我国台湾地区律师考试试题研究

发布时间：2018-05-28 01:15

本文选题：我国台湾地区律师考试 + 我国台湾地区律师考试试题　；参考：《吉林大学》2017年硕士论文

【摘要】：随着社会经济的发展,人们之间的交往越来越频繁,随之产生的法律纷争也越来越多,此时就凸显了律师这一职业在公民日常生活的重要性。不仅法官、检察官担负着保护公民合法权益的责任,律师也具有同样的宗旨和目的,因此,律师作为法律职业者,同样肩负着实现社会法治的重要职责,是实现裁判公正、司法正义的有效手段。而想要实现法治,律师就必须形成一个强有力的共同体,这个共同体体现在知识结构、思维方式、价值理念等方面的一致性。律师职业是一个专业技术性很强的职业,要成为一名合格的甚至是优秀的律师,需要具备多种素质,这些素质可以概括为知识素质和技能素质。而律师考试就是将符合现代法治需要的具备知识素质和技能素质的优秀人才选拔到律师职业队伍中来,律师考试作为一种选拔性的资格考试,证明考试合格的考生已经具备从事律师职业所需的专业知识以及专业能力等必要条件。所以,律师考试是选拔优秀律师的重要一环,是律师职业准入制度的关键点,体现了法律的严肃性和法治的重要性。律师考试有助于提高法律从业人员的专业素质,保证高素质的法律人才进入律师队伍,同时有利于律师职业共同体的实现,律师只有具备共同的法律信仰、丰富的法律专业知识和必要的法律职业素质,才能有效地维护法治的权威和统一。本文首先对我国台湾地区律师考试的情况、试题组成、考查素质、考试目的做了简要的介绍,其次以我国台湾地区律师考试试题为研究对象,分析了我国台湾地区律师考试试题在试卷组成、题型设计等方面的特点,同时结合现代社会和人们对律师的需求,指出了我国台湾地区律师考试试题在考试内容、考试题型、考查能力范围等方面的不足,我国台湾地区律师考试试题并未从律师本位的观点设计考题,无法对考生的法律职业素质做出全面的考查,无法选拔出具备专业性、自律性、公益性、在地性、国际性五种特性的优秀律师,因此,我国台湾地区律师考试试题有进一步改革的必要。我国台湾地区律师考试试题改革应当把握正确的方向,本文从法律职业专业化、精英化的思路以及律师考试的目标出发,同时借鉴了其他国家或地区的经验,建议我国台湾地区律师考试试题应该加深对法律伦理和法学英文的考查,设置多样化的申论题型深入地考查考生的智能技能,增加面试考查考生职业思维,将实习纳入到律师考试中。这样改革可以选拔出具有丰富法律专业知识、较高法律职业技能、良好法律素养和强烈的法律公正意识的律师,保证高素质的律师队伍。
[Abstract]:With the development of social economy, the communication between people is more and more frequent, and the legal disputes are more and more, which highlights the importance of the profession of lawyer in the daily life of citizens. Not only judges but also public procurators shoulder the responsibility of protecting the legitimate rights and interests of citizens, and lawyers also have the same purpose and purpose. Therefore, lawyers, as legal professionals, also shoulder the important responsibility of realizing the rule of law in society, and realize the justice of adjudication. An effective means of judicial justice. In order to realize the rule of law, lawyers must form a strong community, which is embodied in the consistency of knowledge structure, mode of thinking, value concept and so on. The profession of lawyer is a professional and technical profession. To be a qualified or even excellent lawyer, a variety of qualities are needed, which can be summed up as knowledge quality and skill quality. The lawyer examination is to select the excellent talents with knowledge quality and skill quality that meet the needs of the modern rule of law into the lawyer profession. The lawyer examination is a kind of selective qualification examination. Candidates who have passed the examination have the necessary professional knowledge and competence to engage in the profession. Therefore, the examination of lawyers is an important part of the selection of excellent lawyers and the key point of the admission system of lawyers, which embodies the seriousness of the law and the importance of the rule of law. The examination of lawyers helps to improve the professional quality of legal practitioners, to ensure the entry of high-quality legal personnel into the team of lawyers, at the same time is conducive to the realization of the professional community of lawyers, lawyers only have a common legal belief, Only the rich legal professional knowledge and the necessary legal professional quality can effectively maintain the authority and unity of the rule of law. Firstly, this paper briefly introduces the situation, composition, quality and purpose of the lawyers' examination in Taiwan area, and then takes the lawyers' examination question of Taiwan area as the research object. This paper analyzes on the characteristics of the lawyers' examination questions in Taiwan, such as the composition of the examination papers and the design of the questions, and points out the contents and the types of the questions of the lawyers' examination questions in Taiwan, combining with the needs of the modern society and the people for lawyers. Lack of examination ability and other aspects, China's Taiwan area lawyers examination questions have not been designed from the perspective of lawyers, unable to make a comprehensive examination of the examinee's legal professional quality, unable to select candidates with professionalism and self-discipline. Public welfare, local, international, five characteristics of excellent lawyers, therefore, China's Taiwan area lawyers examination questions are necessary for further reform. The reform of the examination questions of lawyers in Taiwan area should be directed in the right direction. This paper starts from the ideas of the specialization of the legal profession, excellence and the goal of the lawyers' examination, and draws lessons from the experience of other countries or regions. It is suggested that the examination questions of lawyers in Taiwan should deepen the examination of legal ethics and legal English, set up a variety of questions to examine the intelligence skills of the examinees, and increase the professional thinking of the examinees. Incorporate the practice into the lawyer's exam. In this way, lawyers with rich legal professional knowledge, higher legal professional skills, good legal literacy and strong sense of legal justice can be selected, and a team of high-quality lawyers can be guaranteed.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.5

【参考文献】