走向实践前置:中国法律实践教学的演进趋势

Towards Legal Practical Teaching Preceding: The Evolution Trend of Chinese Legal Practice Teaching

经过多年发展,中国法律实践教学取得了一定的成绩,但知识教学和实践教学断裂、理论传授和能力培养分离等问题在中国法律实践教学中仍然存在,学界对此有所反思,但因为对于法律实践教学的内涵、类型、定性和使命缺乏系统总结提炼,从而对于中国法律实践教学的发展趋势不能形成很好的指导,未能形成法律实践教学的中国风格和中国贡献。实践教学的实践前置统合了法律实践教学所承载的知识传授、能力养成和伦理塑造等功能,通过将校外法律实践教学前置到招生后,将校内实践教学前置到和理论教学同步平行,在教育理念上实现了将教育环节前伸到进入专业教育之前,形成了从实践中来到实践中去的法治人才培养闭环,因而可能成为法治人才培养模式的中国贡献。

After years of development, China’s legal practical teaching has achieved certain achievements, but the fracture between knowledge teaching and practical teaching, separation between theoretical teaching and ability training still exist in Chinese legal practical teaching, which have inspired Reflection.Because of the lack of systematic summary and refinement of the connotation, type, nature and mission of legal practical teaching, these reflections can’t form a good guide for the development trend of Chinese legal practical teaching, therefore failing to form Chinese style and Chinese contribution of legal practical teaching. "Practice precedes" integrates the functions of knowledge transferring, ability development and ethical shaping carried out by legal practice teaching. By placing the extracurricular legal practical teaching before enrollment, meanwhile the practical teaching in the school is put forward parallel to the theoretical teaching, the education link is extended before the professional education, the closed-loop training of rule of law personnel from practice to practice has been formed, which may become China’s contribution to the training model of the rule of law.