法学教育与法律职业关联性的比较法思考

发布时间：2019-06-22 09:49

【摘要】： 法制现代化是社会现代化的重要组成部分,20世纪初进行的清末修律,拉开了中国法制现代化的序幕,标志着中国法制的发展已经脱离了传统的道路,走上了法制现代化的发展道路。20世纪是中国社会转型的重要时期。回顾我国法制现代化发展的百年历程,这不仅是一个开启民智、移植新法、融汇中西的变革过程,而且是一个带领中华民族打破传统的藩篱,获得新生的历程。在此,我们十分清醒的认识到：虽然我国在法制现代化的过程中,遭遇过困惑与失败、希望与幻灭,但是,法制现代化始终是符合社会发展规律的,是适应了中国的民心、势不可挡的。改革开放以来,我国的法治建设已经取得了一些成绩,法治建设的基础已经初步奠定,但是,法治理想与现实之间仍然隔着巨大的鸿沟,我国法制现代化建设,还有很长的路要走。建设法治国家是一个复杂的、系统的社会大工程。法学教育、法制建设、依法治国是其中最为重要的三个环节,它们是紧密相连、密不可分的。法学教育是这三个环节的起点,起着十分重要的作用,其又与法律职业有着千丝万缕的联系。改革开放之后,我国的法学教育规模迅速扩大,法律职业也成为受人们青睐的热门职业之一,但是,由于二者发展时间短、经验不足,又暴露出许多的问题。其中,法学教育与法律职业脱节的问题已经严重影响到我国法学教育与法律职业的健康发展,成为一个急需解决的问题。本文就是从这一问题入手,立足国情,围绕着法学教育与法律职业的关系展开论述。本文共分为六个部分。第一、二个部分从我国法学教育与法律职业的现状出发,提出了我国存在的问题,探讨了法学教育与法律职业的含义以及二者在应然上的关系。第三个部分顺着历史的脉络,理清了我国法学教育与法律职业长期分离的原因。第四、五部分通过对西方法治发达的四个国家(美、英、德、法)的法学教育与法律职业状况的考查研究,.找出了它们与中国的差异,理清了中国存在的问题。通过对西方法治发达国家的考查,我们可以发现不管采用何种方式,这些国家的法学教育与法律职业都是一种紧密结合的关系。反观我国,法学教育与法律职业却是一种分离的状态。本文的第六个部分旨在解决这一问题,提出了改革我国法学教育与法律职业,构建二者的良性互动关系的建议,主张从法学教育的培养目标、课程内容、教学方式、司法考试制度等方面入手,完善我国的法学教育与法律职业,建立起二者的良性互动关系,彻底解决我国法学教育与法律职业脱节的问题。
[Abstract]:The modernization of legal system is an important part of social modernization. The revision of the law in the late Qing Dynasty at the beginning of the 20th century opened the prelude to the modernization of China's legal system, indicating that the development of China's legal system has been divorced from the traditional road and embarked on the development road of legal modernization. The 20th century is an important period of social transformation in China. Looking back on the hundred years of the development of the modernization of the legal system in our country, this is not only a process of opening up the wisdom of the people, transplanting the new law and integrating China and the West, but also a process of leading the Chinese nation to break through the traditional barriers and obtain a new life. Here, we are very soberly aware that although our country has encountered confusion and failure, hope and disillusionment in the process of legal modernization, but the modernization of the legal system has always been in line with the law of social development, adapted to the hearts of the Chinese people, unstoppable. Since the reform and opening up, some achievements have been made in the construction of the rule of law in our country, and the foundation of the construction of the rule of law has been initially laid. However, there is still a huge gap between the ideal of the rule of law and the reality. There is still a long way to go in the modernization of the legal system in our country. Building a country ruled by law is a complex and systematic social project. Legal education, legal construction and governing the country according to law are the three most important links, which are closely linked and inseparable. Legal education is the starting point of these three links and plays a very important role, and it is inextricably related to the legal profession. After the reform and opening up, the scale of legal education in our country has expanded rapidly, and the legal profession has become one of the popular occupations. However, due to the short development time and lack of experience, many problems have been exposed. Among them, the disconnection between legal education and legal profession has seriously affected the healthy development of legal education and legal profession in our country, and has become an urgent problem to be solved. Starting from this problem, based on the national conditions, this paper discusses the relationship between legal education and legal profession. This paper is divided into six parts. The first part, starting from the present situation of legal education and legal profession in our country, puts forward the existing problems in our country, and probes into the meaning of legal education and legal profession and the relationship between them. The third part, along with the historical context, clarifies the reasons for the long-term separation of legal education and legal profession in our country. Fourth, the fifth part through the western rule of law developed four countries (the United States, Britain, Germany, law) of the legal education and legal professional status of the examination and research. The differences between them and China are found out, and the problems existing in China are clarified. Through the examination of the developed countries ruled by law in the West, we can find that no matter what way we use, the legal education and legal profession in these countries are closely integrated. On the other hand, legal education and legal profession are a state of separation in our country. The sixth part of this paper aims at solving this problem, puts forward some suggestions on reforming the legal education and legal profession in our country and constructing the benign interactive relationship between them, and advocates perfecting the legal education and legal profession of our country and establishing the benign interactive relationship between the two from the aspects of the training goal, curriculum content, teaching mode and judicial examination system of legal education. Thoroughly solve the problem of disconnection between legal education and legal profession in our country.
【学位授予单位】：广西师范大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D90-4

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