On the mode of innovation

[Abstract]

The reform of legal education China is a very big topic. In this paperChina law school governance mechanism and cultivation of law talentPatternInnovationAs the topic, reveals the problems existing at present China legal education, put forward the basic orientation of the reform is to the administrative. Specifically, the law school should implement administrative, academic division, administrative functions, a clear, the professor committee system, the realization of academic autonomy. At the same time, education of law to the administrative law school also requires more autonomy in the recruitment of students, professional setting, curriculum arrangement, build the model of training legal talents diversified, attention and promote development of new legal subject, and through a variety of measures to open up the internationalization, China law education, to promote the opening to the outside world. In short, long Chinese law education reform to go, need to promote bottom-up, from small and large, we should pay attention to law schoolInnovation management ideas and methods of legal education, remodeling the spirit of.

The reform of Chinese legal education is an issue of great significance. This article, Analysis on the creation of Chinese law school governance and legal talent cultivation mode,Unfolds the defect of the present Chinese legal education, and proposes that the basis of reform is de-administration. In specific, a law school shall separate its administrative management and academic research, specify its dean'S administrative power, establish Professors'Committee, and realize academic autonomy. At the same time, it is the need of the De-Administration of legal education that law schools have more autonomy in respect of enrollment, discipline set-up and curriculum arrangement, establish diversified cultivating model, value and promote the development of newly risen subjects. It also needs to broaden the horizon of Chinese legal education and open to the outside world. In general, Chinese legal education is a difficult task, which asks for promotion from all parties. We should focus on the creation of law school governance notion and measures, recreating the spirit of legal education

 

[keyword] law education governance mechanism to the administrative training mode

Key Words Legal education, law school governance, de-adminiStration, Cultivation mode

Song Dynasty Zhang Zai's words: for the world heart, for Shengmin destiny, to continue to the holy secret, peace for future generations. Although its expression is a Confucian mind, but the education of the highest. In the21The law in contemporary society, your school, the pursuit of the goal must be so. From the value of humanism, the legal education should reflect the humane care, dare to play, have the sense of historical responsibility, either gone or a time of national peace and order, and the state and the nation with a common fate, promoteNational development, social progress and people's well-being. On the instrumentalism, the legal science education should preach, impart knowledge and doubts, to follow the general laws of education, cultivating legal talents, improve the legal awareness of the whole society, constructionThe rule of law society, harmonious society.

Legal education is the main carrier of the law school[1]. All the activities of the law school, such as discipline construction,Study on the cultivation of law talent,Teaching management,Legal servicesAnd so on, are closely related with the education of law. The law school building is good or bad, is directly related to the success or failure of legal education. Today, China law school number, uneven, some good and some bad, a role in legal education is not a. However, they are facing the same problem, after the administrative color is too thick, the lack of academic freedom and open consciousness, teaching methods lack of flexibility, teachingThe lack of democratic management, and the development of the market economy China be misfits.Therefore, the reform of law education, it is important the Innovation Law School of management ideas and methods of legal education, remodeling the spirit of.

In the education system China University, in addition to special law college, College of law is not an independent subject of education, it is subject to the overall national development strategy of education, education administrative mode and development, the university internal management mechanism. Therefore, in the present system of university education, comprehensive reform to law school is very difficult. However, this does not mean the China university law school can remain stagnant, not as.

The key to the reform of legal education China is to further emancipate the mind, pioneering innovation, establish an independent, democratic, competition, inclusive, criticism, innovationThe concept should be established, law school"Democracy, the academic institute, talent strong school, institutional governance Institute, people-oriented, harmonious development "Purpose. WhileRemoval of administration, enhance service awareness, strengthen academic autonomy, it is a pressing matter of the moment. In view of this, we will reform and school governance mechanism as the breakthrough point, reveal China law education ills[]Have a definite object in view, put forward a number of suggestions for reform and innovation, Chinese law of higher education policy makers, managers and the reference.

One, to the administration is the basic direction of the reform of legal education

Like other disciplines China education, legal education, into the administration of the circle. From the enrollment types and enrollment indicators, to the examination, enrollment, and then to each link of school education, such as curriculum, teaching materials, teaching syllabus, exam questions, even including the volume change and grades, and so on, must abide by the Department of education unified specification. In order to ensure the education standard in each colleges implement, education department can organize teaching assessment scale. Substandard schools, its enrollment, funding, ratings are influenced by the. The education department also monopolized all aid, such as scientific research, teaching material, base project, project award project, talent project, induce the national law school to declare, in the realization of education goals at the same time, to strengthen the administrative control of the target.

Legal education administration have what not good? If the university legal education target only occupation training, as judges, prosecutors, lawyers school school school, administration may not be an efficient way. In this mode, the law school to teach the existing knowledge, students only need to learn some knowledge, including study law, case study of practice experience, to share and learn. As for the independent thinking, humanistic spirit, critical consciousness, especially the innovation ability, the occupation training without too much emphasis on. Of course, we recognize the legal occupation training value, it will undoubtedly occupy a space for one person in legal education, play a unique role in training talents. However, this does not mean that the University of legal education can be replaced. The administration of university legal education, its side effect is self-evident.

"The way of the University, the illustrious virtue, in Xinmin, in the highest good".UniversityIt is called a "University", not in the campus area, building land, many students, but by its academic atmosphere of freedom, independent character and the spirit of criticism, especially to have academic masters. Can say, the university is the truth. The development of university cannot do without the support of the government, also cannot do without the support, but it should not be used for power and money and keep your servant, from first to last independent personality. Only in this atmosphere, University to have the ability to innovate, to benefit the country and people's knowledge and wisdom, for the benefit of human society. To achieve this goal, the university must go to the administrative, academic autonomy road. The government should also realize that, in order to make the University as a social conscience, the power to keep the necessary humility.

With the expansion of university enrollment, and popularization of law school, law students in number[], employment has become a big problem. In this context, the boundaries between university education of law and legal occupation training gradually blurred. Some law school or simply give up the university spirit, the university education of law as the legal positioning occupation training. We think, this kind of practice is appropriate? University in the legal occupation training, but don't give up your mission. University legal education task, not only need to train judges, prosecutors, police officers and lawyers, the need to train jurists, cultivate the social conscience, conscience. If society are repeat word for word what others say, the legislature enacted the law on the implementation of the law what, what, do not know the law of "law" as it is, this society will be dangerous. Publicize "law" in law, is not only the subject of jurisprudence, nucleation and legal education. To do this, law education must remove administration.

Education of law to the administrative, means that the university should have more autonomy.[]If the college entrance examination is not comprehensive reform, at least the postgraduate enrollment should be more privileges, such as enrollment types, test subjects, the number of enrollment, allowing the school master in a certain range. Education of law to the administrative, also means that we should not set up the unified national standards, both courses, textbooks, teaching content and examination forms, should fully respect the law school's personality development. On the governance mechanism of law, administration should also become the focus of the reform. For example, the dean of the law school should be open, transparent, extensive solicitation of opinions, fully embody the democratic participation; School of law's internal affairs especially academic should be autonomous, the professor committee[5]Through. After going to the administrative, legal education should fully respect the choice of the market. Whether the allocation of educational resources, and the enrollment and employment, or society of university evaluation, should give full consideration to the educated will, instead of planning management from top to bottom.

2010Years7Month29Day, the concern of the "national medium and long term program for education reform and development2010-2020Years)"Officially published in full, this is Chinese into21The first century of educational planning.Outline in many aspects of university autonomy right protection, including: the teaching activities, independent scientific research, technological development and social service, independently set up and adjust disciplines, professional, independent development of the school's planning and implementation, teaching, scientific research, the independent administrative institution, independently determine the internal income distribution, and the use of independent management personnel, independent management and use of school property and funds. Outline especially put forward: to "cancel the actual existence of the executive level and mode of administration", sound public school system, accept the supervision of the staff and students and society[].We believe, this is a very positive signal. If the program can be effectively implemented, the higher education system will change significantly, the tendency of administration of law education will greatly reduce the.

Two, clear positioning of the dean of the law school and function

At present, the academic competition, to win,Go, little also retreat.We think, the competition between the national law school, is the law school administrative team especially between the dean of the Law School of the competition, is the dean of the Law School of the competition of comprehensive quality. In the Chinese specific system, the dean of the law school have to size up the situation, promote academic innovation, promote the sharing of resources, improve staff welfare, to promote the teaching and research level of the overall progress of the duties. Therefore, the dean of the law school's performance competition in its academic ability, administrative ability, even the character or personality charm on the comprehensive competition. In a certain sense, Dean's character determines the development trend of a law school law school, decided the fate of. Because the president's pioneering spirit, vision, vision, inclusive heart, courage, boldness and play, affecting the development of space law school largely. Dean, a good school of law is a law school teaching and administrative staff of the gospel, the band all the staff so that the development of the hospital to the last new step, remain invincible in the competition.

From a long-term point of view, law school should implement administrative, academic division. Although the president is the chief executive of the law school, but not necessarily the hospital academic leaders. Professor autonomy of academic problems, only need to be responsible for administrative affairs. The orientation apparently with the popular view difference. At present, in the Chinese university law school, director general held by scholars, have higher prestige. The reason there are three: first, academic achievement people understand the law of academic, master the latest academic developments, to make academic team leadership research; second, academic achievement and prestige to convince the public, easy to resolve the conflict in the process of administrative management; third, academic achievement people are more likely to be the leader takes seriously, to levels of coordination between the good, strive for more academic resources for college.

Academic achievement if people could do the Dean, as have both fish and bear's paw, what is there against it? After all, both in the Chinese or abroad, Dean in administrative affairs at the same time, must participate in various academic activities. Therefore, the school in considering the candidates Dean of the law school, tend to have higher requirements for its academic level, as a major research awards, or included in the national key talent, and bear the important task of national etc.. In view of the current our country academic and administration is not divided, the overall development of law school must have the aid of dean's personality charm, in accordance with the selection criteria, can understand.

However, in real life, learned people in general do not have the management ability, management ability are often not all academic. The true balance between the two is very rare. Even at the two aspects of the requirements in the hospital, long term, in order to make the administrative service work, good scholars also have to make some sacrifices in the academic term. From the perspective of resource distribution, this is probably a waste. Change an angle to think, in fact, is not the result of academic and administrative. In a school of law, to the administrative requires clarifying academic and administrative boundary, follow the specific rules, play to their respective advantages. The president is responsible for the administrative, its duty is to the academic services.[]In the academic field, by Professor Committee, Dean refused to interfere.

The dean is responsible for administrative affairs, including schools to raise funds, to improve the conditions of the office and staff welfare, improve administrative efficiency, to provide logistics services. For example, academic meeting of academic institutions, to provide business support to the dean. Generally speaking, as long as belonging to the administrative affairs, is the Dean responsibility, by the executive team responsible for solving. President of the meaning of existence, is to make the burden on Professor, engaged in teaching and research. The leadership of the administrative team, is a service team. Only from this sense to interpret Dean, promote the separation of administrative and academic, it may realize to the administrative.

There is no doubt, from the basic law grasp science development view, the dean of the law school should have certain legal professional background, for example, the system trained in law education, engaged in legal research, have high academic standards. However, these are not the most important accomplishment. As a management talent, has a superb administrative ability to the dean of the law school, such as the organization and management ability, ability to raise funds, flexibility, ability of coordination relation[]. The president does not need to allocate academic resources, also do not need to assess the teacher's academic ability. In this regard, decided by the professor committee, executive dean. According to this design, compared with the current situation, the position relatively relaxed some, at least something academic need not be involved or not involved in too deep. In addition, even if the president himself engaged in academic activities, also should avoid both athletes, and when the judges. After all, he is not involved in the allocation of resources, only provide administrative service.

In view of the above analysis, the dean of the law school is generated, candidates based on certain academic ability, should focus on the administrative ability and personality. In the past, theIn Colleges and UniversitiesThe dean of the law school have often take the appointment, election method, practice has proved that there is a problem.In order to implement the strategy of talent powerful nation, should be fair, selection, choose to use criteria,Broaden the channels for people, attracting talents, let those who have both ability and political integrity, sage and teacher can talent showing itself, there are opportunities for the school of law service, interested in law school service.Therefore,The university should vigorously promoteCompetitive mount guard, public biddingHire the higher credibility, effective selectionThe dean of the law schoolMethods.

Three,ImplementAcademic autonomy,EstablishThe professor committee system

Administrative to administrative, academic to academic self, which is the basic trend of the reform of the Law School of governance mechanism. As mentioned before, Dean Guan Hangzheng, executive leadership team, engaged in service work, academic aspects for the professor decided, carry out academic autonomy. But in real life, the president should not only provide administrative services, but also to participate in academic management, in fact often doppelganger. For example, teaching evaluation, professional title evaluation, reporting prizes, distribution project, Dean of almost all must participate in the.

The idea is to establish the academic autonomy, Professor CommitteeSystem. The professor committee is the organ of power of the law school, the professor, associate professor and assistant professor (Lecturer), decide on the major issues of the law school, such as the direction of development, College of law major strategy, budget, President of employ. The professor committee implements a person of ticket system, implement different vote on various topics.

The professor committee system in foreign countries (or area) is the successful practice of university autonomy, it not only can be implemented at the school level, in the school of law may also wish to try.[]In fact, in Chinese University, School of this level of academic power is not small. Many academic problems must first after school, to submit the school. Not only such, have very important influence on the school decided to institute views. If there is no special reason, schools generally respected College views. So, no matter whether the establishment of school level, establish the professor committee system in law school at this level, should be practical and realistic.

The academic issue resolves that the professor committee, or by the relevant special committee through, then the professor committee confirmed. The president may submit to the Committee for programme, Professor, tried to persuade the professor committee. Once the formation of resolution, Dean for execution or implementation. In this way, not only will the Dean Professor of liberation, the subject status was prominent, truly reflects the democratic participation and academic autonomy.

Because the law school day-to-day management of affairs a lot, not all matters by Prof.Committee memberWill decide. Therefore, must establish the Special Committee on the professor committee for discussion and decision method of some of the more important, and there is no need to submit the professor will decide matters. The professor committee may authorize the special committee to discuss some problems, may also request the special committee to make the decision, and finally by the professor committee. For example, assessed the title can be authorized Title Assessment Committee, discipline development and the construction of academic moral authority academic committee, degree of degree authorization committee responsible for the teaching, Teaching Committee, appointing personnel responsible for the Personnel Committee, responsible for the financial supervision by the finance committee, international cooperation and exchanges in charge of foreign affairs committee. These special committees also need to clarify responsibilities, standardize the internal procedures, improve the rules of procedure, a real democratic participation law school governance.

Of course, even set up a committee of professors and various special committees, the status and importance, it can still.[]As the head of the executive, theory is an executive organ, play a decisive role in the parliament or Congress, must go through the examination and approval policy scheme. However, the excellent executive can put forward the policy scheme is feasible, and can persuade the examination and approval authority for approval of the scheme. Similarly, the dean of the law school has the responsibility for the scheme, the professor committee and the special committees for approval. Without this mechanism, the professor committee will fall into the complex administrative affairs, possibly because of the absence of scheme leads hung. From this point of view, the separation of administrative and academic school of law is relative, the dean of the law school actually plays the role of academic activities of the organizers.

Four, building a diversified mode of legal personnel training

Pattern should not make it rigidly uniform legal talents cultivating Chinese, but should diversify. The beginning of this century, Chinese legal education and secondary school and college level. University students, secondary school and college education gradually shrink or even quit, but the legal system of various occupation training, still can play a supplementary role unique. In fact, the law of talent demand is diverse. The demand for legal professionals, it needs not only the high court judge, also need the grass-roots court and court judge; both need to judge, also need the clerk, executive, the bailiff. Therefore, the legal education should also have a definite object in view, training all kinds of talents, in order to meet the needs of society, not too much emphasis on a single form, but denied the other form of value.

At the university level education at present, the enrollment significantly diversified characteristics, we must be clear about the characteristics, each type of teach students in accordance with their aptitude, the cultivation of qualified personnel. And like many university in Europe[11]Chinese university law students, enrolled in the undergraduate stage, four years of schooling, awarded the bachelor degree of law. In addition to the provisions of the Ministry of education main basic course, other all belong to the elective course, for students in the provision of credit. No doubt, an elective course for students of the very important effect. Elective courses for more advanced, more closely follow the development of the law, to show their vision is more open, free space for the development of students is larger. Different schools often according to their ability and traditional, elective course of law, which is in fact provide multiple opportunities for students and platform.

Overall, we think, undergraduate education goal is clear, namely, to strengthen basic education, training of general talents. However, to master the stage goal, but increasingly blurred. At present, distinguish not only master of law and master of law, in the master of laws, master of laws (also listed separately by law). These postgraduates how much of a difference? Diversity training is good, however, students of different types of clear, this should be the minimum requirement. Originally, master of law focus on academic research, master of law focuses on the practical application, the threshold is relatively clear. However, as the master of enrollment, the vast majority of students after graduation can only be engaged in legal affairs. Study of two types of living therefore gradually confusion in the training objectives, curriculum, teaching content.

Originally, LLM students did not limit, any bachelor who can enter oneself for an examination. Master of law only non legal professional examinee can enter oneself for an examination. It is constituted of at least two differences in form, but also provides a reason to distinguish between theory and practice type. But,2009Years later, master of law began to enroll undergraduate, master of law which is called law direction. So, master of master of law and legal boundaries is thoroughly confused, brings a lot of problems for the positioning of personnel training.

How to solve this problem? We think, should continue to adhere to the original standard, strengthening law master hand of academic and research, on the other hand to promote the master of laws to develop practice. In order to achieve this goal, master of law can learn foreignLLMTraining mode, reduce the scale of enrollment, improve the academic level, training, high level of graduate to provide source. Or, the master of law set to doctor the preparatory course, can even be considered a master of law with Dr. hook, promote Shuoboliandu in conditional school.[12]As for the master of laws, must consider the reform in the curriculum system, teaching content and teaching method, which is similar to the AmericaJDEducation mode.[13]As for the undergraduate professional background, it seems should not continue to be considered.

For the master of law education, training mode in some law school in the implementation of the professional direction. For example, many years ago, Peking University School of law into the real estate law, financial law, tax law, intellectual property law, international commercial law in the master of laws in some direction. In the three years of study, students not only learning, but also in the selected direction, increase2-3The professional course, at the same time, an article in the direction of the master's thesis. Practice has proved, has a positive meaning is divided into professional direction, graduates is favored society in the job.

Economic management discipline spirit of innovation should be worthy of academic learning. Economic management professional master's degree diversified characteristics, to2010Years12At the end of the month, has set up a master of business administration, master of accounting, tax, finance, master master master of asset evaluation etc.10A professional master. Students of different types, with the demand of talents in specific social.

    At present, the professional degree in law only a master of laws. Relatively speaking, law circles steps towards a slower, less. In this regard, should be combined with the social needs of the professional, timely increase or refine the legal aspects of the master's degree. If you want to train more legal professionals, considering from the long-term development, the legal field Master should also be diversified, according to social need to set up a tax law, financial law master, master in intellectual property law, medical law and a master of environmental and resources law master.[14]As for the comprehensive legal master single, if society still needs to retain.

Along the direction of thinking to the administrative, legal personnel training goal can be diversified. If law schools more autonomy, can according to the needs of society, independent set professional training objectives, and through the curriculum, teaching reform, social practice mode to realize in other disciplines, and competitive academic resources in the process, the law school will first drew blood, make the advantage position. After the implementation of the autonomy of running a school, although legal talent will go through the survival of the fittest, but, after the market and social choice, leave must be in all aspects of the industry elite. It is of great benefit to no harm to carry out the strategy of rule of law.

Five, accelerate the development of new legal subject

The law in the process of long-term development, and adapt to the social relationship, and gradually formed a constitutional law, administrative law, criminal law, civil law, procedural law and other traditional disciplines. For a long time, the law school discipline construction also followed the same pattern, regardless of whether they are professional settings, or the master or doctoral layout, basically all is by the law two is subject to.

The traditional law of two grade division of subjects, and social relations are not very complex. For example, the civil law to adjust the property relations between equal entities and personal relationship, criminal law, the penalty crime relationship between administrative law, government and enterprises, social organizations and personal relationship between the administration. Generally speaking, the people in the life of the problem basically can be placed in a legal department, too complex and not classification doesn't happen.

However, with the social relationship is becoming more and more complex, the emerging discipline of law began to emerge. They are to regulate the object is marked, fusion of the traditional rules of law, it is difficult to simply placed in the traditional two subjects, for example, environmental law, taxation law, financial law, sports law, intellectual property law. In finance and tax law as an example, which relates to the economic law, civil and commercial law, procedure law, criminal law, administrative law, and the international law, reflects the comprehensive obvious.

The new law has strong vitality, is the lawA new growth point of discipline,They break through the traditional mode of legal subject classification, followed by the development of market economy and modern society. Therefore, we must make a balance and to choose between conservative and innovative development, the subject of law and should change the mode of economic growth and the state synchronization. At present, China's legal subject system is in transition, it become a master of law and doctor of law school direction. The state has an academic degree granting University, can freely set the two master or doctoral discipline. This opens a convenient ways for the innovation of legal subject.

In intellectual property law as an example, it can only be in the traditional civil law, civil law and commercial law in accordance with the two level subject recruitment and admissions. In fact, there is the relationship between it and the civil and commercial law, administrative law, criminal law, international law. If under the law as a first level discipline, the establishment of intellectual property law Master or doctoral disciplines two, will be able to better promote the development of intellectual property law subject. The cultivation of talents, to adapt to the development of knowledge economy, has a very important significance.[15]In this mode, the emerging discipline of law have greater room for development, can obtain more academic resources and education resources in the community, to win a space for one person in disciplinary system of law.

In recent years, China University of Political Science and Law, Tsinghua University, Wuhan University, Renmin University of China and other colleges and universities have been walking in the national forefront science innovation[16]. For example, based on the traditional law science, China University of Political Science and Law created the comparative law, intellectual property law, evidence law, human rights law, law and economics, military doctor of law, Tsinghua University created the commercial law ,The comparison method and the French chemical, intellectual property law, health lawPhD, Wuhan University created a sports doctor of law, Renmin University of China createdIntellectual property lawDr., obtain a lot of academic resources and education resources from the society. We thought, stick to the traditional classification of law, the foundation of legal research and education, is still very necessary. However, the classification, development of new disciplines, is also a modern market economy and the demand of the social development.

In accordance with the law a level subject recruitment and admissions, free to set the two subjects, this is one of the reform of legal education. At present this qualification are more and more university. In our view, under the existing policy scope, we should make full use of this academic resources and educational resources, strive for maximum autonomy, should is the best choice for the law school. Otherwise, lose a practical significance and value of the legal subject enrollment, may waste contained in social valuable academic resources and educational resources, and even affect the development of education in the process Chinese law.

Six, develop the law education in international perspective

In the era of globalization, the transnational flow of economic elements of the internationalizing the legal research and the legal education. We have to be aware of, this is an irreversible trend. International law education helps to broaden our horizons, as soon as possible to narrow the gap Chinese with western countries, contributes to the cultivation of high-quality talents to meet the needs of China law, open to the outside world, so it is worth to advocate.

At present, Chinese laws and legal concept, system and mode of thinking are basically originated from the west. After the establishment of new Chinese, the former Soviet Union Law has played a period. But since the reform and open, although we also advocate the Chinese characteristics, adhere to the requirements of Marx's idea of law, however, in the design of specific rules and system, in the legal concepts and thinking, in the legal research method, China and European countries have growing convergence. After all, since they follow the market economy, we must face the same problem, solve the same problem.

Based on the above premise, we are not difficult to understand, why should advocate China internationalization of legal education. International law education is not to give up our educational sovereignty, but rather to strengthen and foreign university law school, learning the advanced developed countries legal education experience, for example, foreign law school efficient governance mechanism, with a reasonable course structure, high level teachers, students' difference localization, rich and colorful student associations, etc.. Through a variety of international measures, can open China law education, expand thinking, promote China law education opening to the outside world.

In order to promote the internationalization of legal education, in the concrete practice, from easy to difficult, can consider to include: first, inviting foreign law professors to Chinese teaching, encourage students to study abroad or funding China; second, establish the law school dean of Chinese and foreign social system, regular exchange of general rules of law education, sharing method School of transaction management experience; third, autonomy gradually open enrolment and training, the introduction of Sino foreign joint school, realize the diversification law education pattern;[17]Fourth, the implementation of higher education to the administrative policy, promoting the reform of law school governance mechanism, in accordance with the separation of academic and administrative requirements, achieve academic autonomy.

At present, Chinese higher education is experiencing a new round of reform. Sino foreign joint education, United Graduate, joint research projects, and gradually introduced in some university. Master of law (ChineseJ.M.In America) system is a Juris Doctor (J.D.) on the basis of the system and reference and imitation. At the same time, in many law schools, also tried to recruit foreign students, after learning Chinese law and international law, studies, awarded the China master's or doctorate degrees in law. Visible, the international Chinese legal education has already started. Therefore, we should learn foreign experience to summarize the law education, legal education China of gains and losses, let foreign university learning China law education experience, thereby enhancing the proud China legal education of national self-confidence and national sense.

Chinese law education market is very big, can provide stable and abundant source for Foreign University School of law, can also provide a lot of cooperative education opportunities. Connect the reason why so many foreign university law school and is willing to Chinese university law school, so many foreign well-known professor of law Chinese to visit, so many China law students can smoothly to study abroad, because of the trend of the times that. If we can effectively use these resources, a new situation will create international China legal education win-win or win-win.

 

    In a word, the reform of law education Chinese is a very big topic. Put forward some opinions and suggestions on the training mode innovation of governance mechanism and law talents mainly by school, not with the overall higher education reform strategy, so the conclusion is lost in the one-sided. However, we believe, any reforms require local experiment. Reform is not only pushed from bottom up, more should be reflected in every detail, from small and large. Therefore, the trend is fully aware of the higher education administration, to give play to the subjective initiative in the current scope of policy, join in the reform of legal education in a more positive and open attitude, every one of us is the historical mission of law education workers.



[1] This paper discusses the law school is a special kind of politics and Law University Law School and national key comprehensive university based on the function and role model in China in legal education.

[]Status quo of Chinese law of higher education, please see the "Su Li: challenges and opportunities" in contemporary legal education China, load "law"2006No.2Period, the3-21Page.

 

[] According to the China law "annual report of the construction of rule of law (Chinese2009"The disclosure of information),2009Years, law professional school, the hospital, the Department has developed to630Many of the. Among them, with law Master's degree granting institutions of higher learning and scientific research institutions333A, with the master of law degree granting115A, a doctor of law degree granting35A (which has a doctoral degree granting11A), a11A law postdoctoral.2009Years in school undergraduate law students more than40Million people. Xinhuanet.com:Http://news.xinhuanet.com/legal/2010-06/21/c_12241521.htm,2010Years9Month4DayVisit.

[] See also: "Sun Ping" to the administration of the University "proposition" carrier "reflection, education and examination"2010No.5Period, the69-71Page.

[5] University Professor Committee is an organization, participation in school management, the mode of the university internal management of administrative power and academic power separation, the academic autonomy.2000Years5Northeast Normal University took the lead in the introduction of foreign professor committee system, thereafter, some colleges and universities have begun to implement the system. But, the basic orientation of the professor committee is not clear in the Chinese, have not been able to play its institutional advantage, this is also the reform of law education China especially focused on the reform of the Law School of governance mechanism. See Zhang Junhui: "comparison" type and function of Chinese and foreign university professor committee, contained "foreign education research"2006No.4Period, the53-55Page.

[] Xinhuanet.com:Http://news.xinhuanet.com/edu/2010-07/29/c_12389320.htm,2010Years10Month4DayVisit.

[] See Ma Luting: "the internal governance structure" construction in modern university system, load "Beijing education and Education Edition"2009No.6Period, the7-9Page.

[]Under the condition of market economy, university leaders like an occupation managers, one of its duties, or the main responsibilities, is to raise more funds for the units, to improve the teaching and scientific research conditions, this point in the European and American College is the general consensus. Therefore, Europe and the United States University Leaders "unspoken rule is not necessarily choose the academic achievement, but must choose the most capable". This idea can do reference for selecting the dean of the law school? See Hu Jiaxiang: "comparison and Enlightenment of the world first-class University School of law",Carrier "Hebei law"2007No.8Period, the18Page.

[] There are three main kinds of positioning foreign about Professor Committee: one is the school management to the professor committee as the center, the professor committee is an important center of power in school, academic management and participate in the election, the British Classical University and Nihon University as a representative; another is the professor committee is considered, consulting institutions to participate in academic management, school management still with the principal as the center, is the typical representative of France and Germany; third is the Professor Committee on behalf of the academic power and the administrative power on behalf of the checks and balances, president in charge of administrative affairs, academic affairs committee chaired by professor. The professor committee is mainly located in the college level, to USA represented. The professor committee system, mainly referring to American mode. See Yao Jianying: "our country University Professor Committee present situation analysis and the practice of" carrier ", modern education science"2007No.2Period, the121Page.

[] As in the American, law school founded various affairs committee, such as job committee, the Admissions Committee, the curriculum committee, each committee have some degree of autonomy, but in the end, the Commission on dean. See also: "Guo Zhiyuan research" legal education American School of law, Anhui University Law Review ""2009No.2Series, No.102Page, the102Page.

[11] In the countries of continental Europe's University, pay more attention to the basic theory of law study, general education is completed in the stage of education bachelor's degree of the law, especially in Germany, Italy, switzerland. See Liang Jinming: "approach on the reform of higher education of law in China -- on the reform of the local undergraduate education", "education reform and exploration of carrying" Law Law Press2010Year edition, No.8-10Page.

[12] See Hu Jiaxiang: "master of law on the legal master's specialization-A discussion of the cultivation pattern of "professional research of our law students, carrying" graduate education "2008No.3Period, the53-55Page.

[13]Master of law is1996The year began formal enrollment in universities, imitation AmericaJDA model of professional education practice. See Wang Jian: "ChineseJD--Comment on"A master's degree in law education""Carrier", "comparative study1996No.2Period, the168,175-180Page.

[14] In this regard, master research in Europe and the United States professional setting and the unique education mode and system for reference, for example, some university in America, law Master degree education is by the law school and business school shared, a master's degree in environmental law education is created by the College of environmental science and Co. See Shi Zhengwen: "set" of tax law and education master degree, load "law and social development" (Bimonthly)2005No.2Period, the127Page.

[15] See also: "Chen Meizhang thought" the intellectual property right education and personnel training China, load "intellectual property"2006No.1Period, the9-10Page.

[16] In the2005-2007Years, Peking University is the first in China to set up a commercial law, intellectual property law, taxation law master.

[17] See Fu Zitang editor: "contemporary Chinese transition of legal education development road", Law Press2010Year edition, No.182-183Page.