. My level, if I really want to squeeze into the legal interpretation office, it is still very difficult, and the probability of competitive selection is still several times worse.

However, everyone in this circle knows that every time there is a new tome legislation, in the first few years, students in the relevant research direction have an advantage - when there is no new tome legislation, each major department group may only recruit 1 doctoral place per year.

However, when encountering a new block like the "Property Law", which has not been established for two years, the recruitment will be relaxed several times, and I can enter 3 per year, so I still take advantage of the academic direction, ashamed, ashamed. ”

As soon as Liu Kun explained this, Yu Meiqin understood that the real strength of the other party may not be able to do the "top 5 of the last 300 elites", or it may only be "the top 20 of the 300 elites".

The Property Law was passed in 2007 and has been implemented for less than two years. There are vacancies in relevant research departments, and there are more recruitment indicators.

Liu Kun is also lucky: if it weren't for the fact that he happened to get such a high-quality job, combined with his own self-cleanliness, combined with these factors, maybe Nan Xiaoyuan wouldn't have looked down on him.

"So what has Liu Sheng learned in the past few months? The field of "Property Law" is easy to play, and those old men have also pulled back to a starting line, and young people have a lot to do. Feng Jianxiong ate a small grilled fish, and asked each other.

Liu Kun hurriedly showed weakness: "How can it be so easy! Civil servants should be regularized during at least one year of internship." People like us, write a few years to ask for instructions and summarize. ”

The kind of specific work he mentioned, roughly translated, is equivalent to summarizing the doubts about the application documents submitted by the provincial high courts for interpretation, and then listing the various interpretation possibilities and multiple ambiguities existing in the current legal provisions, and submitting them to the senior colleagues for discussion.

Therefore, Liu Kun does not have any power to reply to specific requests for instructions, let alone participate in the compilation of large-scale and systematic judicial interpretations.

(There are two main types of work for the Supreme People's Court to make judicial interpretations, one is to reply to each provincial high court when it encounters a request for instructions on difficult and miscellaneous diseases, and this kind of work requires lower qualifications.)

The other type is that after accumulating more requests for instructions in a certain field, all the replies are summarized and outlined together to form regulations, which can only be involved by people at or above the level of a certain department director in the Legal Interpretation Office. )

"Since we're friends chatting, let's not emphasize seniority, then it's boring. Feng Jianxiong is still a little unhappy with the subservience to authority cultivated in the other party's system.

Just because you don't have authority when you are working formally doesn't mean you can't express your opinions in private chats, right? Feng Jianxiong is not an unscrupulous reporter, and he won't leak the other party's views to the media after listening to them, so what's there to be afraid of?

"Feng Dong's lesson is that I am an occupational disease, see and laugh. Liu Kun smiled awkwardly, also realizing his unhappiness.

He also secretly glanced at his girlfriend Nan Xiaoyuan, lest Nan Xiaoyuan feel that his craftsmanship had embarrassed her.

For most men whose strength is not enough to crush them, it is also very stressful to have a beautiful girlfriend.

Seeing that Liu Kun had made a mistake, Feng Jianxiong was not too much to deal with it, and naturally asked: "Then what are the main research fields in your department's interpretation of the Property Law? This does not involve state secrets?" ”

Feng Jianxiong just casually learned more about industry trends.

Liu Kun thought for a while: "It is mainly concentrated in the areas of real estate ownership confirmation and differentiation of ownership - at present, the Property Law is the most cited and judicialized in judicial practice, and this is the part." There is a senior brother who graduated with a doctorate in 07, and he has relied on this work for the past two years, and he was promoted to a deputy department in advance. ”

He, Nan Xiaoyuan, and even Yu Meiqin, all felt that Feng Jianxiong's question just now was a little unnutritious.

It is believed that the vast majority of the world's understanding of the transition from academia to judicialization of the Property Law is focused on the field of real estate.

Liu Kun seemed afraid that Feng Jianxiong did not understand, and added: "After all, the land ownership system in China is different from that of most countries in the world. 70-year/40-year pre-payment of transfer fee and disposal after expiration of ownership system...... There are many legal blind spots that can be filled, and they are simply the best fertile ground for political achievements in the field of legal interpretation.

In addition, the derivative problems such as "differentiated ownership of buildings" in China are also unique because of the unique land ownership and use right system in China. Every subdivision point, grasping a few "China's national conditions" to give full play to them, plugging leaks and confirming rights, is good material for promotion! As for movable property rights, especially those in the general provisions, they are talked about in general...... To be honest, there's really nothing to play. ”

The key to the truth expounded by Liu Kun lies in the fact that in the field of movable property rights, whether it is the acquisition or exercise of property rights, "Chinese characteristics" are not obvious enough.

Privately owned land is allowed in Germany, but private ownership is not necessarily allowed in the country.

But in Germany, privately owned movable property is allowed, and in China it is basically allowed.

Even the way of possession and the way of use are the same - therefore, the academic ideas of the confirmation of movable property rights in China's property law are easily copied from the sages of the German legal system in other civil laws in the world. Considering that the building of the legal system in foreign countries is more developed than in China, there are far fewer ambiguities and problems to be explained by domestic experts, and there is little room for development.

In other words, in order to give an explanation that has not been seen before in the general provisions of movable property rights, you must have the academic skills to "create an international leading level".

And to give a previously unseen explanation in the general provisions section of the real estate sector, you only need to have the ability to "fill the domestic gap".

Which is more difficult and which is easier, and the judgment is made.

Liu Kun asked himself that he only had the ability to "fill the domestic gap" if he struggled all his life, even his mentors and brothers.

If he wanted to define and summarize the logic of new situations and new ambiguities that the top jurists among Americans and Germans had not thought of, he asked himself that the Chinese could not do it.

Let's wait and write.

"Don't be presumptuous, if you and your colleagues can't do it, it doesn't mean that the Chinese can't do it." Feng Jianxiong seemed to see through Liu Kun's inner step-by-step and seniority, and couldn't help but point him up, "I don't know if you have read the article of a professor in the field of property law, named Qiu Xue." ”

Qiu Xue, of course, is the female teacher of Jinling Normal University who gave Feng Jianxiong a civil law class more than four years ago. At that time, she was just a lecturer, and she was struggling to become an associate professor.

However, after more than four years, when she was mentioned again, she was already a serious "Professor Qiu".

That's right, it's because of Feng Jianxiong's one of them, immortals, and chickens. In fact, the teachers who were of value to Feng Jianxiong on the road to ascension at the beginning are now so high that they don't want to.

Liu Yuanming is certainly the biggest beneficiary among them, and he is forced to brush up on the field of intellectual property law. Even a small role like Qiu Xue has also gained a lot in the field of "Property Law", at least he became a full professor in his early 30s, and the double core has also published more than a dozen articles.

"Qiu Xue is a bit impressed, and she is also a newcomer expert in the field of property law in China. I've read a few of her articles, but some of the foreign cases cited in them are situational reflections...... With all due respect, I always felt that there was something wrong with the basis, and I couldn't find out that the scenarios she envisaged were operational in judicial practice...... Eh, she seems to be your Jinling Master, right?"

Liu Kun criticized himself for a while, only to realize that there was a pit here.

Could it be?

"That's right, she was my original civil law teacher. Feng Jianxiong proudly confessed all this, "The situational assumptions of some of the cases in her paper really did not happen in reality, but were purely theoretical discussions—because they were all made up by my own brain." ”

"Poof-" Liu Kun almost squirted out a mouthful of cold beer.

He had read Qiu Xue's old papers in those years, and his doubts were nothing more than those cases that could not be found. But with my own speculation, at most, I feel that those cases are real, but some details have been tampered with by Qiu Xue, and the reviewers of domestic journals are not enough to inquire about it.

But he didn't expect that such a flesh-and-blood case and such a rich value conflict were all made up out of thin air.

Feng Jianxiong further asked: "You don't care whether the case is made up or not - since it is a judicial interpretation, you should read whether the legal principles deduced from those articles are correct." If the evidence and thinking of all parties are indeed deduced as Qiu Xue wrote, whether the judgment of those cases is reasonable. ”

"Of course, there is some truth to the truth, but that kind of thing is so bizarre that I don't think there will be such a lawsuit in the real world. Liu Kun shook his head.

"Then I didn't say it. Feng Jianxiong shrugged indifferently.