论法学教育中法律职业道德的培养

发布时间：2018-07-15 16:28

【摘要】： 建设社会主义法治国家,既要有健全的法律体系,也需要有一支高素质的法律职业共同体队伍。但目前我国还未形成一个相对独立的法律职业者阶层。当前影响我国法律职业共同体构建的主客观因素很多,其中一个重要的问题就是法律职业伦理问题。职业伦理的缺失,造成了司法腐败严重,也直接影响法律职业的声誉和形象,直接威胁到司法的公正,从根本上阻碍依法治国方略的实施。法学院校作为法律人才最主要的培育基地,其教育功能对我国法律人才的培养,对我国法律职业共同体的构建乃至对我国法治建设进程,都起着至关重要的作用。在我国高校法学教育中,如何培养出又“红”又“专”的法科毕业生,使其正义与技艺或者德行与才干兼具,使所有成员在素质上都能尽量达到道德与业务能力之间的均衡,已成为我国法学教育亟待研究和解决的问题。全文以法律职业为引线,立足于我国法律职业道德教育的现状,通过对法律职业道德教育的必要性及弱化原因的分析,特别是对法律职业道德及法律职业道德教育的独特性进行挖掘和剖析,旨在对我国法律职业道德教育所要遵守的基本原则及我国法律职业道德教育的实现的基本路径做出有益的探索。全文分五个部分。第一部分从法律与道德的关系,法律职业道德教育的使命,法律职业道德与法律职业的关系等方面分析了我国法律职业道德教育的必要性;第二部对我国法律职业道德教育的现状进行了全面介绍,并对造成现状的原因进行深入的分析;第三部分对法律职业道德及法律职业道德教育的本质及特征进行了深入挖掘和阐释;第四部分了提出了我国法律职业道德教育应该坚持的原则和理念,在此基础上提出我国法律职业道德教育的实现途径;文章最后对全文做了总结,重申我国法律道德教育的重要性及紧迫性,希望能对法律职业道德教育规律进一步的深入研究,为我国法制建设培养出技术与道德兼具的法律职业人才。
[Abstract]:The construction of a socialist country under the rule of law requires a sound legal system and a high quality legal professional community. But at present, a relatively independent class of legal professionals has not been formed in our country. At present, there are many subjective and objective factors affecting the construction of the legal profession community in China, and one of the important issues is the law. The problem of professional ethics, the lack of professional ethics, has caused serious judicial corruption, which directly affects the reputation and image of the legal profession, directly threatens the justice of the judiciary, and fundamentally impede the implementation of the rule of law. The legal academy is the main cultivation base of the legal talents, and its educational function is trained to the legal talents of our country. The construction of the legal professional community of the country and even the process of the construction of the rule of law in our country plays a vital role. In the law education of China's colleges and universities, how to cultivate "red" and "special" French graduates so that their justice and skill or virtue and ability can be concurrently achieved, so that all members can achieve moral and business ability in their quality as far as possible. The balance between forces has become a problem that needs to be studied and solved in Chinese legal education.
The full text is based on the legal profession as the lead, based on the present situation of the legal professional ethics education in China, and through the analysis of the necessity and the reasons for the weakening of the legal professional moral education, especially the uniqueness of the legal professional ethics and the legal professional moral education, aiming at the basis for the legal professional ethics education in our country to abide by. This principle and the basic path of the realization of our legal professional ethics education make a useful exploration.
The full text is divided into five parts. The first part analyzes the necessity of our country's legal professional moral education from the relationship between law and morality, the mission of legal professional moral education, the relationship between legal professional ethics and the legal profession, and the second part of the present situation of the legal professional ethics education in China, and the reasons for the present situation. In-depth analysis; the third part of the legal professional ethics and the nature of the legal professional ethics and characteristics of the in-depth excavation and interpretation; the fourth part of the legal professional ethics education should adhere to the principles and ideas, on this basis, put forward the implementation of China's legal professional ethics education; the article at the end of the article The full text has made a summary, reaffirms the importance and urgency of China's legal moral education, and hopes to further study the law of legal professional ethics education, and cultivate legal professionals with both technology and morality for the construction of our legal system.
【学位授予单位】：首都师范大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D90-4

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