两大法系司法考试制度之比较与借鉴

Comparative Research on the Bar Examination of the Two Legal Systems and Their Experience for Reference

大陆法系国家的司法考试制度实行横向一体化模式,而英美法系国家实行法律职业一元化模式。产生这种不同的主要原因在于两大法系的法官、检察官选任制度和法学教育制度的不同。我国的司法考核制度还处于起步阶段,并在一定程度上与我国的法官、检察官选任制度以及法学教育相脱节。完善我国的司法考试制度,旨在使这一制度和法官、检察官选任、法学教育等制度相契合。

The characteristics of the uniform Bar examination are different between civil law system and common law system. This originated from the different selection systems of the two legal systems about prosecutors and judges as well as the disparity of their educational systems. In china, the examinational system of judicature need making perfection because it is not in harmony with the selection of prosecutors and judges also with educational system of jurisprudence law.