现代法律教育比较研究

On the Reform of Japanese Legal Education in the New Century and its Problems: Centre on the Introduction of American-type Law School System

为了解决旧司法考试制度下法律职业者的数量不足、法律教育与法律职业者培养相脱节等问题，作为第三次司法改革的重要一环，日本自2004年起导入了美国式的法科大学院制度，由此迈出了新世纪法律教育改革的重要一步。法科大学院制度以增加法律职业者的数量并提高其质量为目标，试图通过理论与司法实务相结合的教育方式，培养更多“具备高度专业性法律知识、范围广泛的基本素质、国际性的素养、丰富的人文性和职业伦理的法律职业者”。该制度实施9年来，在法律职业者培养方面取得了一定的成就，但同时也存在着设立过滥、招生规模过大、司法考试合格率低下、教育质量不高、沦为应试教育等问题。

In order to solve the problems about insufficient number of legal professionals as well as the irrelevance of the legal education and the training of legal professionals under the old judicial examination system,Japan started to introduce the American-type law school system since 2004 as an important part of its third judicial reform,which meant Japan took an important step in reforming its legal education in the new century. Such law school system aims to increase the number of legal professionals and improve their quality. It seeks to train more legal professionals with ' highly specialized legal knowledge,a wide range of basic qualities,international literacy,rich humanity and professional ethics' by adapting the educational method of well combining the legal theory and judicial practices. The system has been implemented for nine years and made certain achievements in the training of legal professionals. However,it encounters some problems,such as the excessive establishment,oversize enrollment scale,low qualification rate of judicial examination,low educational quality,becoming exam-oriented education and so on.