形式、内容与理念:从律学兴衰看传统法律教育之流变

Form,Content and Concept:Research on the Evolution of Chinese Traditional Legal Education from the Rise and Fall of Jurisprudence

作为古代官办专门性法律教育机构,律学的兴衰对传统法律教育形式、内容和理念影响深远。律学兴起前以民间私学为主,从唯习律令逐渐发展为经律兼习。律学兴起以后,法律教育不仅有了专门的机构和师资,而且还与科举选才挂上钩,极大地推动了当时的法制建设。元明清时期律学被废,法律教育重新回到私学为主的道路上,成为胥吏、幕友、状师等低级专业人员学习的谋生手段,发展日趋衰微。

As an official institution for legal education in ancient times,the rise and fall of Chinese jurisprudence has had a profound impact on the form,content and concept of traditional legal education.Before the rise of the study on jurisprudence,legal education was mainly carried out in private schools.It developed from studying jurisprudence only to focusing on the combination of Confucian classics and jurisprudence.After the rise of jurisprudence,official legal education was established based on not only special institutions and teachers,but also a link of the selection of talents for the imperial examination,which greatly promoted the construction of the legal system at that time.In the Yuan,Ming and Qing dynasties,however,the government abolished these specialized agencies,whose rights returned to private schools where those lower-level officials,including petty officials,legal advisers and lawyers,studied legal expertise to make a living.Since then,Chinese traditional legal education has declined.