Law major graduation thesis

Law school students study and study law. Whether it is an undergraduate, a master's degree or a doctoral degree, any study of law and research law is inseparable from writing a thesis. Especially at the time of graduation, every law school student has to write a thesis, and there is a question of how to write a thesis. My report on this topic is to use my experience in studying and studying civil law, how to write law papers, and how to guide law school students to write graduation thesis experience and experience in the work of professors in the practice school. I hope that everyone can help.

The first part of the topic on graduation thesis

The study and research of law, as well as writing law papers, the most important is the topic. Except for the general study law, when it comes to the law to do in-depth, then, no matter the specific study, research direction, writing thesis, planning long-form giant system, the first problem is the topic selection. The same is true for law school students writing graduation thesis. Therefore, law school students writing graduation thesis, we must first determine the topic, and then begin to collect materials, layout, and writing. Otherwise, if you come up, you will write it. If you finish writing it, you will tear it up. It is difficult to write a good work. It is difficult to get a graduation thesis. Some students often find me when they start the question, and begged to say that the teacher gave me a question! However, the title of the thesis is not so good, and it is not entirely clear whether the students themselves are interested in or what they are accumulating. It is still up to the students themselves to do the topic well.

I. General considerations for the topic selection of graduation thesis

Law school students, especially graduate students, must first determine their research direction when starting to study.

At the beginning of the research and study to guide graduate students and doctoral students, the first thing is to determine the direction of research. For example, some students are willing to do abstract civil law research work, and I will give him the research direction of the general theory of civil law. Why do you want to determine this direction for him? It is because I know very well about his study and research. He is very proficient in the basic problems of civil and commercial law, and the foundation is very good. Especially in dealing with specific problems, the theory of applying civil and commercial law is handy. This also makes his prestige among the classmates very high. This classmate is very talented. It is not a problem to study a general topic. Therefore, choosing the direction of the general theory of civil law to him is both difficult and he is competent. There is also a classmate whose characteristics are good self-cultivation and good foundation. Especially at the level of philosophy, there is a very sensitive feeling and it is also very promising. The subject of civil law philosophy is very difficult to do. It is almost a new field. Nowadays, not many people can do this well. He has this strength, let him do it. It should be said that in the direction of choice, because it is a civil and commercial law profession, what kind of profession is chosen, as long as it combines its own characteristics, strengths and hobbies, it will do.

More important is to choose a specific topic.

The topic is to choose what kind of topic to determine the specific direction of learning and research. The content of the law is extremely complicated, that is, to determine a big direction, and the content inside is also very complicated. For example, we chose the property law as the direction of research and made a monograph of more than 200,000 words. It is impossible to write the Property Law. If 200,000 words are written as a "property law", it is a popular textbook, not a legal monograph. Professor Qu Maohui from Hunan University is a doctoral student at our school. Before enrolling, he sent me a copy of the “Use of Usufructs”, which is about 400,000 words. This work is consistent with the content and content. Similarly, if you choose the tort law as the research direction, you can only choose a specific topic, such as special infringement, the principle of imputation, the constituent elements, the scope of compensation, and so on. I appreciate Professor Wang Weiguo's "The Third Bringing - The Principle of Fault Responsibility", which is a monograph devoted to the principle of fault liability. A principle of imputation has written more than 200,000 words. The topic is good, and the best written is an excellent work. There are many topics in the general theory of civil law, and many choices can be made. I originally thought about civil subjects, civil liability, statute of limitations, and so on. But if the choice is the "meaning autonomy principle," this is a good topic. If this topic is completed, it will not only be a successful work, but also promote the progress of civil and commercial law. The undergraduate's topic selection is broad, there are many questions to choose from, and all the legal issues are involved. Therefore, we should consider the topic of our graduation thesis very well. Masters and doctoral students are originally in the research direction, and the topic selection is relatively easy.

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Second, the main method of selecting the topic

When I was writing some lawbooks for graduate students, I talked about specific topics, and combined my own writing practice experience to introduce them to my specific methods. Below I introduce the three methods that I use the most.

The first is the "clip empty" method.

The so-called "clip empty", the meaning is that the topic is chosen as much as possible in the theoretical air, in the space that no one else has chosen. In the current theoretical research, a large number of developments are marginal disciplines, which are most striking. And studying marginal disciplines is the easiest to succeed. In the traditional disciplines, there are also such "edge" topics. More vividly speaking, there are two problems that are closely studied, but between these two topics, one can also find a topic that is related to two topics and different from the two problems. This is the subject of the air. Choosing such a topic, I once said that, like Lin Biao’s "one point and two sides" tactics, it is the tactic of winning the battle and winning the battle. I studied military science while I was in the army. Lin Biao's "one point and two sides" tactics, criticism, despite criticism, but snoring is very useful. The core of it is to attack an enemy. First, choose a point as the main attack point, and then select at least one or more "faces" to cooperate and assist the attack. Imagine a person, an army, if the abdomen is at the same time, then he has only one choice: "Run." Therefore, "one point and two sides" is the battle of defeat, not the battle of annihilation, but indeed, as Lin Biao said, it is the embarrassment of winning. The "clip theory" is also the trick of winning the package. It is used for the selection of topics, the selection is good, the title is well determined, and the article has a success rate of more than half.

When I wrote this article on "Common Dangerous Behaviors" in 1987, I used the method identified by this method. When I studied the Tort Law, I searched all the articles and found that I have not written this question in the papers and monographs of Chinese scholars. The reason is that the civil and commercial law circles of the former Soviet Union did not pay much attention to this issue. In the civil law system, this issue is almost a common sense. Because it is a problem in the air of tort law theory, I refer to the basic principles of the civil law system, combined with the specific reality of China, write this article, published in the "Law Research". Nowadays, many courts have sentenced such cases to the opinions in my article and made judgments. In December XX, the Supreme People's Court issued a judicial interpretation on the application of the law for the trial of personal injury compensation, and established this system of infringement. This is the reality of judicial practice after 16 years of my research. This is a research result that I am very proud of. This is a relatively big topic. Let's talk about small topics. In the Chinese Tort Law, no one mentioned the "Hoffman calculation method" and the "Leibnitz calculation method". Up to now, this rule has only been applied in compensation for maritime and maritime cases. Twenty years ago, these two concepts were still very strange. I asked a lot of people at the time and said that they didn't know, even the big professors didn't know. I thought, in this case, the problem must be a problem in the air. After I did the research, I wrote several small articles and strongly urged them to be used in practice. However, this kind of foreign judicial common sense is not understood in the judicial practice of China. It has not been adopted in the practice of civil law until now. This is a great regret.

Writing an article can use this method to select the topic of the monograph, or you can use this method. There are so many monographs now, although there are not many boutiques, many of them have been discussed. When choosing a topic, pay attention to using this method to select the most difficult problem to break through. It is best that no one has done it before, and it has a future. Writing a thesis, depending on the size of your paper, choosing the problem of writing in the air is the most successful method.

Applying this method to select topics, you can take a look at the article "Infringement of Freedom and Civil Law Relief" that I wrote. This is an article that I am very satisfied with. I won this award in the 100-period excellent papers of Law Research. This article is about the issue of personal freedom and its protection, which has never been written before. I found this topic in practice and made it, which can be said to be successful. The case in this article is the case of Zhang Lili, which I often mentioned in the article, is a typical case of violation of personal freedom. However, when discussing this case, my opinion was not supported, and finally the case was closed by the case of infringement of reputation. This point also shows that "the right of reputation is a big broken basket, and any difficult problem can be installed." Recently, I spoke at the International Symposium on Reputation Rights and Privacy held jointly by Renmin University and Yale University. I said that “should be a slimming exercise for reputation rights”, that is, to lose weight in reputation and make it worthy of its name. The article "Infringement of Freedom and Its Civil Law Relief" is also the result of the theory of empty space.

Introduce the content of a topic, that is, whether writing a thesis can write characters. Our law thesis is generally about the system and does not discuss the characters. But I think that writing an academic figure and writing his academic thoughts is also an important topic. Therefore, I am sure that one of my doctoral students will write a study on the thoughts of the law of civil law. I think it is a good topic.

The problem is to use the space-cut method to find the gap. This requires academic cultivation. Without deep academic accomplishment, I can't find it out. Therefore, when studying in peacetime, we must pay attention to collecting information and grasping the academic dynamics of the research defense line before we can apply our own theory to select our own topic.

The second is the "transcendence" method.

In the topic of writing graduation thesis, you can also choose the topics that everyone has discussed. On the basis of comprehensive comparative analysis, you can make your own analysis and conclusions beyond all previous expositions. I call this method "the transcendence method."

This method is the opposite of the "clip method". The empty space method is to study what others have not studied, and to win the battle. The law of transcendence is something that everyone has said, and speaks better than others, and goes beyond the predecessors' arguments. This method has its own problems, which is to be able to make such an article after studying all and all the same kind of writings. Therefore, with this method, the time for writing will be deeper. Without strength, choosing a topic in this way is very difficult to do. However, at present, the legal research in China's academic circles is very in-depth. Most of the topics have been done by others. It is very difficult to choose a topic that others have not done. Probably in administrative law and commercial law, there are still many such topics, but they are rare in traditional civil law and criminal law. Therefore, in the topic of graduation thesis, the transcendence method is a method that is often used, and of course it is difficult to do well.

To use the transcendence method to choose the title, we must first read the book well, accumulate information, master the ins and outs of this topic, comprehensively analyze and summarize the viewpoints of various schools, and summarize and see if we can surpass each other on this issue. The theory of the various factions of the family, self-contained, self-contained system, there is no new meaning. If you have this ability, you can choose this topic. The accumulated information now grasps the academic dynamics, and the method is much simpler. Internet, googl, Baidu, etc., a search, the relevant papers come out. Unlike us at that time, every day in the library, remembering the cards one by one, there are not many days of hard reading, and no good questions can be selected.

In practical academic research, this method is often used to select topics. In particular, if you choose to make an article on refutation, you should use this method to thoroughly explain the problem you want to refute, and then put forward your own ideas. I have a teacher. When I lecture, I often criticize this scholar and criticize the scholar. After several opinions have been criticized, as for what I think, he said: "That has not been thought of." I object to this. Do study. However, some people have argued that such an approach is also necessary, because it does not break the ground, first breaks everyone's point of view, and then lays the foundation for others. There is also a teacher who lectures. Every time it is "something to say" is wrong, "someone says" is wrong, "someone says" is not right, "my point of view is always an eclectic opinion", that is, "compromise." This kind of argument is not worth promoting. However, this kind of argument is actually a transcendence of the law, but it is not applied.

Applying this method to select topics, you can look at the article "On the Extended Legal Protection of Personal Rights" that I wrote, which issue in the "Law Study" in 1995, you can check it. This article is to use the method of transcending the law, to analyze the previous theory of this kind, and put forward the idea of ​​extended protection. From the depth and breadth of the topic, you can make a larger article and write it. In the judicial interpretation of the Supreme People's Court on the judicial interpretation of compensation for mental damage, the system of protection of the personal interests of the deceased is chosen from the theory of extended protection of personal rights. This is also a very proud research result of mine. Of course, some people are criticizing, but the understanding of this view is still better than some previous statements.

The third is the "comprehensive law."

I will first introduce two methods that are not suitable for the topic of graduation thesis for your reference.

The comprehensive method is to comprehensively discuss a problem, comprehensively analyze it, and put forward its own viewpoints and be self-contained. At the end of each year, there are always scholars who review a certain type of problem and point out what progress has been made in this study over the past year and what results have been achieved. This is the most typical use of the comprehensive method. Also, at a discussion meeting, what opinions are there on the issues discussed, what are the basis for the various opinions, and summarizing them are also good materials. However, this method of selecting a topic is not suitable for a thesis, because the thesis does not permit the writing of a review article.

There is also a method of using the comprehensive method to select a topic, which is to comprehensively study several problems in a certain problem, such as "Three Issues of a certain problem", etc., is also the method of this method. This method of selecting topics requires a thorough understanding of the issue and clear opinions on these issues. It is indeed new. You know, using this method to select a topic is just not to eat someone else's things. Such things are not deep. Keep in mind that any article, no matter what method is chosen, must have its own unique insights. If you don't have your own opinions and don't have your own unique opinions, then you would rather not write. Articles like "three arguments" and "several arguments" cannot be applied to the writing of graduation thesis. Because the thesis must have a theme, the "three arguments" have three themes, and the "several arguments" have several subjects. ,non-compliant.