On The Relationship Between Judicial Examination And Legal Education And Their Reformation

The establishment of the uniform judicial examinations has improved the quality of legal professional employees, put forward the legal community and promote d the reform of the judicial system and the construction of the rule of law. While filled with exultation in these, we should face up to the defects of the judicial examination system, especially to the relationship between the system and legal education. The article mainly consists of four chapters.In chapter 1,the author introduces the establishment and significance of the judicial examination system. The previous lack of access to uniform legal profession has led to the low quality of legal professional employees, esp. the judges and prosecutors, and has made it hard for them to have common language and to form legal professional community. The establishment of the judicial examination system has, to some extent, reduced the contradictions.In chapter 2, the author introduces the relationship between judicial examination and legal education, as well as the former's defects.The legal education's divorce from the judicial examination has chiefly resulted from the unclear orientation of undergraduate education of law. Only with a clear orientation of undergraduate education of law and a changed legal exam mode, can the judicial exam really make a bridge between the legal education and legal profession.In chapter 3,the author introduces the test modes of legal professional qualification exam in the major contemporary countries.By comparing and learning from the exam system of legal professional qualification in the countries of the two systems of statute law and case law, we can get many useful materials for the reform of our judicial exam system.In chapter 4, the author introduces the reform direction of our judicial exam and legal education. The following measures are to be taken:To change our judicial exam system.with reference to Germany Mode;To conduct vocational legal training,in the interval of two judicial exams;To raise the requirements of enrollments and educational background, as well as the uniform national passing mark;To retain the independence of legal education and its preeminence, meanwhile to strengthen quality-oriented education,and to change better the teaching contents and methods of legal education.