沈家本法学教育思想研究
发布时间：2018-08-17 11:33
【摘要】：沈家本(1840-1913),清末著名的法学家、立法家和法学教育家,中国近代法学的奠基者。在近代法学教育方面,他结合清末修律大胆地提出了符合当时需要的一系列法学教育思想并付诸于教育实践,为改变传统法学教育局面发挥了重要作用。目前,学术界对沈家本法学教育思想的系统研究还比较鲜见。笔者以为,其法学教育思想是其众多思想的重要内容之一,不可忽视。本文以沈家本法学教育思想为研究对象,探究其教育思想体系和教育实践尝试,了解造就一代法学宗师的精神和学术因素,并紧密结合当前我国法学教育现状以及人才培养方面暴露出的诸多问题,深入探讨推进我国应用型法学人才培养方式转型、提高法学教育质量的模式与路径。本文共分六个部分:第一章为绪论部分,主要介绍了沈家本法学教育思想的研究现状、研究内容、创新点、研究思路与研究方法等。第二章,主要探讨沈家本法学教育思想的产生过程,围绕历史背景、思想渊源、实践基础、根基与动力等方面,探究一代宗师的教育思想形成因素与溯源。第三章,重点对沈家本法学教育思想的理论体系及教育实践进行研究。理论上,重点阐述法学教育重要性理论,多主体、多层次、多形式办学的理念、思路与措施,以及课程设置、教材选用的新体系等;实践上,力主重设律博士、改良监狱制度、创建京师法律学堂、派遣留学生与聘请外国教员、汇编中外法律文本、兴办学术团体等。第四章,对沈家本法学教育思想的积极意义与局限性进行客观评价,从更深层面了解其法学教育思想的时代意义及其视野局限。第五章,分析我国法学教育与人才培养现状,探讨沈家本法学教育思想对我国应用型法学人才培养带来的启示与借鉴。第六章为结论与展望,总结了研究结论、研究不足以及后续研究问题的必要和可能。
[Abstract]:Shen Jiaben (1840-1913), a famous jurist, legislator and educator of law in the late Qing Dynasty, was the founder of Chinese modern law. In the field of modern law education, he boldly put forward a series of legal education ideas which accord with the needs of the late Qing Dynasty and put them into practice, which played an important role in changing the situation of traditional law education. At present, the academic circles to Shen Jiaben legal education thought systematic research is still relatively rare. The author thinks that his legal education thought is one of the important contents of his numerous thoughts, which can not be ignored. This article takes Shen Jiaben's legal education thought as the research object, probes into his educational thought system and educational practice, and understands the spiritual and academic factors that bring up a generation of legal master. Combined with the current situation of law education and the problems of talent training in China, this paper probes into the mode and path of promoting the transformation of practical law talents training and improving the quality of law education. This paper is divided into six parts: the first chapter is the introduction, mainly introduces the research status, research content, innovation, research ideas and research methods of Shen Jiaben's legal education thought. The second chapter mainly discusses the process of the emergence of Shen Jiaben's educational thought of law, and probes into the forming factors and tracing to the source of the educational thought of the guru of a generation around the historical background, ideological origin, practical foundation, foundation and motive force and so on. The third chapter focuses on the theoretical system and educational practice of Shen Jiaben's legal education thought. In theory, it focuses on the theory of the importance of legal education, multi-subject, multi-level, multi-form school idea, ideas and measures, as well as the new system of curriculum design and textbook selection, etc. In practice, it is urged to re-establish the law doctor, improve the prison system, and so on. To set up a Beijing Law School, send foreign students and teachers, compile Chinese and foreign legal texts, set up academic groups, etc. In the fourth chapter, the positive significance and limitation of Shen Jiaben's legal education thought are evaluated objectively, and the time significance and the limitation of his legal education thought are understood from a deeper level. The fifth chapter analyzes the present situation of law education and talent training in China, and probes into the enlightenment and reference of Shen Jiaben's legal education thought to the cultivation of applied law talents in our country. The sixth chapter is the conclusion and prospect, summarizes the research conclusion, the research insufficiency and the follow-up research question necessity and the possibility.
【学位授予单位】：北方工业大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D909.2
本文编号：2187505
[Abstract]:Shen Jiaben (1840-1913), a famous jurist, legislator and educator of law in the late Qing Dynasty, was the founder of Chinese modern law. In the field of modern law education, he boldly put forward a series of legal education ideas which accord with the needs of the late Qing Dynasty and put them into practice, which played an important role in changing the situation of traditional law education. At present, the academic circles to Shen Jiaben legal education thought systematic research is still relatively rare. The author thinks that his legal education thought is one of the important contents of his numerous thoughts, which can not be ignored. This article takes Shen Jiaben's legal education thought as the research object, probes into his educational thought system and educational practice, and understands the spiritual and academic factors that bring up a generation of legal master. Combined with the current situation of law education and the problems of talent training in China, this paper probes into the mode and path of promoting the transformation of practical law talents training and improving the quality of law education. This paper is divided into six parts: the first chapter is the introduction, mainly introduces the research status, research content, innovation, research ideas and research methods of Shen Jiaben's legal education thought. The second chapter mainly discusses the process of the emergence of Shen Jiaben's educational thought of law, and probes into the forming factors and tracing to the source of the educational thought of the guru of a generation around the historical background, ideological origin, practical foundation, foundation and motive force and so on. The third chapter focuses on the theoretical system and educational practice of Shen Jiaben's legal education thought. In theory, it focuses on the theory of the importance of legal education, multi-subject, multi-level, multi-form school idea, ideas and measures, as well as the new system of curriculum design and textbook selection, etc. In practice, it is urged to re-establish the law doctor, improve the prison system, and so on. To set up a Beijing Law School, send foreign students and teachers, compile Chinese and foreign legal texts, set up academic groups, etc. In the fourth chapter, the positive significance and limitation of Shen Jiaben's legal education thought are evaluated objectively, and the time significance and the limitation of his legal education thought are understood from a deeper level. The fifth chapter analyzes the present situation of law education and talent training in China, and probes into the enlightenment and reference of Shen Jiaben's legal education thought to the cultivation of applied law talents in our country. The sixth chapter is the conclusion and prospect, summarizes the research conclusion, the research insufficiency and the follow-up research question necessity and the possibility.
【学位授予单位】：北方工业大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D909.2
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