司法学徒制对法学教育的补充作用新探

An Empirical Study on the Supplementary Effect of Judicial Apprenticeship on Legal Education

司法学徒制是我国长期司法实践中形成的有益经验,在员额制改革背景下,法官与法官助理、书记员职业分化明确,有“去学徒化”倾向。受制于高等教育重理论、重知识传授的局限性,当前法官助理、书记员知识结构与法官后备人才需求逐渐脱节,我国法官精英化教育不能弥补法学技艺、经验教育不足的缺陷。改革现行司法教育培训体系,探索将司法学徒式教育作为现有法官后备人才培养的重要通道,由司法教育培训隐形的权责关系走向显性的权责关系,法官与助理由上下级的行政服从关系调整至师徒间的专业指导关系,并提出了构建我国司法学徒制教育作为法学教育重要补充的基本思路和具体要素。

Judicial apprenticeship is a useful experience formed in China's long-term judicial practice.In the context of the judicial reform and the transformation of the enrollment admission,the career differentiation of judges,judge assistants and clerks are clear,and there is a tendency to u deapprenticeship in this line of work.Subject to the limitations of higher education focusing on theories and the transfer of knowledge,the current knowledge structure of judge assistants and clerks is gradually disconnected from the needs of judges’reserve talents.The elite education of judges inChina cannot make up for the shortcomings of inadequate skills and experience in legal education.The author of this paper suggest that the following measure should be taken,including reforming the current judicial education and training system,exploring the way that takes judicial apprenticeship as an important for the training of existing judges*reserve talents.In the meantime,the implicit relations of the rights and responsibilities in judicial training should be transformed to explicit relations and the current superior-subordinate administrative judge-assistant relationship should be altered to teacher-apprentice professional instructive relationship.On the basis of these points,the fundamental thoughts and specific elements of establishing judicial apprenticeship as an important supplementary of domestic legal education are discussed.