当代中国法律家培养的困境与出路

Difficulties and Ways of Training of Modern Chinese Jurists

法律家是实现法治理想的中坚力量,是构建法治秩序的核心要素。目前,我国在法律家的培养方面面临如下困境:法律技能训练的缺乏与法律家高技能内在品质之间的矛盾,职业伦理教育的缺乏与法律家法律伦理内在品质之间的矛盾,共同体意识教育的缺乏与对法律家共同体需求的矛盾。走出上述困境,应当寻找法学教育与司法实践的衔接点,即法学教育的主要层次与法律家的资格条件相衔接、法律理论知识教育与统一司法考试和一体化司法技能训练相衔接、学历教育与非学历教育相衔接。

Jurists are the mainstays to realize the idea of ruling by law, and they are also the kernel part to construct the legal system. Now we are facing many difficulties in training jurists, such as the contradiction between lack of legal technique and the high quality inside the jurists, the contradiction between lack of professional ethics and the legal ethics inside the jurists and the contradiction between lack of training in common integration and the demand of this common integration. To solve these difficulties, we should search for the juncture between legal education and legal practice. That is to say, we should connect the main part of legal education with the qualifications of jurists. We should connect the education of legal theory and knowledge with the Common Legal Test and the common training in legal technique. We should connect the scholar education with the non-scholar education.