Be just unfolding of China clinical legal education

Zhen Zhen (director of Clinical Legal Education Professional Committee of legal education and research will Chinese law. Adjunct professor of Renmin University of China law school, tutor of doctoral students)

Law is a subject with strong application, can not be divorced from the practical and theoretical research of isolated. How to make students in strengthening the legal theory of learning at the same time, improve the ability of legal practice, becoming a major issue before the China college law education workers. In order to meet the need of the reform of legal education in China, inspired American sponsored clinical legal education model and USA Ford foundation, in 2000 September, Peking University, Tsinghua University, Renmin University of China, Wuhan University, Zhongnan University of Economics and Law, East China University Of Politics and Law and Fudan University in the School of law opened clinical legal education. To 2002, there are four universities, Northwest University of Politics and Law, Zhongshan University, Sichuan University, Yunnan University School of law / set up this course.
In July 28, 2002, the Chinese law approved by the 11 institutions, set up a "China Law Jurisprudence Education Research Association Professional Committee of clinical legal education" (English Name: The Committee of Chinese Clinical Legal Educators, Chinese referred to as the "Clinical Legal Education Professional Committee", English abbreviation CCCLE) non-profit academic organization of the national clinical legal education such voluntary. Aimed at uniting and organizing the country engaged in clinical legal education workers, managers and the other a person with breadth of vision, to carry out research on the theory and practice of clinical legal education, to carry out exchanges and cooperation at home and abroad of clinical legal education, popularization, promotion, prosperity and development of clinical legal education in the cause China.
Clinical legal education originated in the sixty's of the twentieth Century USA. It draws on medical students in clinical practice of medical clinic practice, advocating learning law and lawyers in the practice and experience of practicing skills. In Chinese, clinical legal education refers to: Law School Students in a real or virtual "law clinic", providing legal advice for the plight of the recipients are eligible to practice law under the guidance of teachers, "diagnosis" their legal problems, opened a "prescription", provides a method for solving legal problems for them, and to provide free legal aid services for them. Clinical legal education, the legal practice in the students' learning theory, has carried on the beneficial exploration to improve students' law combining theory study and practice ability, by students of praise. After five years teaching, clinical legal education is on the existing law education model innovation and breakthrough, have shown strong vitality, has received the good effect. Clinical legal education can be said to be a major reform China law education in the new century, is an attempt to advanced teaching mode of foreign legal education and Chinese actual organic combination of success, have a significant impact on training China senior law talents will.
A short span of five years, clinical legal education has taken root in Chinese University, in addition to the 11 universities to set up clinical legal education, since 2003, the Funding Council Ford foundation and clinic legal education, China University of Political Science and Law, China Academy of Social Sciences, Guizhou Institute for Nationalities, Nanyang Institute of Technology, Department of law, China Agricultural University, The Second Northwest University for Nationalities has opened a clinic legal education, clinical legal education professional committee officially joined the. The Asia Foundation, the Nanjing University and the Zhengzhou University law school offers clinical legal education course. As of 2005 June, there are 32 law school joined the Committee of clinical legal education professional committee member units, become the person involved, 46 law schools.
The Committee of clinical legal education majors and the clinic teachers and students work hard and hard work, clinical legal education to the effectiveness of the performance, the Department concerned to the recipient and the government's approval, wide support and attention from all sectors of society, has attract sb.'s attention performance:
Specialized legal clinic, distinctive form gradually. At present, according to incomplete statistics, the total of the school to join the Committee in the clinical course of 161 teachers, school teachers 59 people. Five years, 3590 students were co cultured with clinical legal education, undertakes the legal aid case 1782, engaged in legal consulting million passengers, the law clinic and the formation of their own, in different colleges and universities in the focus of. For example: the rights and interests of workers, the protection of consumer rights and interests protection clinic clinic, public interest law clinics, clinics, clinics, the protection of the rights of the weak protection of women's rights and interests protection of civil rights, legal clinics, clinics criminal environmental law clinic, clinics, clinics, civil litigation law clinics, community legal clinic, and comprehensive legal clinic, etc.. These laws were all in the city, in the campus; some in the countryside, in the minority areas. The law school students, is to popularize legal knowledge, to answer the people legal issues, providing legal aid for vulnerable groups, and actively carry out the work, and strive for the realization of equality before the law governed society ideal. Clinic legal aid has been attached great importance to the Justice Department, there are many clinics institutions and individuals from more than by national and regional legal aid advanced collective and individual recognition.
Two, the promotion of domestic and foreign teachers clinic teaching experience exchange. The clinical course of unique teaching methods, teachers with high chair, mobilize, classroom art and technology, teachers also must more exchanges, more fit, in order to complete the teaching tasks. Therefore, in the careful organization Ford foundation and professional committee of clinical legal education under the arrangement, five years, five batches sent China legal clinic teacher 36 people, has to accept the training of legal clinic many famous American university law school, and established a friendly partnership business exchanges and cooperation and academic term and American Yale University, Columbia University, New York University, University of Washington, University of Connecticut and other famous University School of law. We also put the foreign clinical teachers please come in, has more than ten times and America counterparts, Chinese counterparts on the clinical legal education teaching idea, teaching method, teaching content, instructional skills, curriculum evaluation, teaching experience exchange.
Among the school clinic teachers often watch each other clinic course, mutual communication teaching experience. Since 2000, in Beijing, Wuhan, Zhuhai, Kunming, Yinchuan, Xi'an City, led by the host school or professional school committee of clinical legal education, positive response, organized six or seven national clinic teachers curriculum view and training. For example, the Commission funded at the Yunnan University in March, 2003, 2004, August in law research China Academy of Social Sciences at Northwest University of Politics and Law in October, 2004, 2005, May, held a "national law clinic education observation and seminar at the The Second Northwest University for Nationalities". In addition, the Committee held at the annual meeting, arrange special agenda and activities for training and experience to the clinic teacher. Communication and observation activities schools and clinics are more common among.
Three, the teaching method of radiation and other disciplines. Clinical legal education class, students participate in a high degree of strong, learning interest, learning initiative is strong, be obvious to people. Students from the "want me to learn", is now "I want to learn"; from passive learning into active learning, from serious learning into happy learning. Let us realize that change the teaching mode of education concept, namely "student - centered, student-centered"; "teaching interaction, teaching complementary, teaching benefits teachers as well as students"; "the equal participation, equality of teaching". The teaching concept and method is not only suitable for clinic course, also has the reference and the radiation effect on the teaching reform in other disciplines. Legal clinic has a number of colleges and universities won the provincial and municipal teaching achievement award one or two, school teaching achievements in recognition of the clinical course is nonenumerative.
Four, clinic teaching material monograph translation papers have been published in. Have the clinic teacher to class and guide the students to the experiences collected books, formed a relatively complete each distinctive teaching manual. Has published the "clinical legal education in China", "clinical legal education", "legal education and clinical teaching method", "clinical legal education research", "interactive teaching method -- the clinical legal education", "Chinese Clinical Legal Education Forum" and other monographs, translations and essays, more than 90 academic papers published in various newspapers and magazines published. Characteristics of clinic Handbook and different patterns of clinic teaching materials will also soon be published. These works published, will make the clinical legal education more standardized, scientific, localization, and has allowed us to use clinic books more directly approached the clinical legal education, learn from foreign research achievements and experience of clinical legal education. The Ministry of education is also the legal clinic teaching materials in Higher Education "fifteen" national material planning topics range. This fully shows that the Ministry of education on this new subject support and the affirmation.
In 2003 May, the clinical legal education Academic Advisory Committee review, the Legal Education Committee of first aid clinic 8 and clinical legal education related topics. Now, research on the Legal Education Committee of clinics every year to aid many new topic, already funded projects include: "practical law education research", "clinic education in China diversified development", "legal clinic education and community", "legal clinic courses and other law courses", "compatibility Investigation Legal Clinic in the legal occupation moral education", "about China clinical legal education teaching content of the investigation report", "clinic management and curriculum evaluation", "Chinese clinical legal education development present situation investigation and Research Report" and so on. Encourage teachers to carry out academic research clinic, increase the level of academic research, clinical legal education academic leader training schools. Academic and research the prosperity of clinical legal education, establish the specialized clinic research team have great significance.
Five, held in the international and domestic clinical legal education conference and seminar series. At the beginning of 2000 12, the Renmin University of China in Beijing. "The International Symposium on clinical legal education and the reform of Legal Education Forum held in twenty-first Century"; at the end of 2002 7, at the Zhuhai campus of Zhongshan University held a "Clinical Legal Education Professional Committee was established and the clinical legal Education International Symposium on" Legal Education Research Association Chinese law; in 2003 December, held "2003 Chinese Clinical Legal Education Forum" will be held in July at Renmin University of China; 2005 "international clinic legal education at Zhongnan University of Economics and Law and the South-Central University For Nationalities conference". The meeting has aroused strong repercussions in society. There are more than 20 newspapers, the website propaganda reports on progress in domestic colleges and universities conference and clinic teaching.
Legal Education Professional Committee America Ford foundation and clinic also organized the school clinic teachers participated in a series of domestic and international academic seminar, for example: in 2001 December held in South Africa, "Justice Education Global Alliance for the Second World Congress" in 2003 October, held in Wuhan "" economic, social and cultural rights in the implementation of the "International Convention Chinese seminar", Chinese clinic teacher has superior performance in the international conference, he (she) have professional knowledge, comprehensive quality and on the clinical legal education, legal aid is the cause of the persistent pursuit and dedication, won wide respect for participants. In 2004 July, the Legal Education Committee of clinics attended a organized by York University and central European university summer university in the Hungarian capital Budapest "global law public service: Theory and practice" course. Through class participation and communication, more in-depth understanding of the theory and practice of public interest lawyers, introduces the working and the present situation China clinical legal education and legal aid, and puts forward some problems in carrying out public welfare legal services in China and solutions. At the same time, in Ford foundation, in 2004 July as a representative of Chinese clinic teachers went to Poland at Kfeu to participate in the Global Justice Education Alliance (GAJE) Third World conference. Communication in international and show China clinical legal education, out of communication with the communication and the international legal education organization. Dr. Mao Ling was elected to the clinic teacher GAJE organization in asia. In 2005 June, the clinical teachers went to Thailand to attend the "Asian Development of legal aid and legal rules Congress", to share in the clinical legal education and legal aid experience at the meeting, discuss Chinese to promote the work of legal aid to conform with international standards.
In five years, by American Ford fund and the investment seminars, exchanges, training will be nearly 30 times. Whether in promoting the development of clinical legal education, or domestic and foreign clinic teacher exchanges have played a positive role in promoting. Clinical Legal Education Professional Committee of encouraging and supporting the school clinic teachers actively participate in domestic and international academic seminar, which is an important means of propaganda and expand the clinical legal education influence. Clinical Legal Education Professional Committee of the Secretariat of the related research information to the school clinic, the Committee Secretariat information resource collection and distribution center, and realize the sharing of resources, expand the space for development. For example, the Committee sent representatives to participate in the Ministry of justice and international justice Bridge Group Office of criminal legal aid lawyers international training; Ministry of justice and Si Pan root Berg tissue, China law and development consulting (Beijing) company group to do "to protect the rights of women lawyers skill training"; the bar Association and the University of Washington, China law and George? Development consulting (Beijing) company group to do "training" criminal defense lawyer skills and techniques; group do Ford foundation "women and land rights" seminar; China Law Institute of the Academy of Social Sciences "Oriental public welfare legal aid lawyer office opening ceremony and public interest litigation and legal assistance seminar"; the Law School of Tsinghua University and Beijing city the Lawyer Association jointly organized the "legal aid and protection of the rights of citizens; seminar" seminar "against domestic violence"; etc..
Six, the use of network media to expand the clinic effect. Legal Education Professional Committee of clinic on the use of network technology, the propaganda clinics, social service. Has invested to establish open clinical legal education specialized sites: www.cliniclaw.cn and the person responsible, regular maintenance, update. By June 27, 2005, the number of visitors to the site to already amounted to 60387 person time. With the progress of modern media propaganda and reporting their clinical legal education, extensive contacts in the online establishment and seeking help. We are conscious, there are plans to play a game of the teaching reform of the "brand" of the war, "boutique" battle.
Seven, the clinic students harvest. The clinical course has become a popular courses in universities and colleges of law students to elective, some universities have gradually put it as a required course. From the analysis of the questionnaires of students have graduated from clinic, students generally love, identity clinic teaching contents and methods, and feel the harvest. The following are some of the harvest Students inductive himself in the node class ceremony: the 1 exercise to adapt to different circumstances, contact with different types of parties, ability to handle legal issues of different types. A useful exploration of interpersonal communication and interpersonal relationship. The 2 exercise eloquence, including questions, answers, and summarizing problems. 3 practice ability, including work plan, as well as from the fact and the possibility of be in sorting out the ideas and methods of analysis, problem solving. 4 the book knowledge and legal practice, to have a more thorough understanding of the original theory of knowledge; at the same time, the book is not knowledge, also is the social practice must know, must know knowledge have a more profound understanding of. 5 abandoned some ideal unrealistic ideas, become stand on solid ground, serious and responsible, have the public mind and love. 6 Society for parties, entrust others, to seek to resolve the case plan, not to their own likes and dislikes to choose, strive to seek legal for the parties to allow maximum interests range. 7 inside and outside of the classroom, learned many Weirenchushi way and method of doing, useful. 8 students attitude becomes more peaceful, tolerant. 9 set up the confidence and determination to achieve the ideal legal struggle of the firm.
Eight, to provide legal aid for vulnerable groups. Clinical legal education has not only promoted the reform of legal education in Colleges and universities, but also provide legal services through a proxy for real case can not afford a lawyer client, to achieve a goal of teaching of clinical legal education, namely, to provide legal assistance to the vulnerable groups. The clinic students through the cases, to provide legal aid to the client, deepens to the lawyer occupation standard and occupation moral understanding, but also make the clinic teaching produce more extensive social benefit. At present our country legal aid resources are relatively poor, the reality demand of legal aid, legal clinic of the teachers and the students should have a good quality legal aid force. At present, the legal clinics all over with the local public security department and other law enforcement departments have made contact, and some also signed a cooperation agreement, to the local legal aid center sent legal aid station in the form of a case, from the local legal aid center, to participate in the legal aid services. There are a lot of students by clinic undertakes legal aid of the case to do very well: for example, appearing in court as a defender, as a result of long-term domestic violence, battered women murder case defense; as an agent, stone 8 years old children in a hospital in Hebei Guan a farmer agent and action of a foreign medical device company civil claims, cardiac pacemaker an electric shock by claims, Mu x housing lease disputes, Beijing more than 150 consumers quality water heater case of collective complaints, a car repair factory workers labor litigation claims, Liu Mousu a prison administration nonfeasance case, Li Mousu city taxi management office administrative reconsideration case, etc..
Nine, promote the reform and innovation of legal education. The reform of clinical legal education on contemporary legal education embodied in: Set 1 course. Legal clinic practice, skills training courses, the education in the education of law occupation of the first goal. Structural reform is bound to the traditional curriculum. 2 teaching methods. While retaining the lectures at the same time, the implementation of case teaching method, teaching clinic, as far as possible enrich teaching means, pay attention to the legal occupation skill training, change assessment of the student and the curriculum evaluation mode. 3 the teacher strength. The law school can recruit senior legal experts, experienced judges, prosecutors or lawyers as a visiting professor, lectures, let students know more about the society, grasp the basic skill of legal occupation, for their future lay a good foundation in the legal occupation. 4 graduation internship. Clinical legal education not only includes the strict sense of the classroom teaching activities, but also includes many practical courses and a series of social activities. Students through the legal practice to deepen the further understanding of the knowledge, is a major breakthrough in practice of law school graduate, has become a new opportunity for reform of the system of graduation practice.
Ten, clinical legal education win honor for school reform. According to incomplete statistics, as the most popular with students of clinical legal education, but also for the schools in the teaching reform of the curriculum setting and won many honors. For example, Zhongshan University "exploration and practice of" clinical legal education project, has won the four annual "Zhongshan University teaching achievement award" and "award" Higher School Guangdong provincial teaching achievements, and Guangdong Province Education Department recommended to declare the two prize in the National Teaching Achievement Award; Northwest University of Politics and Law clinical legal education course, results the school and won the first prize of teaching in Shaanxi Province, and declared in the two prize of national teaching achievement award; Renmin University of China clinical legal education course, won a class two award first prize teaching achievements of our school and Beijing teaching achievement; Wuhan University clinical legal education course, won the first prize in the school teaching achievements, and declare 2004 Hubei provincial teaching research universities project; Nanyang Institute of Technology Henan project "Henan Province law education present situation and countermeasure research" (including clinical legal education content), 2004 in Henan province in April was the 2004 year of outstanding social science research achievement award, and won the two prize of Nanyang scientific and technological progress; clinical teachers paper "to explore the legal aid practice research" (including legal clinic the content of Education issued) In the "Heilongjiang higher education research" (Journal) in 2004 second period, and get the law society of Henan Province, Henan province held the legal aid center of Henan Provincial Legal Aid theories research award; The Second Northwest University for Nationalities clinical legal education course, won the first prize in the school and the Ningxia Hui Autonomous Region teaching achievement, and the declaration of national teaching achievement award. The awards show sufficient affirmation to clinical legal education curriculum evaluation of legal education departments and experts on higher education and highly appraised again.
Eleven, the law has become the law educational circles and practice departments extensive connection platform. Clinical legal education and practice departments, our achievements, on one hand, thanks to the Ministry of education, the Ministry of justice, the courts, procuratorates, national legal aid center, government agencies at all levels and China law society's concern and support; on the other hand, also cannot do without local law firms, arbitration institutions, trade unions, women's federations, commission, Federation of the disabled, the community service center, the news media, various social groups, selfless support and encouragement. In 2004, the Legal Education Committee and USA Ford foundation clinic in addition to maintain close contact, and consciously with the domestic and foreign fund, international organizations were approached. Such as the international judicial Bridge Fund, the European Commission to Chinese and Mongolia delegation, the culture and Education Committee in Sweden, Rolle Wallenberg Institute of human rights and humanitarian law, plus office, cooperative service International College, environment and development Wenluokefei government organization ability construction project, the Asia Foundation, Asian Law Centre, in law the original Consulting Co. ltd.. Through conversation, deepen the understanding of legal education in international organizations Chinese clinic, laying the foundation for future cooperation. In addition, funds, personnel and experience of international society, and made an indelible contribution to the growth and development of the Chinese clinical legal education.
Twelve, improve the standardization of clinical legal education professional committee. Since the beginning of Construction Committee, will focus on the construction of its system, build and form a democratic, effective organization and operation mechanism. The Committee Charter "," to "Chinese clinic education development planning" as blueprint, determined the Committee nature, tasks, organization and work plan.
The committee accepted the guidance and management Chinese law, self financing. The committee is provided with a committee of Congress in the organization, and a standing committee. Member of the Standing Committee from 11 different law schools, democratic management, meeting decision system. Through regular and irregular telephone conference, meeting and so on, by the Commission in accordance with the principle of majority decision Committee on major issues. The committee shall have one director, deputy director of the Committee of two, the full responsibility. And with the Secretariat, secretary general and a directly responsible for the executive work of the Secretariat, the secretary general is responsible to the director, deputy director. The committee chair of Chinese experts and 10 America expert 12 people as the Advisory Committee, plays an important role in project selection, project demonstration, teacher training.
Two years, has formulated, revised and perfected multinomial formulation and rules. Such as, the financial management of the "management approach" funds for schools develop; funded clinics curriculum formulated the "new clinic to absorb and clinic project promotion rules", "this will support the clinical course in the use of funds management procedures", "funding for preparation of clinics guide", "new" in clinic inspection content; project supported by the research of the "annual monographs, survey project management procedures", "management regulations" the use of project funds set; according to the international exchange and the use of funds to make "management approach" the use of foreign exchange funds; on the work of the secretariat the Secretariat has "set and responsibility", "the Secretariat Office rules", "the secretary management financial work rules" and other provisions.
The committee work objectives and project matures, from USA Ford foundation until 2007 China clinical legal education funding. After two years of exploration, in a stable source of funding support, the Standing Committee of the next three years to determine the work plan, will focus on identifying funding Chinese clinical legal education curriculum, funding for education research and study, legal clinic published academic achievements, held a clinic law education conference, training of clinical legal teachers, international exchanges and cooperation to raise funds, etc..
Of course, Chinese clinical legal education in progress also faces some difficulties and problems in handling the case closed: 1?? the identity problem students. The law provides a legal theory into practice platform for students, and actively to the social vulnerable groups to provide legal services and legal assistance. However, limited by the current law, clinic students enjoyed in handling cases of real rights than lawyers, the whole society has not yet reached a achieve all aspects of clinical legal education objective shall cooperate with each other, work together to consensus. Therefore, for the "quasi law" the identity for the clinic students, teachers and students of our clinic and clinical legal education professional committee is still unremitting goal. We also called on the community to support and concern. 2 kidnapped?? of the law clinic funds. Today, to carry out clinical legal education in Colleges and universities have the basic work of the facility, in the source of funds has changed from single to accept foreign fund for the school, development, law firms, many foundation and support. In view of students eager to enroll in this class are still in great demand, the new school to apply to join the Committee of clinical legal education professional and open the course still many, vulnerable groups need legal help still expect us to lend a helping hand...... Many clinics in investment funds, the cost is a source of stability, will affect the development of clinical legal education scale and direction, also can affect the clinic mode localization, standardization. Only the clinical legal education into the Chinese legal education system, in order to solve the problem of teaching and in handling cases of clinical legal education fundamentally. The next period of time, the Legal Education Committee of clinic will raise funds, broaden the sources of funding channels as the main aims of the work, but also look forward to the education sector, the judiciary, as well as the Chinese and foreign small and medium-sized enterprise, education, legal foundation, a charity to support and concern. 3 closed in?? the teacher work overload. At present there is no independent Chinese clinic teacher assessment and promotion system, Chinese clinic teachers have their own professional research field. He (she) who must complete the quality and quantity of the professional teaching and research task requirements, but also to carry out the clinic to clinic characteristic mode of classroom teaching, to give students a "one to one" guidance, and tracking the whole process guidance for handling the cases. One can imagine the heavy task of more work, additional affairs. He (she) is to make up for lack of professional title appraisal system of College Teachers in with enthusiasm, responsibility, sense of mission, creativity and dedication. Therefore, clinical legal education today in Chinese brilliant, pour into sweat and effort the clinic teachers.
Clinical legal education ground budding in the twenty-first Century millennium, now already is tall and straight, with luxuriant foliage green. At the same time, we are keenly aware, clinical legal education is facing a good opportunity hitherto unknown, must meet the new challenges brought by the new century cultural exchanges. We believe that the wonderful work of clinical legal education: the education of law in the garden, in the Ministry of education, the Ministry of justice and the social from all walks of life a person with breadth of vision support and care, can grow sturdily, offer even more beautiful and bright flowers, with more fruitful sweet fruit, for the construction of democracy and legal system, Chinese make greater contribution to the reform and innovation Chinese legal education.

This paper selected from"China clinical legal education be just unfolding (2002-2004 years of clinical legal education.)"