论法学教育中国模式的初步形成

On the Development of the Preliminary Model of Legal Education in China

新中国成立60多年来,中国法学教育经历了从学习前苏联模式,到借鉴大陆法系模式,又到混合模式,再到中国特色模式初步形成的变迁过程。经过60多年的发展,以多元化人才培养为教育目标,以多轨制法学教育制度为培养方式,以多类型知识建构和多层次学历、学位结构为教育内容,以理论与实践多重组合的教学模式为教育方法,构成了中国特色法学教育模式的基本元素;以教育行政部门的行政管理、司法行政部门的行业指导、法学教育行业协会的自律性管理和法学院校自我管理的四位一体教育管理模式,以法学教育和统一司法考试与法律职业为互动的教育就业机制,形成了中国特色法学教育模式与正常运行不可或缺的保障性机制。历史与现实向我们展示了中国法学教育模式形成的必然性,同时也警示我们存在的问题及其面临的挑战。

Since the founding of the P. R. C. , Chinese model of legal education has undergone a process of transformation, from studying the Soviet model, to drawing lessons from continental civil law systems＇ model, to the mixed model. And then to a model with Chinese characteristics gradually taking shape. Through more than 60 years＇ development, with the objective of training a di- versified workforce, taking a multi - track legal education system as the training method, using different types of knowledge struc- ture, multi - level qualification and degree as the basis of various content in education, regarding a model of theory and practice in multiple combinations as the educational methods, thus the basic elements of a model of legal education with Chinese charac- teristics were formed. With a four - in - one model for educational management which co operates the educational administrative departments＇ management, the ministries of Justice＇ s professional guidance, the professional associations for legal education＇ s self - disciplinary management, and law schools＇ self - conduct, together with an education - and - employment mechanism in which legal education, the unified judicial examination and the legal profession interacting with one another, thus formed the indispensable supporting systems of formation and sound - operation of the model of legal education with Chinese characteristics. History and the current situation have shown us the necessity of the development of a Chinese model of legal education, while at the same time warning us of existing problems and the challenges being faced.