Between Dao and Qi -- Reading "culture of modern legal home China: Soochow University Law School" has the feeling

For Scott soon, students are Chinese versions read hastily and without thinking, coupled with the earlier to see information, hastily finishing for the text, and then use translation software to English, dare not cheat the teacher, still hope.

After Law School of Soochow University information, my mind has an adaptation of the word -- "a heavy, also on the road". Five years ago, Professor Deng Zhenglai in the face of predicament in twenty-first Century Chinese law and Chinese law, proposed a grand historical proposition -- China Law: where to go. Five years later, Mr. Zhou Yongkun wrote "there" Chinese law "," look at this proposition in a global view, convey a meaning: the law is universal cultural phenomenon of the human society, the researchers it is global, it is the study of the world, the premise of legal and law to Chinese will make the law lose argument. I think this vision of globalization is to a equal dialogue and exchanges Chinese rational view, see the world, this is the Law School of Soochow University spirit.

In the late Qing Dynasty in the old and new culture collision and fusion of the times, Soochow University and other church run schools, to be solved is how to integrate such an old and full of new power of the state. After reading, Soochow University law school information, only three words in my mind: reality, Philosophy (TAO), system (device).

A,        The reality

China feudal society history long, the rule of man thinking system of oppression and tyranny, law is the rule and the service, the Confucianism as the rule of the legalization and argumentation, China no guarantee of human rights and control of power law, thus to the modernization process from the feudal society in the China, law and democracy become the maintenance of implementation the freedom and liberation of weapons. Soochow University as a church run schools, in order to spread democracy thought, carry forward the spirit of independence and freedom of the University, it must face the reality of choice Chinese, school running idea, construction education institutions, setting teaching mode.

Two,        Education choice

(a) the idea of university education

What is education? With Chinese ancient philosophical language is tao. A school in a general grasp of the era, in order to put forward the teaching values. The so-called "a" is the school talent not only now defined "with special skills of the people", but not is now the education idea the characters, failure of the craftsmen, so it's no wonder that the professor Qian Liqun "by Lu Xun self, to fight in despair".

The Soochow University as to what her idea of education? I think the school motto is enough to prove that her pursuit of heaven and earth "-- a healthy atmosphere, perfect law and modern". Although this motto first English, then is used in classical Chinese, but its meaning is entirely in the western culture for a correct orientation and idealistic person look forward to.

In the eastern and Western society has a cultural concept is the same, that is the cultural and social medicine is highly praised: in the East is good and the doctor; in the west, the most basic is the University School of medicine and School of law. Medical treatment of the human body, the continuation of life in nature; the cultural thought, the life in the eternal. Soochow University Law School and medical school. As a species, have a life of the common, more spiritual things in life: from the point of view, the human is not the vast majority of the world's biological, but they have become the intelligent part of the universe, it is because the human intelligence, we know how to pursue beauty, know how to build a good system to pursue freedom and happiness.

(two) orientation of law education

Affected by the overall philosophy of education, the main concept of positioning Soochow University law school is to cultivate talents of international thinking of pragmatism, and culture research has the academic ability of students. The law education idea originated from the USA and Chinese background.

It USA background, this Pragmatism Jurisprudence Education Idea by federal judge Holmes lifted the law thought influence of pragmatism. Holmes saw the problem, with its unique thinking, broad perspective, based on the realistic attitude, make the Federal Supreme Court high perspicacity like decisions, transfer of Pragmatism from the practical point of view, at the same time he used his identity, went to the law school, spread their ideas with exciting speech, committed to break through the traditional concept of law, from the realistic attitude, combine the legal and social reality, social law research America of opening.

It Chinese background, this is a destroy the old and establish the new era, the construction of legal system of New Republic demonstrated against the legal resources and legal talent demand, as the law school, said "this is a good time to" made an outstanding contribution to the New Republic, "the most basic is to provide the students to provide a 'legal education to adapt to the needs of the country'".

(three) the orientation of the legal occupation

Education of law including law knowledge, also includes the legal practice ability training. In the "Southern Wu Chaoyang North" legal education, compared with other Chaoyang University Law School, east Wu law school culture is a lawyer, and non judicial officer, school by emphasizing on occupation moral, academic level and occupation ability, for their active participation in the political and economic life to lay a good foundation.

The reason to make the law occupation position like this, I think there are the following reasons:

1, the law is not only at the national level, more is the folk. In the view of Chinese, legal implementation in the legislative, law enforcement, judicial and legal supervision of the state, actually otherwise, in a free state, the power of legal development depends more on the bottom-up evolution, legal implementation more embodies law to regulate and protect, in relations between equal entities can say, at the root of social legal realization. It is this reason, the occupation localization of Soochow University School of law is not on the "official", and placed in the folk

2, the affected USA legal culture and occupation environment. Western society two big legal systems are based on market economy, the pursuit of democracy and the rule of law and human rights, but the form of expression, judicial system and legal occupation some difference in the law, civil law judges in Anglo American law system heavy, heavy lawyer. In Anglo American law system, law has a very high social status, the judge is from the senior lawyers were selected, one lawyer rich experience can guarantee the high quality of judges is required case law mode, but also ensure the fresh judicial occupation, reduce judicial corruption.

Three, course design

Once the university education and law education in the level, nature should talk about Law School of Soochow University how to realize her brilliance in the device level. Soochow University law school curriculum is an organic whole, from learning a foreign language to the comparison research to the case method of teaching, every link is the basis of each other, each other is auxiliary.

(a)System arrangement

Soochow University to American University generalist education mode, even in the face of strong government, always adhere to the 4-5 system. She set up another three middle school in university education, let the students to choose the basic courses, including the knowledge of the west, and then studied law, this arrangement conforms to the human nature, also accord with the law of Education: first, not professional, encourage students to learn a variety of disciplines, let students in the learning process gradually find their interests and talents, second, in line with the characteristics of the subject of law, because, as Bodenheimer said "the law is a part of the whole social life......The law is not in the Social Sciences, an independent field of provide for oneself, can be closed or other branches of the subject and human efforts to phase out. In order to become a truly useful servant, legal workers must first is a culture and broad knowledge."

Two.Comparative method

Comparative law is the Law School of Soochow University fame, so also known as the "far east the comparative law school class and most famous". Soochow University Law School offers courses Chinese code comparison method based on realistic consideration, is the analysis of a "society based on self selection," the philosophy of education. Comparative law school curriculum of continental law, Anglo American law and Chinese method three class in the class, the students not only learn Rome law and legal latin, but also study the continental law (Germany or France); comparative law courses have the comparative legal history and the criminal law countries. Because of these subjects in ancient and modern times law, so a 30 years of law school graduates to paint this comparison method "method for aspect of both the". Soochow University School of law is not complacent, not to the exclusion of including the Soviet Union or fascist legal, let students know, their analysis and evaluation. Always follow the subject research and teaching activities America cutting-edge.

In the comparison of Soochow University pay more attention to the common law of teaching, in the Republic of China law is lack of resources and level is not high, other schools in the main continental law teaching at Soochow University, the Anglo American law, this is what kind of consideration? I think in addition to the advantages by school attributes and common law itself, more should be looking for more reference to Chinese method, as Mr. Sun Xiaolou said, "the ultimate goal of this study is to improve the Chinese method, rather than simply as a foreign law and foreign law".

(three) the case teaching

Because America link with education, teaching methods at Soochow University law school still uses "textbook", later converted into case study. This is influenced by justice Holmes's legal thoughts, it has broken the law concept of law unification USA's situation, the legal education to case teaching mode. In fact, the Anglo American law is mainly based on precedent, legal education based on the case analysis case, students find precedent, legal capacity, eventually finding. Therefore at Soochow University law school not teaching method, but use case text in teaching, students are not reading the textbook, in the classroom about case content. Therefore, the common law that "comparison" learning to Soochow law school graduates end has a practical use huge -- because of their English proficiency and familiarity with common law system as the domestic law of a general so they can skillfully handle public concession in the foreign affairs.

(four) a foreign language

Church schools generally pay attention to foreign language learning, Soochow University is no exception, but her own discipline based on characteristics of the language requirements. Law school was founded in 1915, in the new period of eligibility requirements, require all applicants must have the ability of using English, review the final also require applicants with the use of Mandarin (i.e. northern dialect) capacity. This is a basic requirement for the English comparative law, combined with the mode of teaching, students must acquire more languages, such as Latin, German, French, Japanese, Russian, with a maximum of seven or eight language acquisition, at least to master two languages, but also must meet with sound level of translation.

In 1920 to 1927 this period of time, only about Chinese method with several courses in Chinese teaching, while most other courses are taught in english. Extensive English training enables students to study in Britain and USA successfully completed their academic. In 1921 the school organized a practice court (court), courts in the Saturday night session, by the students as a lawyer, jurors and witnesses, some teachers from outside, lawyers, judges and the school as a judge. Take turns to demonstrate 3 sets of legal procedures -- Chinese Court (in Chinese), Mixed Court (in English translation, English), and American courts (in English).

Four, plans for the future

I'm a country boy, from the county seat to Jingdezhen to have "Jervois" heaven of Soochow, sitting in the Law School of middle small garden trees, in the breeze, feel ashamed of one's ungainly appearance. The history of our wealth, but also a burden, Soochow University Law School glory of a salvation from the era background in big ways, has become an independent school of education idea and the education system in small ways, we not only can't promote innovation, even the inheritance are not qualified, but in selling fathers.

This course is called legal English, I know my English is very poor, often thought of English to write Chinese articles like this nature (of course not literature, Chinese is poor) will laugh in the dream. The globalization of the world, civilization exchanges need dialogue, and the premise of the dialogue is to accept others' messages, and then express their point of view, the language is the premise.

In the social upheaval, social environment and education conditions cannot be compared to now, we can't imagine what kind of education mode, it is a what kind of person. Than law school who only approach somebody's greatness of copies, feel ashamed of one's ungainly appearance, in order to motivate themselves, have to make some plans:

1, English language learning: little trick, in the absence of English environment, to manufacturing environment. The read and write basic skills, consciously to see the original law, consciously learn English translation, perseverance, insist that the English are readable.

2, have the ability to learn language: in the "diploma selling factory" where everything is wide into the wide, school education can't give a person more, can only rely on their own learning. Like most of the subjects, the modern sense of the law and the law Chinese is not, we are all in the Western paradigm to analyze China problem. There is a close relationship between law and philosophy, ethics, political science, sociology and economics, these are all need to learn, master a foreign language, can make you upgrade to a higher level in the field of law, obtain first-hand information, from the subject of others.