民国律师的养成与律师制度的局限——以1930年代的上海为例

On Cultivation of Lawyers and Limitation of Lawyer System in the Republic of China——A Case Study of Shanghai in the 1930s

1930年代的上海是中国律师人数最多的城市,多数法学院校也倾向于培养律师,不仅专门开设了相关的课程,在办学过程中也为学生成功取得律师资格提供诸多方便。此外,校方也善于利用免试取得律师证书的规定,通过篡改成绩和刻意提高分数的方式帮助其毕业生获得律师资格。这一现象产生的原因,应当归结于南京国民政府在监督法学院办学过程中的措施失当律师准入制度的根本问题没有解决,却变相给予了学校进一步操作的空间,毕业文凭与免试取得律师证书成为各校新的资本,学校、教员和学生在法律教育的过程中达成了教育目标上的默契。

In the 1930s, Shanghai had the largest number of lawyers in China. Various law schools focusedtheir teaching on the cultivation of lawyers through offering related courses and providing much assistancefor students to successfully qualify for the bar. In addition, the schools made good use of the exemptionprovisions of lawyers certificates, and helped their graduates to get lawyers qualifications through tamperingwith grades and deliberately improving fractions. The cause of this phenomenon should be attributedto the improper oversight on the education of law schools by Nanjing National Government. The regulatoryvacuum gave further operational space for law schools. It thus became various schools^ new capital of obtaininggraduation certificates and obtaining lawyers certificates by being exempted from examination. In thisway, schools, teachers and students reached a tacit agreement of teaching objectives in legal education.