The Conflicts And Coordination Of Our Nation Between Law Education And Judicial Examination

The judicial examination was unified in2002. Since the execution of theNational Judicial Examination, it has produced a series of enormous effects on thesocial development and current law education in our country. Meanwhile, theNational Judicial Examination has also become an important section of Rule of Law,which resulted in a hot debate between the legal profession and legal practice on theissue “the relationship between judicial examination and law education”. With theconflicts and influence between law education and judicial examination as thefoothold, this thesis analyzed the relationship between law education in our countryand judicial examination. On the basis by pointing out the conflicts between laweducation and judicial examination, it investigated the reasons of their conflicts andtheir relationship in further. In addition, it proposed an ideal relationship betweenjudicial examination and law education. This thesis also put forward some relevantsuggestions in the aspects of the system of law education and of judicial examination.This thesis consists of four chapters.The first chapter is a brief introduction of law education and judicialExamination. It mainly introduces the concrete concepts and natures of judicialexamination and law education. There is not jet a complete agreement on the conceptsand natures of law education, but the most reasonable summary of law educationclassified it into two types, namely regular higher law education and legal professioneducation. Nowadays, the judicial examination has become a necessary threshold forthose who want to take up legal profession.The second chapter is about the conflicts between law education and judicialexamination. This chapter clarifies the contradictions between law education incolleges and universities and judicial examination that the targets of these two areasymmetric, the models are disjointed and the connections are few. It also introducesthe defects in the structures of these two, and analyzed the reasons of these problems. The third chapter described the dialectical relationship between law educationand judicial examination. The judicial examination is a two-edged sword. Based onthe analysis of the positive and negative effects of judicial examination on laweducation in colleges and universities in our country, this chapter superficiallydiscussed the ideal relationship between judicial examination and law education.The last chapter presents the coordination between law education and judicialexamination. It puts forward a reform plan which aims at solving the conflictsbetween them. The law education in our country has been divorced from legalprofession for a long time, but the establishment of the unified judicial examinationsystem provides a good chance for the reform of law education. In order to get apositive interaction between law education in colleges and universities and judicialexamination, the law education should be reformed in the meantime that the judicialexamination should also be improved and perfected.