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Research On The Introduction Of Methodology Of Law Doctrine Into Law Education In China

Posted on:2020-04-11Degree:MasterType:Thesis
Country:ChinaCandidate:X R WangFull Text:PDF
GTID:2416330599961780Subject:Law
Abstract/Summary:PDF Full Text Request
After the first and second trials of the "yu huan case",the dust has been settled,but due to the "yu huan case" caused by the theoretical and practical circles on the justifiable defense debate has been set off again and again.How to correctly understand and apply justifiable defense in legal practice,so that the justifiable defense system is no longer in a state of "sleep",is really worth our reflection.In the case of yuhuan,due to the overly general provisions of the law on justifiable defense,there are many difficulties in the judicial practice,making it difficult for the provisions of justifiable defense to reach the original legislative objectives.This problem not only reflects the contradiction between the abstractness of legal provisions and the specificity of specific legal practice,but also reflects the problem of legal certainty in the process of judicial application in China.These problems just reflect the urgent need for our country to introduce legal doctrine into legal education and judicial practice,so as to solve the problem of legal certainty in our judicial practice as soon as possible.On the basis of summarizing,summarizing and drawing on existing research results,this paper uses historical analysis method,concept analysis method,value analysis method and other research methods to introduce the method of introducing legal teaching method into legal education in China through five parts.The first part briefly summarizes the legal education since China's reform and opening up.The second part is a detailed analysis of the theoretical system of legal doctrine: firstly,it combs the connection between classical jurisprudence methodology and legal doctrine;next,it briefly describes the theoretical position of legal doctrine;finally,the focus is on law The two stages of doctrine are explained.In the third part,the law of jurisprudence has its unique value,which is embodied in the value of legal profession needs,the value of judicial trial needs and the value of legal education needs.The fourth part briefly describes the necessity of introducing the method of legal teaching in legal education.The fifth part is the way to introduce legal teaching in law education.A country's legal education,legislation and judicial practice should be mutually coordinated and benign interaction.The cases in judicial practice vary widely.Therefore,the legal knowledge and teaching methods in the process of legal education need to be updated and replaced in real time,so that legal education can adapt to the legislative and judicial practice activities of a country.Therefore,China's legal education requires such a method that can effectively combine the differences between the provisions of the statute,the basic principles of law,and the specific circumstances in which the provisions of the law apply,and then determine the most appropriate basis for the judgment of specific cases.The teaching of jurisprudence is precisely such a method.Therefore,we should introduce it into the legal education at the present stage in our country,gradually enhance the ability of legal persons to access the information of laws and regulations and the ability to analyze the facts of the case,and use it as the theory of specialization and professionalization of legal education reform in China.Relying on,promote the transformation of the rule of law talent training model.
Keywords/Search Tags:law education, Rechtsdogmatik, Judicial practice, Systematic thinking, Legal certainty
PDF Full Text Request
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