On Legal Education In Legal Thinking To Cultivate

Law education is one key component of higher education . It is the education activities that distribute legal knowledge, formulate legal thinking and train qualified persons understanding the Iaw. During the course of law education, it is the core tenet to make the students formulate legal thinking. How is it to develop such several aspects of legal thinking as law belief, legal concepts, fact recognizance of specified case analysis, legal norm discovery, legal explanation, legal inference and legal argumentation? Existing law education may not completely realize this tenet in the aspects of not only educational ideologies and modes, but educational content and approaches. Just due to the causes above, such several aspects as teaching concepts, framework setting, faculty troop, curricula program and teaching approach involved in how to formulate legal thinking are discussed and analyzed in the studies in order to really reach the target of law education .How to formulate legal thinking during the course of law education is discussed and addressed in this thesis. It consists of five parts as follows:The first part is about the definition of legal thinking . Based on the analysis of the concepts about thinking and legal thinking and related characteristics, legal thinking is considered by the author as particular thought, which includes not only the thinking by legal logics, but professional responsibility and loyal law belief of legal human .The second part is about the content of legal thinking . It concretely includes several levels as follows: law belief, legal concepts, fact recognizance of specified case analysis, legal norm discovery, legal explanation, legal inference, legal argumentation, and soon.The third part is about the function of legal thinking in running system by law management It concretely includes that: legal thinking is precondition of managing state affairs depending on the law and requirement of legal system unit; legal thinking is the key of executing the law; legal thinking isnecessary condition of legal human in the society of law management; legal professional community is the footstone of legal societies, whereas legal thinking is precondition of the existence of legal professional community.The forth part is about macro-analysis of the formulation of legal thinking in present law education . On one side, legal education is one important approach of formulating legal thinking; On the other side, due to the insufficiency of teaching and traditional ideology, teaching content and teaching approaches, present law education can not really reach the tenet of legal thinking.The fifth part is about reforming present law education and making it be nurture source of formulating legal thinking . It demonstrates as the several aspects as follows: enhancing the practice proportion of law education, strengthening faculties troop, improving curricula programs, and enriching teaching approaches et al.