以诊所法律教育统领法律实践教育:可行性及制度设计

Guiding Law Practice Education with Clinical Law Education:Feasibility and System Design

长期以来,我国法学教育存在的法学教育产出与法律实践需求之间的矛盾一直未得到有效解决。究其原因,不是没有顶层设计,而是顶层设计过多过乱;不是没有探索,而是探索杂乱无序。在培养法科毕业生实践能力的方法改革中,诊所法律教育日渐显示出勃勃生机与活力,正在逐步进入我国高等法学院校及科研机构的法学教育体系,并向着入主流、规范化、国际化的方向发展,已经形成中国特色的诊所法律教育模式,并将围绕形成中国理论、运用中国方法、解决中国问题的目标进一步发展完善。我们应在法学教育改革中全面推行中国特色诊所法律教育。应该把诊所法律教育作为法学教育的主流课程和必修课程,施教对象由法学本科生拓展至法科研究生,考核方法由软性考核制转化为强制考核制,承担诊所法律教育的师资队伍也应由单一型师资向"双师型"师资转变。

For a long period, the unbalance between the supply of law education and the demand on legal practices hasn＇t been solved effectively. The reason is not because there is no top-level design, but for the top-level design is excessive and disordered. There have also been some explorations to this unbalance, but disorganized. In the reform on methods of building practical ability of law students, the clinical law education shows more and more vitality, and is gradually entering law education system of law schools and research institutions. Such law education is developing in the directions of mainstream, standardization, and internationalization. It has formed a clinical law education model with Chinese characteristics and will contribute to the formation of Chinese law theories, using Chinese methods, and solve Chinese issues. It is time to fully promote clinical law education with Chinese characteristics in the reform on law education system. The clinical law education should be considered as one of the main courses and a compulsory course of law education, in which the teaching objects should be expanded to both undergraduates and graduates of law, assessment methods should be changed from the soft assessment system to a compulsory assessment system, and the teaching group for clinical legal education should also be changed from the single- teacher type to a double-qualified teachers＇ type.