法學(xué)教育與法律職業(yè)關(guān)聯(lián)性的比較法思考
發(fā)布時間：2019-06-22 09:49
【摘要】： 法制現(xiàn)代化是社會現(xiàn)代化的重要組成部分,20世紀(jì)初進行的清末修律,拉開了中國法制現(xiàn)代化的序幕,標(biāo)志著中國法制的發(fā)展已經(jīng)脫離了傳統(tǒng)的道路,走上了法制現(xiàn)代化的發(fā)展道路。20世紀(jì)是中國社會轉(zhuǎn)型的重要時期�；仡櫸覈ㄖ片F(xiàn)代化發(fā)展的百年歷程,這不僅是一個開啟民智、移植新法、融匯中西的變革過程,而且是一個帶領(lǐng)中華民族打破傳統(tǒng)的藩籬,獲得新生的歷程。在此,我們十分清醒的認(rèn)識到：雖然我國在法制現(xiàn)代化的過程中,遭遇過困惑與失敗、希望與幻滅,但是,法制現(xiàn)代化始終是符合社會發(fā)展規(guī)律的,是適應(yīng)了中國的民心、勢不可擋的。 改革開放以來,我國的法治建設(shè)已經(jīng)取得了一些成績,法治建設(shè)的基礎(chǔ)已經(jīng)初步奠定,但是,法治理想與現(xiàn)實之間仍然隔著巨大的鴻溝,我國法制現(xiàn)代化建設(shè),還有很長的路要走。建設(shè)法治國家是一個復(fù)雜的、系統(tǒng)的社會大工程。法學(xué)教育、法制建設(shè)、依法治國是其中最為重要的三個環(huán)節(jié),它們是緊密相連、密不可分的。法學(xué)教育是這三個環(huán)節(jié)的起點,起著十分重要的作用,其又與法律職業(yè)有著千絲萬縷的聯(lián)系。改革開放之后,我國的法學(xué)教育規(guī)模迅速擴大,法律職業(yè)也成為受人們青睞的熱門職業(yè)之一,但是,由于二者發(fā)展時間短、經(jīng)驗不足,又暴露出許多的問題。其中,法學(xué)教育與法律職業(yè)脫節(jié)的問題已經(jīng)嚴(yán)重影響到我國法學(xué)教育與法律職業(yè)的健康發(fā)展,成為一個急需解決的問題。 本文就是從這一問題入手,立足國情,圍繞著法學(xué)教育與法律職業(yè)的關(guān)系展開論述。本文共分為六個部分。第一、二個部分從我國法學(xué)教育與法律職業(yè)的現(xiàn)狀出發(fā),提出了我國存在的問題,探討了法學(xué)教育與法律職業(yè)的含義以及二者在應(yīng)然上的關(guān)系。第三個部分順著歷史的脈絡(luò),理清了我國法學(xué)教育與法律職業(yè)長期分離的原因。第四、五部分通過對西方法治發(fā)達(dá)的四個國家(美、英、德、法)的法學(xué)教育與法律職業(yè)狀況的考查研究,.找出了它們與中國的差異,理清了中國存在的問題。通過對西方法治發(fā)達(dá)國家的考查,我們可以發(fā)現(xiàn)不管采用何種方式,這些國家的法學(xué)教育與法律職業(yè)都是一種緊密結(jié)合的關(guān)系。反觀我國,法學(xué)教育與法律職業(yè)卻是一種分離的狀態(tài)。本文的第六個部分旨在解決這一問題,提出了改革我國法學(xué)教育與法律職業(yè),構(gòu)建二者的良性互動關(guān)系的建議,主張從法學(xué)教育的培養(yǎng)目標(biāo)、課程內(nèi)容、教學(xué)方式、司法考試制度等方面入手,完善我國的法學(xué)教育與法律職業(yè),建立起二者的良性互動關(guān)系,徹底解決我國法學(xué)教育與法律職業(yè)脫節(jié)的問題。
[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.
【學(xué)位授予單位】：廣西師范大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2010
【分類號】：D90-4
本文編號：2504469
[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.
【學(xué)位授予單位】：廣西師范大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2010
【分類號】：D90-4
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