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The Paradox of Legal Education and Reform The Way of legal education in China
From;    Author:
Li Xianbo Li Xianbo male, in April 1963 Health, Hunan Cili people. Hunan Normal University Law School Dean, Professor, Civil and Commercial Master leaders, the Academic Committee, "Legal Times," deputy editor, WTO Law Legal Research Center, Hunan Social Sciences "Hundred Project" scholars, executive director of China Society of Private International Law, Georgetown University, senior visiting scholars. China should learn from the German model, the quality of legal education located in a combination of education and vocational education, in legal education should not only focus on theoretical knowledge of the culture, but also pay attention to practical ability. To reach this goal, we must improve teaching methods, the use of case teaching, teaching clinics to improve student interest in learning; proper control of the size of legal education, and further improve the judicial examination system. - Li Xianbo Since reform and opening, with the development of higher education, law education in China has made remarkable achievements, but also exposed many problems and shortcomings. I will combine all these years in legal education and practice management by Experience in legal education about the existence of several paradoxes, and the corresponding reform initiatives to reform legal education in China can be helpful. Some Paradoxes of Legal Education Quality Education and Vocational Education The goal of legal education is to cultivate talent or training law legal theory applied talent? Since the legal education have been the debate about legal education orientation has never stopped. Quality Education, said that legal education should be When is a liberal education, the main task is to provide students with basic theoretical knowledge of the system of law. The Vocational Education, said the view that legal education is a kind of training applied talents of vocational education, the main task is to train law Professional. Judging from abroad, the positioning of legal education is also quite different. For example, the U.S. legal education is vocational education, which is equivalent to our starting point for graduate education, undergraduate education law does not exist Education. Legal education in many civil law countries are more theory-oriented education. There are a number of countries adopting both professional education and quality education mode. For example, in Germany, legal education is divided into two stages, namely university- based Stage of basic education and probationary. The former to impart knowledge of abstract legal theory and case analysis as the main training content. The end of the first phase of student learning, and through the first national examination, although a Prepared the qualifications in the legal profession, but if the legal profession, but also must be probationary phase of the study, and through the second state examination. Top professional and employment difficulties With the continuous progress of our society and the rule of the concept of changing the law became a "school of learning." In recent years, law has always been the envy of most popular professional, and only students with higher test scores have a chance to enter Legal Education Law School to accept. It stands to reason, should be a popular professional social demand, the high rate of student employment professional. However, the opposite. According to reports and surveys show: today's law graduates for professional Employment rate is almost the lowest. Why? In addition to prevailing labor market supply and demand imbalance caused by the employment pressure, the All China Lawyers Association, can not apply for graduate students about internships and lawyers to practice law Provides a certain extent, affected the employment of law graduates. If students can not apply for a practicing certificate and internship certificate, it is difficult to imagine that a graduate student from a non-lawyer to do a paid internship From what some circumstances. Education scale and the quality of education China's reopening in 1977, the country only three law schools during the legal education system, in 1999 the country has more than 300 institutions of higher learning set up by the ordinary law faculty or the legal profession, and to set the 2005 National Law Undergraduate course has more than 600 colleges and universities. Although the intervention in the education sector is also adjusted, but the situation is "edge control, while inflation." Legal Education in scale, speed of development is indeed shocked. Party Hand, expanding legal education, the increasing number of law schools; and on the other hand, the quality of law graduates has been declining. Many school teachers, teaching facilities, teaching methods, materials and other various books Do not keep up with multiple indicators of continuing legal education expansion of the scale. Under such conditions, the quality of out students is understandable. Legal Education and Judicial Examination Since the establishment of a national unified judicial examination system since it has been the relationship between legal education there is a certain contradiction. Through years of practice, judicial examination, we found a strange phenomenon: the number of undergraduate students through the Department of Law Traditional four years (or longer) professional education can not be through the judicial examination, and some non-law students or some legal profession since the candidates by reading a few of the judicial examination materials, after several months of review was able to sprint along Lee passed the examination and report from time to time, the provincial judicial examination of the champion was never received from the candidates of legal education. This is undoubtedly the traditional legal education is a great irony for us is the impact of legal education Obvious. A feature of judicial examination is to examine a wide range of content of fine, according to the law as the key link section, study focus on the basics of law and deal with practical problems, and does not reflect the candidate's legal theory foundation and prime Support. The judicial examination by a person who is about to become law, if do not have the high quality of legal theory, to get more competitive, more and more rapid social development, legal affairs accounted for complicated times It is difficult to place. On Legal Education Reform proposals The face of the paradox, I believe that our legal education should be reformed from the following aspects: Legal education should be a clear position. The author believes that China should learn from the German model, the quality of legal education located in a combination of education and vocational education, in legal education should not only focus on theoretical knowledge of the culture, but also Should pay attention to practical ability. Law should be based on their different conditions can be focused, such as research universities focus more on legal education to quality education. In addition, educators should be based on student preferences and Potential, abilities, do not force unity. Improve teaching methods. All along, China adopts a "spoon-fed" teaching methods. In this way, students trained in a general lack of creativity and imagination, thinking prone to inertia, learning, easy to fall into Into the passive. To this end, we must change this relatively boring teaching methods, a significant increase in operating practices that will help improve their ability to help stimulate student interest in learning and teaching methods, such as the case method, Teaching clinic, moot court teaching, teaching method of debate, discussion teaching method and so on. Proper control of the scale of legal education. In recent years, law major reason why the employment rate is relatively low, and the existence of blind expansion of legal education in close contact. Moreover, legal education is not moderation is also a greater degree of scale The quality of legal education. To this end, China's employment rate could be considered as an important indicator of Enrollment Law, the employment rate is low or very low for the law school, should strictly control the size of its enrollment; clearly defined legal Education, school conditions, school conditions for the legal education system is not up to the law school should cancel their enrollment status. Further improve the examination system of justice, legal education and straighten out the relationship between the judicial examination. Although the unified judicial examination system in China has made remarkable achievements in the implementation, but its existence can not be ignored. Author The view that China should learn from the German model on the judicial examination system reform. First, the law should provide that only after their undergraduate studies allowed to participate in the State Judicial Examination. Secondly, in the legal education Education process, should be a substantial increase in legal professional skills, legal aspects of professional ethics of teaching content. Finally, the unified judicial examination is divided into three phases: the first item is an objective test, the main test of the candidates knowledge of the legal basis and legal basis for theory; the second stage examination of subjective questions, the main sub-test of the candidates Analysis ability, reasoning ability, skills, operational capacity, thinking ability, etc.; the third stage for the interview, the resilience of the major test of the candidates, such as verbal ability.