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.
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The Paradox of Legal Education and Reform The Way of legal education in China
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