中國法律教育改革方向 診所式 法律教育（Chinese law education reform direction clinic law education）

1、中國法律教育改革方向 診所式 法律教育（Chinese law education reform direction clinic law education）China law education reform direction - clinic law educationArticle: /Abstract: with the development of economy and society, traditional law education training mode has not adapted to the needs of the legal talents in the

2、 current society, and it is urgent to explore the new mode of teaching reform. Clinic type legal education with its practical and vocational education as the main character, able to adapt to the actual needs of todays colleges and universities to cultivate the practical legal talented person, this m

3、odel should be introduced into the legal education in colleges and universities, and to redefine Chinas law education purpose, and improve the mechanism of law students practical skills training, perfect law student skills assessment mechanism, establishing scientific evaluation mechanism of teacher

4、s, improve the system of legal education practice ability training management in five aspects, such as in-depth study and construction of Chinese characteristic the clinic legal education model.Key words: clinic style law education professional education China law education reformFirst, Chinese law

5、education is born deficientChinas law education since 1978, has made great prosperity and development, especially in recent years, various universities professional comprehensive development, multi-level, law education and law department of law education become a hot subject in China today. However

6、this 30 years, Chinas law education didnt experience any significant reforms, still under the influence of the former Soviet union law education mode, curriculum is still quite obsolete, has been gradually with nearly a decade since the near continental law education model, but the legal profession

7、standardization road go is relatively slow, the existing law department on the legal professional practice education congenitally deficient.2. Clinical law education overviewFor the lack of practice skills of education model of traditional law, education of the clinic provides a useful reference for

8、 the reform of education. Clinical legal education, or clinical program, was put forward by American law educator Jerome n.f. rank in the 1960s. It draw lessons from the medical college students engaged in clinical practice in clinic for a long time, to learn to adjust and treatment in practice mode

9、 of medical education, advocating the education idea of learning in action, emphasis on practice and experience of studying law skills. It is generally believed that the clinic legal education will arrange the students directly faces the society engaged in legal services of clinic, by allowing stude

10、nts to undertake real case, in the face of the other party to the real customers and real, students and teachers in the specific guidance in the process of handling the case, to make the students to master the techniques and skills to deal with legal cases, understand what is the legal responsibilit

11、y and professional spirit, so as to lay the foundation for training high level legal talents of a kind of teaching mode. Clinic law education is often referred to as learning through practice. After more than 40 years of exploration and development, the American legal clinic education has become a m

12、ature and successful legal practice teaching mode. Most law schools in the United States have a law clinic, education. In law school in Europe, Africa, Asia, South America, etc.Legal clinics have begun to take root.Third, clinic law education is a useful reference to Chinese law education1. Correctl

13、y positioning the purpose of Chinese law BBB 0Chinese legal science education should be the correct orientation, the education objective abandon past vague and unrealistic elite education, science education and quality-oriented education positioning, professional education to cultivate applied talen

14、ts. As education of higher law profession, its goal is to face the society, to develop the necessary theoretical knowledge and strong practical ability of the legal profession application specialized personnel. In view of the improvement of the entry threshold of the judicial system, the employment

15、orientation of law students has been adjusted from the former public, inspection, law, and company judicial staff to the social free legal profession. The orientation of this profession also requires that we adopt practical teaching methods to cultivate talents that meet the needs of the market.Clin

16、ic type the teaching aim of legal education emphasizes students the formation of legal professional skills and the cultivation of professional ethics, is the cultivation of practice ability for the teaching center of gravity, the teaching content includes not only the related legal practical skills

17、training, but also include social intercourse ability of exercise. This kind of teaching mode puts students in real cases where students play the role of quasi-lawyer to solve problems and hone their skills in real cases. Legal clinic education case material authenticity, students through the real c

18、ases, may take part in the whole process of the case and the processing of detail, so as to achieve interactive teaching methods, training methods and techniques to solve the problem, can cultivate the students judgment, professional sense of responsibility.2. Improve the practical skills training m

19、echanism of law studentsClinic teaching and its derivative practical teaching activities are an important part of modern law education, and the standardized organizational management of teaching is an important prerequisite for its function. The clinic teaching established a relatively complete and

20、scientific management system, such as the clinic teaching management regulations, the speaker teachers and laboratory management personnel to counseling, evaluation, scoring system, and the clinic teaching information management system, the system of the clinic teaching records, and so on, in order

21、to realize the standardization of the clinical teaching work. Therefore, the full application of clinic teaching in university law education will be helpful to improve the training mechanism of Chinese law students.We will improve the assessment mechanism for students skills in law schoolsIn additio

22、n to teaching methods, traditional law education also has difficulty connecting with clinic law education. Traditional law education is to provide students with conclusive knowledge and standardization of the answer is given priority to, the inspection way also is give priority to with traditional k

23、nowledge examination, examination questions content is derived from the textbooks, the only answer. And clinic education classroom asks each participant independently to analyze problems, puts forward the solution to solve the problem independently, and then to the answer to this is the type of ques

24、tions and standardized assessment of students is in the imagination of the students, the aim of the legal education and clinic. So there has to be innovation in the design of the assessment method and the answer standard,If you can carry out oral test, focus on the test of students analytical abilit

25、y, no longer emphasize the conclusion, and focus on the evaluation of students analysis process. 4. Establish a scientific teacher evaluation mechanismThe clinic characteristics of legal education practical standard when choosing a teacher makes school also is different from any previous time, it re

26、quires teachers not only on the basis of the theory of law has more comprehensive and in-depth research, to have solid clinic education professional knowledge and the long-term legal practice experience, must have a high work enthusiasm and sense of responsibility, legal profession also needs to hav

27、e knowledge in the field of law outside, such as tax, accounting, securities, administrative management is closely related to legal practice knowledge, so in view of the current education talent lack such high-level law in China, colleges and universities can invite senior lawyer or professional exp

28、erienced the judicial personnel to engage in clinical legal education.In the teaching mode of traditional law, the most important criterion to check the teaching situation of teachers is the students passing rate and attendance. The clinic course obviously cant continue to use traditional law teache

29、rs evaluation criteria, so establishing and perfecting the clinic teacher evaluation mechanism to sustain clinic project construction and guarantee its operation quality is particularly important. Scientific computing clinic teachers teaching work, establish a special promotion standard, practical t

30、eaching time, to ensure the legal education, teachers in clinic is an important way to ensure legal education clinic persistence.Improve the management system of the practice ability training of educationIn todays social background, as an important way to exercise students practical skills in the in

31、ternship units is simply to provide a platform for students to practice, no approval is not to cultivate the students legal professional quality, shrugged off arrangements to practice law student, makes the practice eventually become a mere formality, simply dont function.Therefore, to establish a r

32、elatively complete legal clinic management system, formulate the articles of association of the legal clinic, case work process, the tutor responsibility system, legal clinics and regular communication system in colleges and universities, etc., on the basis of the standard law student internships. O

33、nly with perfect system as the solid foundation to improve the quality and efficiency of legal practice, can effectively train students professional skills, and remove the trouble back at home of party internship units.It should be seen that the clinic style law education model has its own advantage

34、s and characteristics, which can be adapted to the practical needs of practical legal talents in todays law schools. We should introduce this practical teaching mode to Chinese law education. Although this education model will certainly run into difficulties in implementation, it is not an excuse no

35、t to reform. With the continuous improvement of this teaching model, the Chinese law education will be better developed through reform.reference1 lis interactive teaching method - clinic law education m. Beijing: law press, 2004.Ma Haifa Mellon medical clinic, education m. peng xihua. Beijing: law press, 2002.Yang xinxin law education and clinic teaching met