中国法学教育之现状、问题与发展进路

发布时间：2018-05-17 16:49

本文选题：法学教育 + 时代使命　；参考：《西南政法大学》2010年硕士论文

【摘要】： 法立,则人存政不息,法治兴,则人安政不衰。法学教育之存乎,则法治益兴,国家益盛。可见,法学教育关乎法治立与兴,国家安与盛。在法治建设不断开展和深入,法律信仰逐渐萌生的新时代背景下,法学教育成为了这整个过程的关键词之一。我国法学教育发展至今,毋庸置疑,已经在诸如办学规模,培养模式,教学方法和课程设置等方面取得了巨大的突破性发展。在肯定成绩的同时,笔者根据法学专业的本身特点,结合当今时代特征,从我国法学教育的现状出发,指出了其存在的诸多症结和顽疾,并在此基础上进行具体的问题分析,给出了解决问题的思路和方法。所以,本文的基本框架如下:首先,明确时代背景以及在此背景下,法学教育所承担的时代使命:加快开创和发展权利文化,强调并建立对法律的信仰,努力增强实践技能,加强综合素质教育;其次,从模拟法庭、法律诊所、单位实习和案例教学等基本模式入手,客观地阐述我国法学教育培养模式的现状,肯定成绩,找出主要问题之所在:与法律职业相脱节,国际竞争力不足,办学层次不合理以及就业前景不明朗等,并对各个主要问题进行深入的分析,指出造成的原因;最后,则是基于前部分对问题的剖析,对我国法学教育未来的发展进路提出个人观点:以法律职业为导向,缩小并提高办学层次,走精英教育之路;完善课程设置,尤其在法学专业的课程表里增加伦理学、政治学和历史学等相关重要课程,以培养学生相应的素质和技能;建立多部门联合培养模式,学校与学校,学校与政府以及与其他相关单位,如与司法机关、律协和律所等加强交流与合作,使法学教育真正走上产学研相结合的道路,以实现理论教育和实践锻炼的充分结合,实现其与法律职业的真正接轨。通过本文的架构和分析,一方面使得整个法学教育的现状一目了然,另一方面使得现今沉寂的法学教育现状所掩盖的各种弊端暴露无遗。明了现状,揭露问题,有的放矢,才能真正解决问题,消灭顽疾,新时代中国法学教育才能最终走上持续稳定的健康之道,法治建设也因此能更好更快地得到发展。
[Abstract]:Law, the people keep government, the rule of law, people's peace and stability. The existence of legal education, the rule of law is more prosperous, the country is prosperous. It can be seen that legal education is related to the establishment and prosperity of the rule of law, the national security and prosperity. Under the background of the new era when the construction of the rule of law is being carried out and the legal belief is gradually springing up, law education has become one of the key words in the whole process. With the development of law education in China, there is no doubt that great breakthrough has been made in such aspects as the scale of running a school, the training model, the teaching method and the curriculum. At the same time, according to the characteristics of the major of law and the characteristics of the times, the author points out many sticking points and persistent problems in the present situation of law education in our country, and then analyzes the specific problems on this basis. The ideas and methods to solve the problem are given. Therefore, the basic framework of this paper is as follows: first, clear the background of the times and in this context, legal education undertakes the mission of the times: speed up the creation and development of the culture of rights, emphasize and establish the belief in the law, and strive to enhance practical skills. Secondly, starting with the basic models of mock court, law clinic, unit practice and case teaching, this paper objectively expounds the present situation of the training mode of law education in our country, and affirms its achievements. Find out where the main problems are: disjointed with the legal profession, insufficient international competitiveness, unreasonable level of running a school and uncertain employment prospects, and make an in-depth analysis of each major problem, pointing out the causes; finally, On the basis of the analysis of the problems in the first part, the author puts forward some personal views on the future development of legal education in China: taking the legal profession as the guide, narrowing and improving the level of running a school, taking the path of elite education, perfecting the curriculum, In particular, major courses such as ethics, political science and history should be added to the curriculum of the law major to develop students' corresponding qualities and skills, and to establish a multi-sector joint training model for schools and schools. Schools and governments, as well as other relevant units, such as the judiciary, law associations and law firms, to strengthen exchanges and cooperation, so that law education really on the road of integration of production, learning and research, in order to achieve the full combination of theoretical education and practical exercise, To achieve its true integration with the legal profession. Through the structure and analysis of this paper, on the one hand, it makes the present situation of the whole law education clear at a glance, on the other hand, it exposes all kinds of defects covered by the silent present situation of law education. Only by understanding the present situation, exposing the problems and aiming at them, can we really solve the problems and eliminate the stubborn diseases. Only in the new era can China's legal education finally embark on a healthy and sustainable way, and thus the construction of the rule of law can be developed better and faster.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D90-4

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