论澳大利亚法律职业伦理教育的发展及启示

On the Development of Australian Legal Professional Ethics Education and Its Enlightenment

近年来,法律职业伦理逐渐成为各国高校法学院的必修课程,澳大利亚亦不例外。澳大利亚的法律职业伦理主要规范律师的法律伦理和职业行为,鉴于违反法律职业伦理现象频现,澳大利亚逐渐重视高校法律伦理教育。澳大利亚的高校法律职业伦理教育经历了教育缺失、初步认知、深化认知的发展阶段。自21世纪以来,澳大利亚将之列为必修课程,其课程设计和授课模式独具特色,注重实践性、创新性方式的适用,不断探索教育观念的更新和授课方式的多样化。我国将法学教育定位为素质教育和专业教育基础上的职业教育,积极推进法学教育改革,将法律职业伦理列为必修课程,但该课程目前效果不理想。明确授课内容和授课时间安排,促进授课模式与考核方式多样化,加强在线课程与混合课程建设以及保障法官、检察官在高校的兼职工作,可成为我国法律职业伦理教育的改革发展趋向。

Recently,legal professional ethics has gradually become a compulsory course for colleges and universities in various countries,and Australia is no exception.Australian legal professional ethics mainly includes lawyer ethics and professional norms,but there are also violations of professional ethics,which has led to the emphasis on legal ethics education in colleges and universities.The legal professional ethics education in Australian colleges and universities has experienced different stages of lack of education,initial cognition,and deepening cognition.Since the 21st century,it has been continuously improved as a compulsory course,and its curriculum design and teaching mode are unique,and it is also exploring the renewal of educational concepts and the diversity of teaching methods.China has positioned legal education as professional education based on vocational education as well as quality education,actively promoted the reform of legal education,and listed legal professional ethics as a compulsory course,but the effect of this course is not satisfactory.Clarifying teaching content and schedule,promoting the diversification of teaching modes and assessment methods,strengthening the construction of online courses and mixed courses,and ensuring the development of part-time work of judges and procurators in colleges and universities can become the direction of reform of legal professional ethics education in China.