The Legal Professionalization And The United Judicial Exam

Realization of rule by is based on professional organization and talent-legal professionalization. From the angle of the united judicial exam, this paper is designed to research the connotations of the leagl profssionalization,charateristics of the leagl professionalization in developed countries, realistic contradictions and problems as well as the building of the leagl professionalization in our country.The legal professionalization has sole connotation, including individual connotations such as intellectualization, technical and morals, as well as group connotations such as specialization, homogeneity and ethics, and rules guarantee, etc. In the past, legal professionalization was paid less attention in our country, and the building of the united judicial exam system can change this situation to a certain extent. This system is a fundamental system in the legal professionalization and is doomed to have impact on the concerned systems. Only these systems produce reciprocal virtuous effects, can the legal professionalization be realized truly.As the emergence of social division of labour, the legal professionalization began in the west countries, and one perfected in the modern era. The legal professionalization in main countries of two genealogies of law are featured as following: Rigidity to obtain qualification based on judicial exam; Practical or functional education and training; Tighteness and systematicness of systems for guaranteeing legal practioner taking up his occupation by law independently and fairly. We should use the chracteristics and experiences for reference when we build our legal professionalization.Influenced by history and tradition, there are many unharmonizations with legal professionalization in our currentsystems such as conflicts between qualification to obtained and reality, the divorce between education, training and the judicial exam, the crisis of profession guaranteeing system. As the expanding of the situation and the change of the circumstance,these contradictions and problems will be increasingly protruding, and maybe do harm to the building of constitutionality.According to the connotation requirements of legal professionalization, referring to the advanced experience of developed countries, this paper tries to build our legal professionalization from the concept, the principle and the concrete scheme. This structure is based on Chinese of reality, and tries to suit for requirement of legal professionnalization in our country.