Research On China's Legal Education And Legal Profession

The disjointing and separation between legal education andlegal profession has been the protruding contradiction in China's legal education history. But it's only a waste of educational resources if we educate professional legal persons in-service without qualification election. It multiplies the difficulties in specializing legal profession. But legal education and legal profession are irrevocably committed to each other in Western countries, and legal education is the only way to legal profession. Legal profession community only opens to those who have the same legal education background. This thesis focuses on the relationship between China's legal education reality and its history, comparison China and developed western countries, analysis about the present situation of the separation between China's legal education and legal profession, probing into the possibilities of establishing the two patterns of legal education i.e. education of science of law and legal education itself. My conception goes as follows. Firstly, establishing the integration pattern of educating China's professional legal persons. Only in an integrative pattern of common educating can excellent groups of professional legal persons be created. But China doesn't have such the centralized system, while there exist separate branch examination systems for qualifications of judge, prosecutors and lawyers, which leads to the waste of both educational and judicial resources in China and the unreasonable difference of professional quality. And it is very difficult for the professional legal persons to approve each other. So, I suggest that the centralized examination system for national professional legal qualification and special pragmatic educational systems for legal profession be established in China so that professional legal persons are able to attain common conviction and united forces, which is beneficial to judicial independence and justice. I believe that the professional legal persons can harmonize and unify in legal terms, knowledge structure, model of thinking, legal ability and judicial ethics on condition that we can effectively finish the establishment and implement of the above systems. Secondly, conception of legal talents education system. Legal education, accompanied by the independence of legal profession, should form its own characteristic educational method and traditions because of the unique character of legal profession and the integration of rule by law. I suggest that in China we should pay special attention to the education of qualified, high-level and compound legal talents among all the modes of legal talents education. Then make it become the main channel for both the principal mode of legal education and education legal talents so that administrative and compound legal talents can be directly educated for jurisdiction, administration and economic sections.In the very last part of this thesis, questions existing in legal education and legal profession are put up. I'd like to mobilize more excellent scholars of academic circles to pay much more attention to the research of legal education itself and engage in introspection, countering the present situation that legal education study has always been the fringe of researching for a long time.