20 17 model essay on undergraduate law 1
The Dilemma and Reform of Law Education
First, the development status of law education in China
China has a long history of legal education. According to historical records, the earliest legal education in China originated in the Spring and Autumn Period. Modern legal education began in the late Qing Dynasty. 1904, the Qing government established the first specialized legal education institution in China? Zhili law and politics school. Starting with 1952? Judicial reform? The movement to abolish or merge the law departments originally established by universities is called this process? Teacher adjustment? . From where? Teacher adjustment? And after that? Political and legal education? The task of university law department is not to educate law in the traditional sense, but to train people engaged in political and legal theory work.
The abolition of legal education institutions and the absorption of a large number of people without legal education into the judicial system have resulted in the institutionalization of the separation of legal education and legal profession. On the one hand, this institutionalization leads to the fact that legal education is mainly limited to the self-improvement and self-development of the internal legal discipline system in colleges and universities; On the other hand, the legal profession has failed to embark on the track of professional development, and there is a tendency of pan-politicization, administration and popularization, which still deeply affects the reform and development of legal education in China.
After the reform and opening up, law education began to recover. The 15th National Congress? Are you sure about the implementation? Governing the country according to law? Building a socialist country ruled by law? The strategy of governing the country has greatly promoted the development of legal education. In just 30 years, legal education has made great progress. 1977 When China resumed enrollment, there were only three law schools in China, with more than 100 undergraduate students. In 2008, there were 65 1 schools in China, with 760,000 law students, including 80,000 master students and 0/00 doctoral students, forming a general higher education. However, we should see the deep-seated problems hidden behind the prosperity and development of law education in China.
Second, the dilemma of law education in China
(A) from a social point of view of legal education
The development of legal education in China reflects the social situation in a certain historical period, and the separation of legal profession and legal education is the product of the legal revolution in 1950s. Today, it has become an unshakable system. In this context, the legal education in China has the following problems:
1. The diversification and stratification of legal personnel training have caused the confusion of national education management and the huge waste of educational resources.
At that time, a large number of farmers, workers and demobilized soldiers entered the judicial organs after simple training, and their large-scale on-the-job education gave birth to the diversification and stratification of the training mode of legal education talents, which has continued to this day. At present, China's legal education includes secondary school, junior college, undergraduate, double degree and postgraduate education. From the perspective of educational channels, there are formal legal education in ordinary colleges and universities, as well as informal legal education such as legal correspondence, TV university and night university; Judging from the enrollment categories of law education, China's law undergraduate education includes public students, self-funded students and entrusted students, and law graduate education is also divided into planned enrollment and unplanned enrollment. These lead to different training objectives and talent standards of law education, and at the same time impact the formal law education and affect the quality of education.
2. Blindly expanding the enrollment scale leads to the decline of teaching quality and increases the employment pressure of law graduates.
Driven by economic interests, all kinds of educational institutions blindly enroll students without teachers, books and other educational facilities, which makes it difficult to guarantee the quality of law talents training. Nowadays, law graduates generally have problems such as weak legal foundation, poor practical ability and low legal thinking ability. Such graduates can't cope with the increasingly complex and new social relations in social development and can't meet the needs of the development of the times.
3. The judicial examination system has brought opportunities and challenges to China's law education, which will affect the development of China's education if it is not handled well.
In China, not only the legal education is separated from the legal professional qualification, but also the legal professions are independent of each other. In China, the bar qualification examination is the earliest entry requirement for lawyers. Since the end of 1980s, the courts and procuratorates have also begun to take corresponding qualification examinations for newly appointed judges and prosecutors in the system. However, it is less difficult than the lawyer qualification examination, and a large number of demobilized cadres or demobilized soldiers can directly become judges or prosecutors at the corresponding level without taking such examinations. In view of this, since 2002, the state has implemented a unified judicial examination system as a condition for obtaining legal practice qualifications, which has laid a solid foundation for the elitism and homogenization of China's legal profession. However, the current judicial examination system is not perfect, mainly because the law major is not the only professional qualification for registration. This is not only different from the practice of legal profession access in western developed countries ruled by law, but also inconsistent with the common practice of other industries (such as medicine), which makes the elitism and homogenization of legal profession in China face challenges and uncertainties.
(B) from the legal education system itself to see the lack of legal education in China.
The fundamental task of law education is to train talents, which involves two basic issues: the training goal of law education and how to train, that is, what kind of talents to train and the training mode. Western countries with developed rule of law set the training goal of legal education as training? Elite? Legal talents have reached a certain level in comprehensive theoretical quality, practical professional skills and professional ethics. Judging from the development of law education in China, the original goal and mode of talent training can no longer meet the demand for legal talents in a society ruled by law, and there are many problems in law education.
1. In terms of teaching content, the curriculum in China is unreasonable. The courses offered are mainly based on the division of departmental law disciplines or the main laws promulgated by the state, focusing on teaching principles and provisions, ignoring the explanation of the value orientation and social concepts behind the principles and provisions; There are few courses to cultivate and train students' practical operation ability; Ignoring students' legal professional ethics education.
2. In the way of education, we should pay more attention to theory than practice. Teachers teach too much theoretical knowledge in class, and use too few teaching methods such as classroom discussion, case analysis teaching and heuristic education. This teaching method is difficult to arouse students' learning enthusiasm, which is not conducive to the training and cultivation of students' legal thinking. At the same time, many schools are seriously short of teaching resources, without advanced technical equipment, and hardware facilities such as multimedia, mock trials and practice places are not in place, which seriously affects the teaching effect.
3. On the level of teachers, our country has a single source of teachers. Most of the teachers are highly educated law school graduates and have no practical experience in legal profession. Such a teacher's teaching can only be theoretical speculation, and it can't cultivate students' legal professional skills. At the same time, the school attaches importance to scientific research and ignores teaching. Many teachers attach importance to academic research and neglect teaching in order to evaluate professional titles, which is not conducive to the cultivation of high-quality legal talents.
Third, the reform of law education in China.
Faced with so many problems, what direction should China's legal education reform develop, what kind of legal talents China needs, how to solve the problem of separation of legal education and legal profession in China, and how to cultivate legal talents suitable for social needs are before us.
(a) update the concept of education, clear legal education training mode.
The training goal of legal education talents must be based on social needs and adapt to the needs of social development. At present, China's market economy is highly developed, society is progressing in an all-round way, and democracy and the rule of law have entered a new development period; International economic, political and cultural exchanges are increasingly frequent, and various complex new social relations are constantly emerging. The society puts forward higher requirements for legal talents' legal cognition, legal professional thinking mode and comprehensive ability to handle legal affairs. The training mode of general education has not adapted to the social demand for talents, so we must update our educational concept and aim at training applied and compound legal talents. Improve students' comprehensive quality, so that students can master profound legal professional knowledge and extensive scientific and humanistic knowledge; Have strict legal logic thinking ability and excellent language expression ability; At the same time, it pays attention to students' professional ethics education, professional skills training and innovation ability training.
(two) standardize the level of running a school, optimize the educational structure, and improve the separation of legal education and legal profession.
1. Cancel specialized legal education and informal legal education.
At present, the training of legal talents in China is divided into three categories: junior college, undergraduate and postgraduate education. From the perspective of law education in various countries, the lowest level of law major is undergraduate, which is determined by the disciplinary nature of law major. The starting point of law education in China is too low, which easily leads to the low quality of legal talents. Therefore, we should cancel legal education and establish a hierarchical system of legal education with undergraduate and postgraduate education as the mainstay. The undergraduate stage focuses on cultivating practical talents engaged in judicial practice, and the postgraduate stage focuses on cultivating research-oriented talents.
2. Standardize law education in non-ordinary universities and optimize the structure of law education.
It should be clearly stipulated that ordinary colleges and universities are the only legal subjects of legal education, and it is forbidden to offer legal education in non-ordinary colleges and universities such as judges' colleges, prosecutors' colleges, administrative colleges, political and legal management cadre colleges, public security colleges, judicial schools, training centers, various radio and television universities, and night universities. The legal education in these schools should be positioned as legal vocational training education or legal continuing education.
3. Improve the judicial examination system and the separation of legal education and legal profession.
The implementation of judicial examination system is conducive to the establishment of legal professional community, the development of legal education in China and the improvement of academic level of legal education; Promote schools to improve teaching and improve teaching quality. To truly realize the identity between legal education and legal profession, we must improve the judicial examination system and make sure that the undergraduate course of law is the only qualification to enter the judicial examination.
(3) Reform the way of training talents and improve the teaching quality of law education.
1. Improve the content of law education and cultivate applied and compound talents.
In addition to the main and basic courses of law major, interdisciplinary subjects such as philosophy, economics, sociology and psychology should be set up to broaden students' horizons; In order to meet the requirements of China's integration with the world, efforts should be made to train legal professionals who are familiar with WTO rules, international treaties and relevant laws of its major member countries. The biggest problem of law education in China is that it is divorced from the legal profession and the practical ability of legal talents is poor. Therefore, it is necessary to increase legal skills courses, including judicial document writing, legal document drafting and writing skills, practical investigation skills, and judicial eloquence skills (such as inquiry skills and defense skills).
2. Change the teaching methods and pay attention to cultivating the judicial practice skills of law students.
First of all, we should dilute the teaching of theory and adopt practical teaching methods, such as case teaching method, clinic legal teaching method, mock trial teaching method, appearing in court, etc., so that students can learn and experience the work of legal professionals and learn to think and solve problems with legal thinking of legal professionals. Secondly, increase the basic investment in law education, introduce advanced scientific and technological equipment and technical means, make full use of multimedia technology and the Internet to carry out teaching, and realize the optimal allocation of teaching resources and the sharing of results; Establish the practice base of legal education, strengthen the contact with legal professional groups, and let students participate in legal practice.
3. Strengthen the construction of teaching staff and implement the training objectives of legal education.
Law teachers are the key to training law talents, and the quality of teachers directly affects the training of law talents. At present, the legal professional level of law teachers in Chinese universities is not high. Therefore, university law teachers, especially those who teach practical courses, should regularly participate in the work of relevant legal practice departments or participate in handling cases. At the same time, colleges and universities can also select teachers through multiple channels and hire outstanding talents from legal practice departments to serve as part-time visiting professors to make up for the lack of practical ability of college teachers. The construction of high-quality teachers also depends on improving teachers' treatment and encouraging teachers to explore teaching reform and practice, rather than just taking scientific research achievements as a decisive index to evaluate teachers' level.
Modern legal education in China has a history of only 100 years. Judging from the historical process, it is still in the initial exploration stage, and problems are inevitable. Although the reform of legal education is complicated and full of obstacles, the modernization of legal education is just around the corner as long as we have a scientific judgment on the future development of legal education and a concrete plan to steadily promote the reform.
20 17 model essay on undergraduate law 2
Paradigm integration of environmental law and civil law
The essence of the paradigm integration of environmental law and civil law is the paradigm dialogue between individualism and holism. There is a great conflict between environmental law and civil law in content, because civil law adopts individualism paradigm theory and environmental law adopts holism paradigm theory, which will naturally be different. Due to the prominent environmental problems, the law is facing a severe test, and it is particularly important to realize the dialogue between law and civil law. At the same time, the paradigm crisis of environmental law and civil law itself is also the deep-seated factor that constitutes the necessity of dialogue between them. Based on this, this paper first expounds the reasons for the emergence of environmental law and civil law, and then analyzes the possibility and necessity of dialogue between civil law and environmental law. On this basis, the purpose and function of the dialogue between civil law and environmental law are studied, and the content and present situation of the dialogue between civil law and environmental law are discussed again. Finally, it puts forward the countermeasures to realize the integration and reconstruction of environmental law and civil law paradigm, that is, the principle of public order and good customs? To integrate and reconstruct the two.
Keywords: environmental law; Civil law; Paradigm integration; Individualism paradigm; Holistic paradigm
At present, the interaction between environmental law and civil law has become a focus of legal research, and the reason why civil law pays attention to this issue lies in the present situation? Green? The voice of civil code is increasing day by day, and the reason why environmental law pays attention to this issue is because many basic problems about environmental law are related to this research, and controversial issues will also be attributed to this interactive research through legal analysis. Although the current research on this topic has risen to the theoretical level, it is still necessary to conduct in-depth research on it in order to fully explore its deep significance, so as to build a systematic framework for the dialogue between them and lay the foundation for the determination of the integration boundary between environmental law and civil law paradigm.
First, the motivation of the dialogue between environmental law and civil law.
(A) the increasingly prominent environmental problems
At present, with the increasingly prominent environmental problems, relevant academic circles have been trying to explore solutions, and Scientific Outlook on Development's proposal makes interdisciplinary research more active in the face of increasingly complex environmental problems. Therefore, based on the strong political and theoretical atmosphere of society, the dialogue between environmental law and civil law can be realized.
Civil law legislation.
With the progress of civil code legislation, in order to further clarify the impact of environmental problems on civil law, civil law scholars need to establish a dialogue with environmental law to meet the challenges brought by the legislative responsibility of civil code. In the legislation of civil law, the formulation of property law involves the legislation of natural resources, and the formulation of laws related to tort involves the relief of environmental tort. Therefore, civil law will inevitably seek ways to realize dialogue with environmental law.
(C) environmental law explorers add fuel to the fire
In view of the increasingly serious environmental problems, how to find an effective legal solution has become a major challenge for environmental law scholars, and the relevant contents in civil law meet the needs of environmental law scholars, so building a dialogue between them has become one of the ways to solve problems in environmental law. Environmental law is oriented to solve environmental problems, so it breaks through the traditional constraints and realizes interdisciplinary research, while civil law is a legal theory that integrates many departmental laws? Reserve? Become the object of communication among environmental law scholars.
Second, the possibility and necessity of dialogue between environmental law and civil law.
Possibility of dialogue between environmental law and civil law
1. Both belong to the legal department of China.
Environmental law and civil law coexist in our current legal system, which is an important part of our legal system. Based on the constitution of China's legal system, the essential attribute, purpose and significance of its legislation are universal. Therefore, environmental law and civil law have a common foundation. Therefore, the realization of the dialogue between civil law and environmental law is only based on the research in different fields of different disciplines.
2. The historical origin of the two.
The historical origin of the two is reflected in the initial solution to environmental problems: before the introduction of China's environmental law, legal problems related to the environment were solved through civil law. Therefore, fundamentally speaking, there is an internal relationship between environmental law and civil law. To some extent, environmental law is the inheritance and development of civil law. This connection makes it possible to realize the dialogue between environmental law and civil law. However, there are also conflicts between civil law and environmental law, and their differences and unique attributes make them constitute different legal disciplines, which has also been judged in the current division of legal research disciplines. Therefore, it is necessary to give a clear boundary when discussing the common theoretical problems of environmental law and civil law.
3. The essence of the conflict between them is choice.
In view of the conflict between civil law and environmental law, its root lies not in the judgment of correctness, but only in the choice between them. The essence of establishing dialogue between them is to pool their strength to better solve the difficulties and challenges brought by current social and environmental problems, so as to further solve environmental problems on the basis of perfecting themselves. So when solving problems, we are faced with civil law and environmental law. When solving the problem, we are faced with the problem of who to choose and what legal means to determine the method to solve the problem.
(B) the necessity of dialogue between environmental law and civil law
Generally speaking, the necessity of dialogue between them is to better cope with the current situation? Challenges and crises? Its challenge comes from the grim situation of current social and environmental problems, and its crisis comes from the crisis of civil law and environmental law. The challenge to them is the fundamental driving force to realize the dialogue between them, and the essence of the crisis about them is the crisis of theoretical research paradigm.
1. Theoretical paradigm concept
The so-called paradigm refers to the consensus and basic viewpoints reached by scholars engaged in scientific research in a specific field, and it is some common agreements of a discipline community in research standards and conceptual systems [1]. At present, the paradigm is widely used in domestic academic circles, and its connotation has gone far beyond the definition originally given by Kuhn. Specifically, the current paradigm refers to the common knowledge hypothesis, research mode, research method and value standard constructed by scholars when they are involved in an academic community, and also includes the knowledge system that people understand the world.
2. Paradigm crisis of environmental law
The birth of the concept of theoretical paradigm to measure China's legal theory can fully reflect that China's jurisprudence has not yet established its own theoretical research paradigm, which proves the existence of environmental law paradigm crisis. The reason why China's environmental law has not built its own theoretical research model so far can be found in the following examples: Professor Cai Shouqiu put forward? Adjustment theory? It caused an uproar in the field of environmental law, and also had a great impact on the whole legal field of China. This theory fully proves that China's environmental law has not formed a theoretical paradigm system. However, just because China's environmental law has not established its own theoretical paradigm, we can't unilaterally think that China's environmental law is a weak discipline. In fact, the paradigm crisis exists in various legal disciplines in China. 3. Paradigm crisis of civil law
China's civil law inherits the judicial system of the continental law system, which is based on personal subjective ideas. In the call of public law of private law in the 20th century, the crisis of this concept is highlighted. Therefore, the civil law has undergone a series of amendments, which are constantly challenged by various new legal departments in the process of perfection, and then it is in jeopardy. China's civil law inherits both the civil law system and the theoretical system of mainland civil law, which makes it in a passive position. Therefore, if the theoretical paradigm is used to keep our civil law unchanged, it is obvious that it has a long way to go to accomplish its mission in today's reform stage. However, just because China's current civil law system is not standardized, we should regard it as all tasks and missions and devote ourselves wholeheartedly. This is not the main task of our national law. Therefore, as the paradigm crisis of China's overall jurisprudence, can only show that China's jurisprudence is still too? Young? As long as it takes a certain amount of time, it will surely thrive.
4. Paradigm integration
Practice, as the foundation of the existence of theory, is the fundamental driving force for the existence and development of theory. Therefore, whether we admit or not the paradigm crisis, we must restore the theory to practice, verify it through practice, and achieve it through practice. Full-fledged? Only by directly responding to the challenges of social reality can the theoretical system become more and more mature. At present, environmental problems are the main problems and challenges facing society. It is precisely because of the existence of environmental problems that environmental law was born, and it is precisely because of more and more environmental problems that law? Green revolution? The emergence of new paradigm fully shows that the traditional paradigm theory can no longer meet the current needs, and a brand-new theoretical paradigm is developing. Therefore, building a dialogue between environmental law and civil law is the best way to break through many crises and build a new paradigm theory. Realizing the dialogue between them can make the concepts and positions of environmental law and civil law clear, so as to achieve the purpose of theoretical reconstruction, that is, to realize the paradigm integration and reconstruction of environmental law and civil law.
Third, the purpose and function of the dialogue between environmental law and civil law.
(A) the purpose of the dialogue between environmental law and civil law
The purpose of the dialogue between environmental law and civil law is to make them clearly define their respective concepts and values, so as to realize the integration and reconstruction of their respective theoretical paradigms.
(B) the function of dialogue between environmental law and civil law
The function of the dialogue between civil law and environmental law is to broaden the horizons of both sides, change their current traditional ways of thinking, update their methods and realize the reconstruction of their respective values. In the process of their dialogue, they will change their original ideas, thus updating their own positions and angles, coordinating their dialogue, and then promoting their development and perfection in the form of dialogue and interaction. That is, environmental law and civil law have realized empathy in the dialogue, and discovered and solved the original unknown problems by changing the original thinking, thus forming a theoretical paradigm reconstruction of environmental problems. In addition, in the process of dialogue, we can effectively re-understand and define their respective concepts, positions and values, so as to realize the paradigm integration of environmental law and civil law in the process of coordinating their relations.
IV. Contents and Status of Dialogue between Environmental Law and Civil Law
Environmental law-solving environmental problems with the power of civil law.
The theoretical root of the formation and development of environmental law is civil law. In the original environmental law, the legal basis for solving environmental problems was civil law and criminal law. Therefore, the important influence of civil law on environmental law is self-evident. Especially when environmental law faces some environmental problems, it is difficult to find a solution with the way of thinking of environmental law, and it is often necessary to switch to civil law. Another world? This is the influence of civil law on environmental science. The root of this phenomenon lies in the government's attention to its leading role. Therefore, environmental law has the corresponding characteristics of administrative law. Therefore, its implementation is usually governed by prohibitive provisions or mandatory norms, thus limiting itself to this. Combination of administrative leadership and market mechanism? At present, China and even the whole world have become the common voice of the legislative circle of environmental law. Among them, the idea of introducing market mechanism is to introduce the thinking idea of civil law into the formulation of environmental law system, so as to reconstruct the theoretical paradigm of environmental law with the help of the individualism theory of civil law.
(2) Civil Law-the opportunities and challenges brought by environmental problems to civil law and civil law theory.
The challenge brought by environmental problems to civil law is mainly manifested in the individualism of its theory, and in the process of formulating the civil code system, the green civil code? This challenge has also become an opportunity for the development of civil law. Therefore, strengthening the dialogue between them at present can promote the formulation of civil code and the construction of civil law theory. At present, the theory of civil law has embarked on the road of reconstruction, but it will take time to achieve in-depth research and summary. For example, the theory of property law and contract law in civil law: at present, in the field of property law in civil law, how to realize the ecology of property law theory has become the focus of current civil law scholars. Due to the socialization of real right, the domination of public law and the obligation of public law are integrated into the concept of real right, which shows that the current real right pays full attention to the interests of social groups. Therefore, if this is the starting point of thinking consciousness, some scholars put forward that environmental protection should be included in the theory of property rights, so as to construct ecological property rights; Some scholars have put forward the idea of constructing quasi-real right theory on the basis of studying the right of agriculture, forestry, animal husbandry and deputy fishing. In the field of contract law, there is also an ecological theory of contract law, that is, the so-called? Environmental contract? .
Fifth, the way to realize the integration of environmental law and civil law paradigm-the principle of public order and good customs.
? Principles of public order and good customs? It occupies an important position in the current civil law, and its function is to amend and restrict it? Principle of autonomy in private law? . At present, relevant scholars have summarized the principles of public order, which can be roughly divided into ten types, including? Acts that endanger state procedures? This principle needs further conceptual explanation. In fact, the essence of this principle is the link in which the individualistic theoretical paradigm accepts the concept revision of the holistic paradigm. So the relationship between environmental law and civil law is also here? Public order and good customs? Reflected in principle. In order to better adapt to the current development situation, civil law theory also consciously undertakes the heavy responsibility of socialization and ecology, and combines with the reality of its own theoretical framework to maximize the theoretical practice of socialization and ecology.
When the socialization and ecology of civil law develop to a certain extent, it is inevitable that civil law can no longer be adjusted. Therefore, this is also one of the reasons for the emergence of environmental law. It is precisely because of the above reasons that legal theories such as environmental law have regarded themselves as social laws since their birth, emphasizing the public welfare to society. Based on this, is there such a civil law? Social law? There are many inevitable relations between them not only in theory but also in practice norms, and they also show certain inheritance relations in the process of adjustment. It is also based on this significance that Meggers, a civil law scholar, proposed that economic law, labor law and traditional commercial law are the same. Special justice? . Ignore the correctness of this argument first, and its point of view has already shown the so-called? Social law? -Environmental law has an inevitable connection with civil law in content adjustment. Actually, will. Principles of public order and good customs? As a civil law and? Social law? Mediation division of labor can be regarded as a new way of thinking in the current legal system.
Abstract of intransitive verbs
To sum up, based on the integration of civil law and environmental law, this paper conducts research and discussion in order to build a systematic framework for the dialogue between them and lay the foundation for determining the boundary line of the integration of environmental law and civil law paradigm. By discussing the reason, feasibility and necessity, purpose and function, content and present situation of the dialogue between civil law and environmental law, this paper puts forward the idea of taking "civil law" as an example. Principles of public order and good customs? For integration and reconstruction.
References:
Chen Xinxia. Kant's teleology and? Anthropocentrism? Question [J] Journal of Capital Normal University: Social Science Edition, 2013,5 (01): 52-56.
[2] Ye Junrong. Institutional Response to Environmental Problems —— Environmental Law and Policy [M] Beijing: China University of Political Science and Law Press, 20 14.
[3] Zeng Shixiong. The present and future of the general principles of civil law [M]. Beijing: China University of Political Science and Law Press, 20 1 1.