日本的临床法学教育及对我国的启示

Clinical Legal Education in Japan and Its Inspiration

临床法学教育以法科大学院制度的建立为契机而被引入了日本的法学教育领域。临床法学教育主要包括法律诊所、模拟课程和校外实习三种形式,其目前已成为法科大学院用以培养学生法律职业技能的首要教学模式。我国法学教育存在过重依赖法律诊所这一形式的弊端。借鉴日本临床法学教育的经验,我国的法学教育应对模拟课程和校外实习在培养学生法律职业技能方面的作用予以足够的重视。

It was the establishment of law school that led to the introduction of clinical legal education into the field of Japan＇s legal education.Legal clinic,simulation course and externship are the main forms of clinical legal education,and nowadays,it has become the primary mode of teaching in building the legal vocational skills of law school students in Japan.For China＇s legal education,one of the malpractices is that it unduly relies on the legal clinic to train the legal vocational skills of students.What we can learn from the Japanese experience is that,apart from legal clinic,we should also pay appropriate attention to the forms of simulation course and externship for their roles in building the skills abovementioned.