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On the legal professional ethics in the undergraduate stage of law.
On the legal professional ethics in the undergraduate stage of law.

Faith is formed in the process of the formation of legal profession, which has the same spiritual pursuit. The following is a model essay on legal professional ethics shared by J.L. ..

First, the status quo and reasons of legal professional ethics education in China's law undergraduate stage

1. The score of legal professional ethics in the national unified judicial examination is low.

Since 2002, the national unified judicial examination has included legal professional ethics in the examination scope, but the score of the examination has always hovered around 5 points, which is difficult to attract people's attention compared with other contents.

At present, many colleges and universities take the initiative to tilt to the subjects with more assessment contents in the judicial examination when determining the teaching plan of their law major. Regardless of the right or wrong of this practice for the time being, it directly leads to the virtualization of the course of legal professional ethics in practice, and even some universities do not offer this course at all. The content of legal professional ethics is explained in courses such as jurisprudence, procedural law or introduction to the judicial system.

This also shows that the legal professional ethics course has a low position in the legal professional courses in colleges and universities. In addition, many colleges and universities set ideological and moral cultivation as a compulsory course in the teaching plan of law undergraduate majors, but there is no special course to study legal professional ethics systematically. The course of ideological and moral cultivation is mainly to explain the morality of the masses. Although legal professional ethics belongs to the category of morality, it is different from public morality. Legal professional ethics has the characteristics of subject particularity, normative clarity and strong restraint.

The main body of legal professional ethics is mainly legal professionals such as judges, prosecutors and lawyers who specialize in legal work, and it is not binding on non-legal professionals. Legal professional ethics can not stay at the level of general moral standards, but must form specific standards with clear rights and obligations and operable codes of conduct.

For example, the Basic Code of Professional Ethics for Judges in People's Republic of China (PRC) issued by the Supreme People's Court, the Basic Code of Professional Ethics for Prosecutors adopted by the Supreme People's Procuratorate (for Trial Implementation) and the Code of Practice for Lawyers adopted by China Lawyers Association (for Trial Implementation) all put forward special requirements for relevant legal professional ethics. In addition, these norms are very binding.

If it violates professional ethics, it is required to investigate the corresponding disciplinary responsibility and even legal responsibility. Therefore, the course of ideological and moral revision cannot completely replace the course of legal professional ethics. In addition, the teaching content and methods of ideological and moral cultivation course are outdated and the teaching effect is not good, which can not meet the requirements of legal professional ethics education for law majors.

2. There are few professional researchers and teachers in the field of legal professional ethics.

At present, there are few professional researchers in the field of legal professional ethics, and there is a serious shortage of teachers engaged in legal professional ethics education in colleges and universities. This also directly leads to the difficulties in setting up the legal professional ethics curriculum. Some colleges and universities regard legal ethics as an optional course in the law teaching plan.

However, due to the lack of professional teachers, the course was not really offered. Although some universities offer this course, most of them are teachers of jurisprudence or litigation law. These people have never really studied legal professional ethics, so the teaching of this course can only be limited to the explanation of relevant professional ethics.

In addition, there are relatively few teaching materials and materials for the course of legal professional ethics, which has a great influence on the opening of this course and directly restricts the development of legal professional ethics education at the undergraduate stage of law.

Second, the measures to improve the legal professional ethics education in the undergraduate stage of law.

1. Clarify the goal and orientation of legal professional ethics at the undergraduate stage of law.

Is it mentioned in China's current judicial reform? Separation of trial for a judicial officer, not only needs to have mature judicial experience, profound legal knowledge background and certain literacy, but also needs to have a fair, honest and loyal professional ethics.

Legal professional ethics is one of the necessary qualities for legal professionals. Therefore, legal education must attach importance to the education of legal professional ethics. We should change the current attitude of ignoring legal professional ethics and make clear the content of legal professional ethics when setting the training goal of law undergraduate. Legal professional ethics should be one of the core courses when determining the core courses of law undergraduate majors.

2 increase the proportion of legal professional ethics in the national unified judicial examination.

The setting of legal professional ethics threshold has always been an important issue of universal concern in all countries, which is of great significance to legal professional groups. Law schools in British universities not only pay more attention to the cultivation of students' basic knowledge and practical ability, but also pay attention to arranging teaching plans to cultivate students' comprehensive qualities, such as morality, legal ethics, professional quality and self-discipline awareness. Most States in the United States require students to pass the lawyer's professional ethics examination in order to obtain the lawyer's professional qualification.

After passing the lawyer's professional ethics examination and the lawyer's qualification examination, American law graduates also have to pass the examinations sponsored by state bar associations? Moral character? Examination and interview can be sworn in as formal lawyers. Compared with the requirements of Britain, America and other countries for legal professional ethics, China's requirements for legal professional ethics are relatively low.

As far as the lawyer profession is concerned, as long as he has good conduct, has not been criminally punished for intentional crimes, has been expelled from public office and has been disqualified as a lawyer, he can obtain the qualification as a lawyer. There are no special requirements for legal professional ethics. This also directly leads to the lack of attention in the practice of legal professional ethics course.

Therefore, the author suggests that the proportion of legal professional ethics in the national unified judicial examination should be increased, and the corresponding score should be raised, so as to change the current situation that there is no or no legal professional ethics course in colleges and universities. In addition, when obtaining relevant professional qualifications and professional qualifications, the requirements are higher than the morality of the general public.

3. Explore a variety of teaching methods to improve the teaching effect of legal professional ethics course.

The teaching of legal professional ethics must internalize the requirements of legal professional ethics as a part of the personality of legal professionals. Although different legal professions have different specific professional ethics, legal professional ethics include loyalty to the law, loyalty to duty, honesty and justice, correct behavior and self-respect. This is the professional ethics that the legal profession abides by.

The content of legal professional ethics education determines that students can not simply preach morality in the teaching process, but should collect a large number of legal practice materials, create vivid legal professional scenes and teach through various teaching methods. The undergraduate stage is a crucial period for the cultivation and education of legal professional ethics, and it is also an important stage for legal professionals to form legal professional ethics.

In teaching, teaching methods such as case teaching method, mock trial and legal clinic can be used to provide students with an environment for moral and emotional experience, so that legal professional ethics can be truly internalized into faith. In addition, you can also hire professionals with high legal prestige to give lectures on legal professional ethics for students to improve their moral identity.

4. Cultivate legal professional beliefs in the legal profession

Faith is formed in the process of the formation of legal profession, which has the same spiritual pursuit. The manifestations of legal professional belief include legal belief, legal concept, legal concept and legal consciousness, and its core is the pursuit of the spirit of rule of law. If the subject itself lacks legal belief and spiritual pursuit, the belief that rules are supreme, and the concept of right standard and power control, it will be difficult to realize the rule of law.

Therefore, in the undergraduate teaching of law, not only the course of legal professional ethics, but also other legal courses, including theoretical courses and applied courses, must take the cultivation of legal professional belief as an important content.

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