On November 20 to 24, 2017, the 15th CIETAC CUP International Commercial Arbitration Moot Court Competition, hosted by the China International Economic and Trade Arbitration Commission （CIETAC）, was held in Beijing....On November 20 to 24, 2017, the 15th CIETAC CUP International Commercial Arbitration Moot Court Competition, hosted by the China International Economic and Trade Arbitration Commission （CIETAC）, was held in Beijing. Wang Chengjie,展开更多
Studies on the sources of change in the Chinese legal system are usually based on the statist epistemology, i.e. the will of the state directs and even determines all aspects of change in the legal system. Although th...Studies on the sources of change in the Chinese legal system are usually based on the statist epistemology, i.e. the will of the state directs and even determines all aspects of change in the legal system. Although this epistemology can partially explain the re-creation of the Chinese legal system during the earlier period of reform and opening up, it fails to provide a comprehensive picture of the present complex situation. Taking as an example the changes in the Chinese legal profession during reform and opening up, this study employs quantitative data and empirical methods to explore the multiple dynamic impacts of the state, the market and society on the Chinese legal system. The study also proposes a theoretical framework of ＂structural constraints＂ on legal change. Since reform and opening up, the Chinese legal system has undergone a transition from state dominance to multi-agent interactions between the state, the market, society, and the legal system itself.展开更多
Because of the massive expansion in enrollment, the number of graduates from law schools across the country is unprecedented, but the rate of unemployment is also unprecedented in comparison with the graduation. In st...Because of the massive expansion in enrollment, the number of graduates from law schools across the country is unprecedented, but the rate of unemployment is also unprecedented in comparison with the graduation. In stark contrast, many employees are finding it difficult to find graduates of talent fitting directly to working requirements. The traditional mode of education is to cultivate students with legal research abilities, but the main social need calls for graduates who are prepared to practice, which has caused the low employment. As a result, the graduates＇ failure to meet the social demand caused serious imbalance between supply and demand. The characteristic of legal practice skills is to solve practical problems through the practice of adapting legal knowledge, but practical skill training in law school education now is basically nonexistent. The training of legal practice skills must be conducted through aspects of course design, and therefore teaching methods necessitate comprehensive reformation. The practice skills of the legal profession, such as basic literacy, basic skills, and work skills, are indispensable to the education of students. Educating them to attain these skills will aid them directly in practical work after graduation, improve their work quality and employment rate, and consequently improve the whole overall quality of the legal profession.展开更多
文摘On November 20 to 24, 2017, the 15th CIETAC CUP International Commercial Arbitration Moot Court Competition, hosted by the China International Economic and Trade Arbitration Commission （CIETAC）, was held in Beijing. Wang Chengjie,
基金financial support from the Shanghai Oriental Scholar research project (2011)
文摘Studies on the sources of change in the Chinese legal system are usually based on the statist epistemology, i.e. the will of the state directs and even determines all aspects of change in the legal system. Although this epistemology can partially explain the re-creation of the Chinese legal system during the earlier period of reform and opening up, it fails to provide a comprehensive picture of the present complex situation. Taking as an example the changes in the Chinese legal profession during reform and opening up, this study employs quantitative data and empirical methods to explore the multiple dynamic impacts of the state, the market and society on the Chinese legal system. The study also proposes a theoretical framework of ＂structural constraints＂ on legal change. Since reform and opening up, the Chinese legal system has undergone a transition from state dominance to multi-agent interactions between the state, the market, society, and the legal system itself.
文摘Because of the massive expansion in enrollment, the number of graduates from law schools across the country is unprecedented, but the rate of unemployment is also unprecedented in comparison with the graduation. In stark contrast, many employees are finding it difficult to find graduates of talent fitting directly to working requirements. The traditional mode of education is to cultivate students with legal research abilities, but the main social need calls for graduates who are prepared to practice, which has caused the low employment. As a result, the graduates＇ failure to meet the social demand caused serious imbalance between supply and demand. The characteristic of legal practice skills is to solve practical problems through the practice of adapting legal knowledge, but practical skill training in law school education now is basically nonexistent. The training of legal practice skills must be conducted through aspects of course design, and therefore teaching methods necessitate comprehensive reformation. The practice skills of the legal profession, such as basic literacy, basic skills, and work skills, are indispensable to the education of students. Educating them to attain these skills will aid them directly in practical work after graduation, improve their work quality and employment rate, and consequently improve the whole overall quality of the legal profession.
