On The Relationship Between The Judicial Examination And Legal Education And Legal Career

In 2001, twenty-second session of the Ninth National People's Congress adopted the "Law on Judges" and the "Prosecutor Act," marked national unified judicial examination system set up to now after 8 years. The establishment of judicial examination system, is a major move and one of the important achievements and landmark of China's judicial reform. With the highlight achievements, the national unified judicial examination system also has displayed a lot of problems, caused legal theory and judicial practice to think and debate, which foremost problem is how to handle two relationships: First, the relationship between legal education and Second, the relationship with the legal profession? The requirements of the legal profession is the goal of judicial examination, and law education is the foundation of law. So we must first find out what the status of this issue, which problems are existed, and what can be done to adapt to form a positive interaction. Only by addressing this issue, we may form some scientific and objective knowledge of the core issues of the judicial examination system, And then we may put forward the views of targeted of reforming the judicial examination system, to make the relationship of the judicial examination system, legal education system and the legal profession more harmonious.This article is divided into four parts to discuss the relationship between judicial examination, law education and legal occupations.The first section describes the judicial examination mode, legal education model and the relationship among the Judicial Examination, the legal profession and Legal Education of the major countries of the contemporary world. It provides the necessary reference of China's absorption of foreign judicial system and the positive experiences related to the judicial examination mode and education mode.The second part highlight reviews the history of our judicial examination system and its evolution and during the evolution, which produced the corresponding relationship among the judicial examination system, legal education and legal profession. This section is divided into two stages: the previous stage introduces the judges examination system in the Republic of China, which was progressive in its legal education and legal profession, with the interaction between the catalytic role, to some extent contributed to the elite of the then judges; the latter part analysis after establishing New China, the variety of reasons that judicial examination replaced the judicial examination of judges, prosecutors elected system and the Bar Examination.The third part is the emphasis of this article, which focused in China's current judicial examination model and its relationship between legal education and legal occupations. This section first describes the models of China's current judicial examination and object design, and an overview of legal education in China. Secondly, this article analysis the problems of China's current model of legal education and legal profession with current model. The major problem of judicial examination and law education is the unclear goal of legal education; judicial examination comes into the baton of Legal Education; Midwest China exam's low pass rate mainly due to the legal education system; the problems of judicial examination and legal profession was the people who has passed the judicial examination can not immediately engaged in the legal profession due to the lack of practical ability ;after passing judicial exam, a person who wants to be a judge or prosecutor must also passes civil service examinations; the entry channel to be judges or prosecutors is impeded and other issues, etc.The fourth part put forward countermeasures aiming at existing problems of our country's judicial examination: adopting a phased test mode; adjustment application conditions, taking control of the ratio. The improvements of current legal education are: to establish the correct legal education and training objectives; to improve the level of legal education; to enhance the system interface with the legal profession to increase the relevant training.