法学院校全真型实践教学的困境与应对

Genuine Practice Teaching in Law Schools:Plight and Ways Out

法学院校目前的传统型实践教学如模拟审判,有着形式性强、实际效果较差的弊端,为强化对学生实务能力的锻炼,应大力加强全真型实践教学。全真型实践教学,强调教师与学生共同办理现实的案件,学生在办案中进行学习。目前,法学院校欠缺有力的制度支持,不能自办律师事务所,不能与司法机关合办实践教学学院,学生也没有法律授予的特殊的诉讼权利,所以全真型实践教学的开展困难重重。法学院校应加强与律师事务所的合作,在考核制度与职称制度等方面进行改革,使全真型实践教学成为主要的实践教学方式。

Presently,law schools continue to adopt the traditional practice teaching,such as mock trial,which is tinged with formality and less effective.Genuine practice teaching should be stressed so as to boost law students＇ practical capability.In genuine practice teaching,teachers and students are supposed to conduct actual lawsuits.However,law schools are presently not permitted to have their own law firms.Neither can they cooperate with judicial organs to co-sponsor a practice teaching school.To make it worse,law students are not legally granted the rights of litigation.Therefore,this kind of genuine practice teaching is difficult to put into effect.It is suggested that law schools strengthen their cooperation with law firms.