从教育到实践:论法学硕士“理论型”定位培养的困境与出路

From Education to Practice:Dilemma of“Theoretically-based”Training in Master-of-laws Programs and Its Solution

当前我国法学硕士强调单一的"理论型"培养定位,注重与法律硕士的区分培养,使得实践中存在"理论型"法学硕士弱理论化、人才"假性过剩"的现象以及"实践型"法律硕士不能很好满足社会实践要求等困境。法学硕士的培养应该打破单一的"理论型"定位,在健全法律人格的基础上定位多元化。这不仅符合当前法学教育的实情,还能更好地满足社会实践的需求,同时也是对法学学科应用性和理论性双重本质属性的尊重,也顺应了高等教育中"理论型"与"实践型"理念融合的趋势。我国现阶段正处于社会转型重要时期、建设法治国家的关键阶段以及推进公共治理和全球化的新时代,新形势对法科研究生教育提出了新的要求。

The emphasis on theoretically-based training in master-of-laws programs in this country and their distinction from juris master＇s programs result in a practical dilemma： those from the former programs have weak theoretical preparation and are faced with a pseudo-oversupply while those from the latter programs cannot well meet the requirements of social practice. Therefore, the positioning of maste^of-laws programs should break away from their limited format of training and diversity should be promoted. This will better integrate theoretical and applied training as required by higher legal education and meet the social demands. Only by doing so, will legal education be able to live up to the expectations of our nation in its social transformation, strengthening of the rule of law, improvement of public management and endeavor for globalization.