法治职业共同体的内涵及其构建——中国法治建设人力资源问题初探

The Connotation and Construction of Professional Community of the Rule of Law——A preliminary study on human resources for the rule of law in China

推动法治建设,人的因素是关键因素。当前我国的法治工作从业者数量巨大、类型多样、素质良莠不齐。为落实中央关于"加强法治工作队伍建设"的政策,需对中国法治建设人力资源实行分类管理、精细化培养,而开展此项工作的前提是对这一职业共同体的内在结构与群体价值有充分的把握。有机互动的职业共同体可有效实现社会整合。法治职业共同体是实现中国法治的核心人力资源。基于对"中国特色","统一战线"等的考量及法治社会整合的需要,应加强法治职业共同体的构建。与"法律职业共同体"标准法定,成员特定的封闭结构不同,"法治职业共同体"更是抽象开放的精神共同体。前者关注"法律职业"功能发挥,树立法律权威,后者关注法治价值社会整合,促成法治信仰。内嵌了"法律职业共同体"的"法治职业共同体",呈现出"团体格局为内核的差序格局"构造。构建法治职业共同体应秉持"法学院——用人单位"共构理念,坚持职业素养的持续提升,呈现理智仁爱的群体气质,追求与其他社会主体的融通整合。应围绕综合性推进、知识理念一体化、阶段相衔接等关键环节,以法学教育为源动力,职业资格考试为风向标,职业培训为跟踪器,打造互洽协同的中国特色法治人力资源建构模型。中国法治职业共同体对内应关注各职业群体的素质提升、互动协调,对外应致力于共同体价值理念的外渗融合。

To promote the rule of law, the human factor is a key one. At present, the number of professionals of the rule of law in China is huge but they are varied and different in quality. To implement the central government＇s policy, it is necessary to classify, manage and refine the legal talents, and the premise of this work is to fully grasp the inner structure and the group value of the professional community. Interactive professional community can achieve social integration effectively. Professional of the rule of law is the core human resource to realize the rule of law in China. For the purpose of integration of a society by law and due to the need for ＂Chinese characteristics＂ and ＂united front＂, professional community of the rule of law should be constructed. Different from ＂legal professional community＂ which has a distinct boundary and exclusive structure with specific members, professional community of the rule of law is abstract, open, and ideological. The former focuses on the function of ＂legal profession＂ and establishes a legal authority, while the latter focuses on the value of social integration and fosters the faith in the rule of law. Embedded with legal professional community, professional community of the rule of law is featured with the structure of ＂pattern of difference sequence with group sequence as the kernel＂. In order to construct professional community of the rule of law, law schools and employing units are supposed to collaborate to achieve continuous improvement of professionalism, cultivate social morals of reason and benevolence, and pursue integration with other social subjects. Besides, attention should be paid to such key steps as comprehensive promotion, the integration of knowledge and ideas, connection by steps, to the source power of legal education, to the signpost of vocational qualification examination, and to the tracker of vocational training, all of which aims to facilitate the model construction of human resources for the rule of law with Chinese characteristics in the manner of negotiation and collaboration. Professional of the rule of law should pay attention to the quality promotion, interaction and coordination of all professional groups, and should devote themselves to the influence of community values.