法律实务教程 / 高校转型发展系列教材
￥38.00定价
作者： 丁鹏、李精振等
出版时间：2017年7月
出版社：清华大学出版社
- 清华大学出版社
- 9787302476054
- 1-1
- 190943
- 16开
- 2017年7月
- 法学
- 法学
- D920.0
- 法律
- 本专科、高职高专
内容简介
法律的生命在于实施，法学是一门实践性很强的学科。《法律实务教程》从诉讼与非诉讼的基本程序出发，结合实际案例，全面系统地阐述了法律实务的原理、技能与方法。本书对法律诉讼实务和非诉讼实务进行全面梳理，强调法务实践，突出可操作性。分别从法律职业认知、民事诉讼实训、民事非诉讼与商事仲裁程序、刑事诉讼实训、行政诉讼实训等模块训练学生从不同的法律职业视角审视案件，进行案例分析，理清法律立场，了解法律的实践价值，熟悉法律实务操作步骤、方法、程序和技巧等。本书的特色在于重视证据应用，三大诉讼实务模块重点介绍了证据在举证责任、举证期限、质证、证据审查等方面的应用。
目录
第一篇
法律职业认知
第一章
法律职业概述 ····················································································2
第二章
法官·································································································5
第一节
法官概述 ·····················································································5
一、法官的定义和任职条件
··············································································5
二、法官的职责
·····························································································6
第二节
法官职业道德 ···············································································8
一、法官职业道德的定义
·················································································8
二、法官职业道德要素
····················································································8
第三章
检察官 ····························································································19
第一节
检察官概述 ················································································19
一、检察官的定义和任职条件
·········································································19
二、检察官的职责
························································································20
第二节
检察官职业道德 ··········································································21
一、检察官职业道德的定义
············································································21
二、检察官职业道德要素
···············································································22
第四章
律师 ································································································30
第一节
律师概述 ···················································································30
一、律师的定义和任职条件
············································································30
二、律师的职责
···························································································31
第二节
律师职业道德 ·············································································31
一、律师职业道德的定义
···············································································31
二、律师职业道德的基本内容
·········································································32
法律实务教程
第二篇
民事诉讼实务
第五章民事诉讼基本原理和流程····································································40
第一节庭审前准备
················································································ 40
一、书记员需做的准备工作············································································ 40
二、书记员宣布法庭规则和法庭纪律
································································ 41
三、法官入庭和报告庭审前准备情况
································································ 41
四、核对确认诉讼参加人的身份
······································································ 41
五、宣布开庭
······························································································ 41
六、宣告案名、案由、审理程序和方式
····························································· 41
七、介绍审判人员
························································································ 42
八、告知诉讼权利义务，征询申请回避意见
······················································· 42
第二节民事诉讼庭审程序
······································································· 46
一、法庭调查
······························································································ 47
二、法庭辩论
······························································································ 51
三、当事人最后陈述····················································································· 52
四、法庭调解
······························································································ 52
五、休庭、评议和宣判·················································································· 53
第三节民事诉讼中的证据
······································································· 55
一、证据简介
······························································································ 55
二、民事诉讼中的证明对象············································································ 58
三、举证责任
······························································································ 62
四、证明程序
······························································································ 63
第四节民事诉讼中的证据应用································································· 66
一、民事诉讼中对民事证据收集主体有无法律要求
·············································· 66
二、对证据进行质证的顺序和内容
··································································· 66
三、证据质证中如何认定证据的客观性
····························································· 67
四、内容不合法的证据是否属于非法证据
·························································· 67
五、证据效力和证明效力有何区别
··································································· 68
六、复写件与复印件的效力是否一致
································································ 68
七、申请鉴定是否必须在举证期限内提出
·························································· 69
八、如何判断鉴定程序是否严重违法
································································ 69
九、鉴定材料未经开庭质证，鉴定意见是否合法
················································· 70
十、传真能否作为真实的举证
········································································· 70
十一、手机短信的证明效力如何
······································································ 71
十二、单一的视听资料能否采信
······································································ 72
第五节法律实务中的证据应用································································· 72
一、证据合法性的案例分析············································································ 72
二、未成年子女证言的案例分析
······································································ 74
三、举证责任的案例分析··············································································· 75
第六节法律文书
···················································································77
一、法律文书写作的基本方法
········································································· 77
二、典型民事法律文书的撰写及范文
······························································· 79
第六章民事诉讼实务——婚姻家庭法与继承法实训
···········································86
第一节婚继经典案例分析
·······································································86
一、案例介绍
······························································································ 86
二、本案涉及的相关法律知识
········································································· 87
三、案例分析思路及技巧··············································································· 88
四、本案的处理结果及思考············································································ 96
第二节婚继案例模拟开庭
·······································································97
一、案例介绍
······························································································ 97
二、学习任务
······························································································ 98
三、模拟开庭
······························································································ 98
四、评价及思考
··························································································114
第三节婚继案例实训练习
······································································115
一、实训目的
·····························································································115
二、案情简介
·····························································································115
三、实训要求
·····························································································116
第七章民事诉讼法律实务——债权法实训·································································17
第一节债权案例分析
············································································117
一、案例分析引导
·······················································································117
二、分析思路和技巧····················································································118
第二节债权法案例模拟开庭···································································127
一、案情简介
·····························································································128
二、学习任务
·····························································································128
三、模拟开庭
·····························································································128
第三节债权案例实训练习
······································································148
一、实训目的
·····························································································148
二、案情简介
·····························································································148
三、实训要求
·····························································································149
法律实务教程
第三篇
民事非诉讼与商事仲裁程序
第八章律师非诉讼法律实务········································································ 152
第一节律师非诉讼业务概述···································································152
一、律师非诉讼业务的含义··········································································· 152
二、律师非诉讼业务范畴·············································································· 152
第二节非诉讼业务法律文书···································································155
一、法律意见书的概念及功能
········································································ 155
二、法律意见书的撰写要求··········································································· 156
第九章商事仲裁························································································ 160
第一节商事仲裁概述
············································································160
一、国内仲裁与国内仲裁代理
········································································ 160
二、仲裁案件中律师的基本要求
····································································· 160
三、律师在民商事仲裁案件中的职责和权限
······················································ 161
第二节仲裁组织及仲裁程序···································································163
一、仲裁庭的组成
······················································································· 163
二、仲裁案件开庭审理················································································· 164
三、仲裁庭合议与仲裁裁决的作出
·································································· 164
第三节仲裁实务技巧
············································································166
一、如何做好开庭前的准备··········································································· 166
二、怎样参加仲裁开庭················································································· 167
第四节仲裁案例分析
············································································168
一、案情简介
····························································································· 168
二、仲裁结果
····························································································· 169
三、简评
··································································································· 169
四、提示
··································································································· 170
第五节劳动争议仲裁
············································································173
第四篇
刑事诉讼实务
第十章刑事诉讼基本原理和流程·································································· 178
第一节立案侦查
··················································································178
一、公安机关立案侦查················································································· 178
二、检察机关立案侦查················································································· 181
三、人民检察院批准、决定逮捕
····································································· 183
四、侦查阶段的律师辩护业务
········································································185
第二节审查起诉
··················································································188
一、移送案件的审查····················································································188
二、起诉
···································································································191
三、不起诉
································································································192
四、审查起诉阶段的律师辩护工作
··································································193
第三节刑事审判
··················································································195
一、审判程序
·····························································································195
二、审判组织
·····························································································196
三、审判期限
·····························································································197
四、审判原则
·····························································································197
五、公诉案件一审庭审·················································································199
六、刑事诉讼第一审普通程序庭审基本流程
······················································202
七、人民检察院出庭支持公诉
········································································210
八、审判阶段的律师辩护··············································································215
法律职业认知
第一章
法律职业概述 ····················································································2
第二章
法官·································································································5
第一节
法官概述 ·····················································································5
一、法官的定义和任职条件
··············································································5
二、法官的职责
·····························································································6
第二节
法官职业道德 ···············································································8
一、法官职业道德的定义
·················································································8
二、法官职业道德要素
····················································································8
第三章
检察官 ····························································································19
第一节
检察官概述 ················································································19
一、检察官的定义和任职条件
·········································································19
二、检察官的职责
························································································20
第二节
检察官职业道德 ··········································································21
一、检察官职业道德的定义
············································································21
二、检察官职业道德要素
···············································································22
第四章
律师 ································································································30
第一节
律师概述 ···················································································30
一、律师的定义和任职条件
············································································30
二、律师的职责
···························································································31
第二节
律师职业道德 ·············································································31
一、律师职业道德的定义
···············································································31
二、律师职业道德的基本内容
·········································································32
法律实务教程
第二篇
民事诉讼实务
第五章民事诉讼基本原理和流程····································································40
第一节庭审前准备
················································································ 40
一、书记员需做的准备工作············································································ 40
二、书记员宣布法庭规则和法庭纪律
································································ 41
三、法官入庭和报告庭审前准备情况
································································ 41
四、核对确认诉讼参加人的身份
······································································ 41
五、宣布开庭
······························································································ 41
六、宣告案名、案由、审理程序和方式
····························································· 41
七、介绍审判人员
························································································ 42
八、告知诉讼权利义务，征询申请回避意见
······················································· 42
第二节民事诉讼庭审程序
······································································· 46
一、法庭调查
······························································································ 47
二、法庭辩论
······························································································ 51
三、当事人最后陈述····················································································· 52
四、法庭调解
······························································································ 52
五、休庭、评议和宣判·················································································· 53
第三节民事诉讼中的证据
······································································· 55
一、证据简介
······························································································ 55
二、民事诉讼中的证明对象············································································ 58
三、举证责任
······························································································ 62
四、证明程序
······························································································ 63
第四节民事诉讼中的证据应用································································· 66
一、民事诉讼中对民事证据收集主体有无法律要求
·············································· 66
二、对证据进行质证的顺序和内容
··································································· 66
三、证据质证中如何认定证据的客观性
····························································· 67
四、内容不合法的证据是否属于非法证据
·························································· 67
五、证据效力和证明效力有何区别
··································································· 68
六、复写件与复印件的效力是否一致
································································ 68
七、申请鉴定是否必须在举证期限内提出
·························································· 69
八、如何判断鉴定程序是否严重违法
································································ 69
九、鉴定材料未经开庭质证，鉴定意见是否合法
················································· 70
十、传真能否作为真实的举证
········································································· 70
十一、手机短信的证明效力如何
······································································ 71
十二、单一的视听资料能否采信
······································································ 72
第五节法律实务中的证据应用································································· 72
一、证据合法性的案例分析············································································ 72
二、未成年子女证言的案例分析
······································································ 74
三、举证责任的案例分析··············································································· 75
第六节法律文书
···················································································77
一、法律文书写作的基本方法
········································································· 77
二、典型民事法律文书的撰写及范文
······························································· 79
第六章民事诉讼实务——婚姻家庭法与继承法实训
···········································86
第一节婚继经典案例分析
·······································································86
一、案例介绍
······························································································ 86
二、本案涉及的相关法律知识
········································································· 87
三、案例分析思路及技巧··············································································· 88
四、本案的处理结果及思考············································································ 96
第二节婚继案例模拟开庭
·······································································97
一、案例介绍
······························································································ 97
二、学习任务
······························································································ 98
三、模拟开庭
······························································································ 98
四、评价及思考
··························································································114
第三节婚继案例实训练习
······································································115
一、实训目的
·····························································································115
二、案情简介
·····························································································115
三、实训要求
·····························································································116
第七章民事诉讼法律实务——债权法实训·································································17
第一节债权案例分析
············································································117
一、案例分析引导
·······················································································117
二、分析思路和技巧····················································································118
第二节债权法案例模拟开庭···································································127
一、案情简介
·····························································································128
二、学习任务
·····························································································128
三、模拟开庭
·····························································································128
第三节债权案例实训练习
······································································148
一、实训目的
·····························································································148
二、案情简介
·····························································································148
三、实训要求
·····························································································149
法律实务教程
第三篇
民事非诉讼与商事仲裁程序
第八章律师非诉讼法律实务········································································ 152
第一节律师非诉讼业务概述···································································152
一、律师非诉讼业务的含义··········································································· 152
二、律师非诉讼业务范畴·············································································· 152
第二节非诉讼业务法律文书···································································155
一、法律意见书的概念及功能
········································································ 155
二、法律意见书的撰写要求··········································································· 156
第九章商事仲裁························································································ 160
第一节商事仲裁概述
············································································160
一、国内仲裁与国内仲裁代理
········································································ 160
二、仲裁案件中律师的基本要求
····································································· 160
三、律师在民商事仲裁案件中的职责和权限
······················································ 161
第二节仲裁组织及仲裁程序···································································163
一、仲裁庭的组成
······················································································· 163
二、仲裁案件开庭审理················································································· 164
三、仲裁庭合议与仲裁裁决的作出
·································································· 164
第三节仲裁实务技巧
············································································166
一、如何做好开庭前的准备··········································································· 166
二、怎样参加仲裁开庭················································································· 167
第四节仲裁案例分析
············································································168
一、案情简介
····························································································· 168
二、仲裁结果
····························································································· 169
三、简评
··································································································· 169
四、提示
··································································································· 170
第五节劳动争议仲裁
············································································173
第四篇
刑事诉讼实务
第十章刑事诉讼基本原理和流程·································································· 178
第一节立案侦查
··················································································178
一、公安机关立案侦查················································································· 178
二、检察机关立案侦查················································································· 181
三、人民检察院批准、决定逮捕
····································································· 183
四、侦查阶段的律师辩护业务
········································································185
第二节审查起诉
··················································································188
一、移送案件的审查····················································································188
二、起诉
···································································································191
三、不起诉
································································································192
四、审查起诉阶段的律师辩护工作
··································································193
第三节刑事审判
··················································································195
一、审判程序
·····························································································195
二、审判组织
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三、审判期限
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四、审判原则
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五、公诉案件一审庭审·················································································199
六、刑事诉讼第一审普通程序庭审基本流程
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七、人民检察院出庭支持公诉
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八、审判阶段的律师辩护··············································································215
