introduce
After the founding of New China, the development of China's laws has experienced three great advances. Law education has made great progress in terms of teachers and enrollment scale. After the 1990s, China's economy made rapid progress, and the disputes in economic development followed, which led to an increase in the demand for lawyers. However, the expansion of the enrollment scale of law majors has not provided enough excellent legal talents for economic development, and the employment rate of law school graduates is at the bottom of all majors, which can not provide excellent legal talents for China's legal affairs departments. High-end legal business has been occupied by foreign law firms, and even China lawyers working in domestic high-end law firms have overseas study backgrounds, especially in Britain and the United States. This makes us have to reflect on the problems existing in law education in China.
Anglo-American law firms have swept the world in recent decades, even those countries in continental France have not been spared. In Germany, France, Japan and other civil law countries, local law firms are merged by American and British law firms, and high-end legal professions are monopolized by these law firms. The strong position of lawyers in common law countries has attracted the attention of other countries. They examined the problems existing in legal education and made timely adjustments and reforms. Civil law countries, led by Germany, have rapidly changed the training objectives of legal education, and all of them regard training excellent lawyers as their primary pursuit. In the process of studying legal education in Britain and America, the case teaching method implemented in Britain and America has attracted the attention of all countries in the world. This teaching method promoted by Randall, Dean of Harvard Law School, seems to be the reason for the gradual development of the lawyer industry in common law countries. Therefore, many countries have reformed the traditional teaching methods in China, and constantly increased the proportion of practical courses in the teaching process. Among them, the comparative Anglo-American law teaching mode adopted by Soochow University provides a brand-new reference for civil law countries. Let those who think that civil law countries can't implement case teaching method collapse. In addition, Germany, a typical civil law country, has also carried out a thorough reform of law education, changed the previous education model that focused on training judges, and made bold reforms in teaching methods. It conforms to the development of the times and lays a good foundation for the cultivation of legal talents.
Since the founding of the People's Republic of China, China's law education has always adopted the teaching method of lecturing. Although this method has its unique advantages, its disadvantages are also obvious. The students trained under this teaching method have excellent academic ability, but there are congenital deficiencies in the cultivation of practical ability. Students lack the ability to solve specific cases. Although they have a solid theoretical foundation, they often feel aimless when they encounter complicated cases. In addition, the teaching reality that students' self-study ability is not strong and the classroom atmosphere is dull makes us turn our attention to the case teaching method in British and American law education. This Socratic question-and-answer teaching method just meets the three disadvantages of traditional teaching methods in China and becomes a good solution to the dilemma of legal talents training in reality. Then in the 1980s, China introduced this teaching method. Some first-class universities have set up case teaching courses, and other law schools have followed suit. Although it has been popularized for more than 20 years, the case teaching method in reality has not been paid enough attention, and the present situation of law education has not been fundamentally changed. In this context, the "Excellent Legal Talents Training Plan" brought back the case teaching method, which put forward new requirements for law education, especially law teaching methods. On the one hand, case teaching method needs a comprehensive and in-depth new understanding, on the other hand, it should also be combined with the actual concrete analysis of current legal education in China. Only in this way can we find a way to cultivate legal talents with China characteristics.
At present, China has not completely liberalized foreign law firms, and there are strict restrictions in many aspects. Therefore, domestic law firms have not been seriously affected. However, this trend is bound to change in the near future. How domestic law firms and legal talents remain invincible in the new era and how to promote the reform of law teaching methods are all new topics faced by lawyers in China. In this case, China's law education has to make changes, find out the problems and find out the countermeasures. (model essay. )
I. China Case ...................... 18-33
(A) Case teaching method in .................. 18-20.
(B) the case teaching method in China's undergraduate education in law .................. 20-23
(C) the application of case teaching method in undergraduate law in China ................... 23-27
(D) the application of case teaching method in undergraduate law in China ................ 27-33
Two. Application of Case Teaching Method in Foreign Countries ..................... 33-56
(A) the United States uses case teaching in ................... 33-46
(B) German Practical ........................ 46-5 1
(c) Anglo-American French Taiwan Province Province, ................... 5 1-56
Three. The reform of case teaching method in China ........................... 56-70
(a) the central outstanding legal personnel training program in ................ 56-58
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conclusion
Should legal education focus on theory or practice? Is the mode of education mainly lecture or discussion? I'm afraid no other issue has attracted so much attention in the field of law education as this long-debated issue. The traditional law teaching method in China has been implemented for many years, and its disadvantages of mechanical teaching and passive learning have seriously affected the development of law education and the cultivation of legal talents in China. At present, the legal education in China has been far away from the advanced countries in the world in teaching concepts and teaching methods, which can be seen from the development of law firms around the world. The main reason is that the practical teaching emphasized by common law countries is ignored by civil law countries. Faced with this situation, many civil law countries have also reformed their legal education. Both the newly promulgated German education reform law and the case teaching method implemented in Taiwan Province Province show their emphasis on practical teaching. To solve the recurring problems in China's legal education and provide qualified legal talents for economic development, only by introducing mature case teaching method can we get out of the predicament. Although the case teaching method has been introduced to China for a long time, we have to admit that we didn't know enough about it before and didn't vigorously promote it, which led to its ineffective implementation. The plan of outstanding legal talents put forward by 20 1 1 once again emphasizes the importance of teaching practice, which is a new opportunity for us to implement case teaching method. The country's demand for high-end legal talents is not urgent. If law schools in China can't meet this demand, there will naturally be other supply channels. Law schools in China need to face up to this problem and make up their minds to reform. The focus of the reform should be the implementation of case teaching method, which is a mature legal teaching method in the United States. Case teaching method can change many problems existing in law education in China in the past, make law graduates have good ability to deal with complex cases, and then provide more high-end legal talents for economic development. At the same time, we should face up to the problems existing in the implementation of case teaching method at this stage and refer to the experience of foreign practical teaching to give practical suggestions. Only in this way can we lay a good foundation for cultivating compound legal talents and create opportunities for the further development of Chinese jurisprudence.
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