从“分数”选拔机制向“配套程序”选拔机制转换的司法人才培养制度——日本新司法考试制度及其启示

From the Standpoint of Switching the Selection System Based Only on a "Single Point" into a New Legal Training System Based on a "Process"—The New National Bar Examination of Japan and Its Implications for China

日本新司法考试制度是从过去靠"分数"选拔机制向通过"配套程序"选拔新的司法人才培养制度转换的一种新举措。它以法科大学院受到充实的教育以及严格的成绩评价和毕业认定为前提、以法科大学院的教育内容为基础而实施考试。它旨在通过司法考试和经过司法培训,确保法科大学院毕业生拥有法律道德素质以及思考力、分析力、辩论等能力。

The new national bar examination of Japan is a new system from the standpoint of switching the selection system based only on a ＂single point＂ into a new legal training system based on a ＂process＂ on the condition that thorough educational programs will be provided and strict grade evaluation and certification of completion of the coursework will be ensured at the law schools. It should be designed to take the educational programs at law schools into account, and should have the purpose of judging whether the candidates who have sufficiently mastered the educational programs and completed the coursework at law schools are equipped with enough knowledge and abilities to think, analyze and express themselves so as to be qualified to start the practice as legal professionals if they take the apprenticeship training provided after the examination.