一流法律家的胜任力标准和培养

Theory of Competency:How to Become an Outstanding Templar

现代法学教育正面临偏重于知识和技能的趋向,需要转以更深层次的胜任力为导向,把甄选和培育优秀法律人的差异才能作为标杆和蓝图,而不限于那些门槛才能。法律职业的胜任力结构主要包括个人效能、认知能力、过程执行和人际影响等方面的九项特征。寻求法律职业人才的卓越,前提是对适才适性者的选拔。因此,接受法律职业教育之前的甄选,应被视为与法律职业资格考试具有同等效力,推动实现行业准入的双轨制。在此基础上,推动实现法学教育的"区隔"培养,即除了那些最深层的胜任力特征,面对其他特征的培养应当分化,把判例研讨、模拟事务所及诊所教育等轻重有别地布局在一个递进的过程里。

Modern legal education is confronted with the conclusion of the self-control originated from the criterion for the legal profession＇s access that tends to focus on knowledge and technique. Consequently, the concept of ＂competency＂ should be submitted and be considered as the further new standard, which can differentiate the excellent legal professionals from other ones according to the ＂differentiating competency＂ rather than ＂threshold competency＂. The structure of competency of legal professionals possesses nine characteristics involving personal effectiveness, cognitive ability, process execution, and interpersonal influence. Because the candidates, who are adapted to enter the legal profession eventually, need to be distinguished in advance, the comprehensive selection at the time of the access of legal professional education should have the same validity as the qualification test, and an appropriate method of selection should be chosen. Meanwhile, law schools should divide the educational process into separated parts, which could be constructed into a logical and progressive mechanism. The case study, law firm simulation and clinical education are useful for the improvement of some competencies in addition to the knowledge, technique and other competencies.