Top law school teaching and Curriculum

One, the legal occupation oriented USA Law School

During my time in the American Law Academy (2005.8-2006.9), feel the biggest difference with the domestic education of law school, is that "the legal occupation education as the key link". This America law school from historical origin, institutional development, reputation ranking, social donation until the teaching scheme and the cultivation of students' ability and other aspects, are able to see.

1819 century America just get rid of colonial era, legal education is realized through the old "apprenticeship" mode. Young "assistant" gradually accumulate experience, finally passed the bar exam (in some states don't even have to test), can be sworn in as the official lawyer. Later, in the famous Litchfield school as the representative, the law school has America everywhere, through lectures and later advocated by Randall in Harvard Law School, the case method of teaching (case method), to train lawyers, make it become standard manufactured goods legal occupation education on the assembly line.

According to statistics, currently there are more than 200 law school, of which 184 are the American Lawyers Association American Bar Association (ABA) recognition. All ABA accredited school will enroll about 30000, more than 6000 full-time law students and close to seven thousand of the readings of law students, can participate in American state bar exam. More than 80% of them are to lawyers for the direction of the main jobs, about 10% of graduates into the judicial system or for other public. Therefore, in the external ABA this "legal work on behalf of" under the guidance of the law school for a year, USA create tens of thousands of lawyers (number more than the sum USA lawyers, all other parts of the globe lawyer has exceeded 1000000), forming a "production, supply, sell one-stop" law occupation education road.

Since the culture of "future lawyers talent" as the educational goal, American each law school curriculum plan is the direction of design. In the college, I visited Columbia University law at Yale Law School, Harvard Law School, Chicago School of law, New York University law school, the curriculum can be said to be the same (of course, some public law school may be the requirements of low).

In the ordinary legal professional degree (J.D, often translated as "domestic law", in fact is equivalent to our country legal undergraduate) for example: (1) the first year of study basic course of law, including the constitution, contract, tort, property, agency, civil liability, criminal law, civil procedure law and the law reasoning and judicial documents etc.. Objectively speaking, the three years of undergraduate law course in the first year is the most difficult. Class time is not a lot of (brother school five days a week for about twenty hours), but each one class, students have to spend three or four hours or overnight time to make preparations before class (including reading notes, case retrieval, case point of contention for issue, try to answer the layout problem etc.). And the approach of the final exam, then we must redouble our efforts. (3) second years, students courses gradually deflection and financial activities related to the basic law, such as law, company law, intellectual property law, WTO. At the same time also fix basic subjects read some public law, such as the constitution, human rights, administrative law, evidence law and tax law. (3) third years of course most of all kinds of elective courses, courses, including legal and Social Sciences, law and economics, law and globalization, mergers and acquisitions, negotiation theory etc.. Due to the different categories of students elective course can cross, therefore like Harvard, big brother schools providing100Courses for students to choose from. (4) LLM and JD students first goal after graduation is to participate in the examination for the qualification as a lawyer, and then find the high salary welfare good jobs.

Thus in law education in the University of our country, although the curriculum also many, credit requirements is not easy, but with the legal practice very disjointed, traditionally we always emphasis on the theory of teaching and professional textbooks based "eight law" education, case teaching and law practice arrangement rarely, resulting in four law students undergraduate education and two to three years for master of education often don't know three organs of the division, even difficult to write a perfect civil complaints. Even if is to train senior law talents for the purpose of the master of laws in the judicial department to the implementation of the (J. M), but also because of a congenital defect or reason, practical and difficult to competent legal market. Good thing with "Gaofendineng" of those calls, is detrimental to the nickname "legal person".

[note] the RUC law school has paid attention to these problems, not only increase the number of legal practice curriculum arrangement for all the students, but also through the school summer social practice, practice, usually visit the moot court and the formation of legal society, to provide free legal aid mode to strengthen students' practical ability. Also worth mentioning is, RUC law school also specially to undergraduate and graduate students "methodology" (methodology of civil law, criminal law, administrative law methodology methodology) series of courses, "case" (Civil and commercial cases, economic cases, criminal cases) Course Series), has made the very good results.

 

Of course, American law school also have specialized training of academic talent program, S.J.D program, translates as "doctor of law.". This accounts for about 2% of all students in the proportion in the year, after all, does not need so many scholars and theorists, and most of the students chose for law firms, investment banks and commercial institutions position, even though some people love the academic, also can go to American Supreme Court or state court, to those who are educated, high judges experience seniority Ju Feng's secretary, accumulated a lot of practical experience and return to the campus to teach, not too many people will just graduated the faculty or engaged in theoretical research.

The nation's 200 law school each in reputation, financial and social influence and other aspects of the difference is very big, its staff and students' quality is also a far cry, cannot be mentioned in the same breath. But non-profit institutions for evaluation, the basic standard or "occupation" oriented. Not only the law school students during the teaching, scientific research and social activities most around the legal occupation education goal, and each law school prestige rankings and donations are also with the employment rate of graduates inaugural, firm level and alumni donations gold amount as the main reference index. As everyone knows, the Yale Law School, Harvard Law School, Standford School of law, Columbia law and Chicago law school have come out in front in the years of "USA Law School Rankings", the fundamental reason is that their one-time employment rate of graduates can reach 85% above, and most of them are in the Wall Street investment bank, a famous law firm or large corporate legal affairs, base salary can reach more than $100000 plus a certain amount of bonus, if lucky, and investment opportunities and options. So, why are so many people on the USA famous law school degree (including J.D and L.L.M) itch for a try, would not hesitate to spend money to attend (one for foreigners to learn America method and can be engaged in America lawyers working set for a period of nine months can get a L.L.M degree, total spent 3 to about $50000 tuition and living expenses). Smart young people after a input-output calculation, of course, willing to invest the life.

America law school education is the occupation oriented, market regulation and the "legal person" s life planning; our past law school is the political (planned) orientation, national deployment. Which is better, Different people, different views. Looking ahead, our legal education, how to reform? What law school can contribute to the society? This is a problem to be solved.

 

Two, USA law teaching mode

USA law school teaching a variety of ways, both teaching course theory, and practice of the course, discusses various other forms of will, seminar and lecture is more be too numerous to enumerate. In particular, so many courses, almost all is for the students, not to impose compulsory phase (but the law education in China in primary school, since it opened in English and politics course is a required course).

Lecture, can be literally translated as "lecture", which is usually the teacher teach knowledge above, students take notes below, or have questions, doubts link teacher-student interaction teaching method. Both Chinese and foreign, it's all about basic theory of the only options lesson or course. But because the subject relative neglect of students in teaching, has "the abuse I hear you speaking, I hit you on", so this kind of teaching mode in the China is often referred to as "cramming method of teaching", become the object of the scholars of criticism and teaching reform. Nevertheless, America Lecture is different from Chinese, is still more emphasize the importance of interactive learning between teachers and students, and how much the number of independent and lectures.

Another class is Seminar, which can be translated as (small) seminar. It is said that this kind of teaching way originated in Germany, it breaks the "spoon feeding education cramming", and strive to develop students' learning initiative and enthusiasm. In the classroom, teachers and students from the educators and the educated in the model, and then evolved into a relationship partner. It emphasizes the student led based on maximum play initiative, every students to preview before class (reference reading through teacher reservation articles and selected on the basis of case), speak one's mind freely in class, the personal views. The teacher often play a guide, ideas change the questioner and key roles. More often, teacher identity is completely fade completely into classroom discussion. The leading role of the teacher in the teaching way of actually increase, because he needs in the classroom before the class, arrangements can best illustrate the case and reference the question for everybody to read, and to every Seminar will discuss what problems, in-depth analysis by e-mail sent to you early preparations from several angles. Therefore, if the single from the tired degree, Seminar teachers to pay attention rather than the general Lecture class more than twice as large as.

Workshop, also called special academic report. The relative emphasis on "special" and "academic". The general is invited from the college or school to a legal field or topic of scholars, the latest research report, and take the students and teachers to discuss the same research field.

Clinic (clinical) teaching mode, allegedly in the American School of law implementation has 30 years of history. It is to cultivate all kinds of skills students of substantive legal issues as the main contents, the classroom is assumed to be a legal "clinic", the teacher's task is to guide and train the students to make the "diagnosis" of a legal Difficult miscellaneous diseases, and to propose a solution to the problem -- A "prescription", so as to exercise a "legal practice talent skill". At present the main Clinic teaching content is the public interest litigation (Public Interest Law Initiative, referred to as PILI), its scope includes the poor, women, children, disabled people to provide legal aid infringement, litigation, environmental issues and immigration cases, fair housing action etc.. Specific approach is the law school grade one or two student volunteers to conduct Clinic training, targeted to teach every kind of practice case, may meet, available legal measures and so on, and ultimately to train a batch can be carried out in the short or medium term public interest litigation in one area of legal workers as the goal.

In general, especially American law education emphasizes the occupation and practicality (USA no undergraduate law, law school is an occupation education college, Professional School). All aspects of the law of teaching, including teaching mode, curriculum design, examination and graduation requirements are centering on the fundamental purpose of practical student employment and legal for the design and operation of the. The teacher to teach students from the cases summarized the principles of law, help the students to read and understand all the materials related to the specific problems, together with the analysis and evaluation of a bill and the advantages and disadvantages of judicial adjudication. Few of them from book to book, from concept to concept more rigid dogma, combined with the theory of case against empty legal education thought. No wonder the USA education, especially the education of law under the background of globalization, has been the dominant position.

 

Three, the British elite law courses

LLM: a one-year taught LLM course type.

The scope of the curriculum is very wide, international commercial law, maritime law, criminology, criminal justice, law, police science, public order is the more popular courses, some schools also provided such as petroleum law, international sports law, international human rights law, international trade law, information technology, electronic commerce law, media the management of intellectual property law, computer communication and health risk management course is very popular with the students. Communicate the school often organize the students to visit the famous British lawyers, courts and other important institutions and. After the students earned a law degree in Britain, also need to occupation course in domestic, as business practice (typically one year), to become a practicing lawyer. Are very popular. like Oxford, Cambridge and the University of London and other schools to provide legal professional curriculum English is the most complete comprehensive, providing 150 courses for students.

 

Four, correct Japanese law school

I in 2007 November as a senior visiting scholar at Hitotsubashi University Law School

Hitotsubashi University law school undergraduate:

One or two year compulsory jurisprudence, constitutional law, civil law and other basic subjects; three or four grade elective commercial law, contract law, company law, legislative law etc..

Master (Master): the professional elective courses, and China similar situation

Doctor: no specific courses, but requires the professor every two Monday times to the same section of the report

Characteristic:

Japanese law school -- most of them set up a foreign law professorship several, from other countries (including Britain, continental Europe, even Chinese, India and other countries have respectively), time (half a year, and even lifelong) teaching, this reflects the Japanese legal education international education is relatively strong, we learn.

Dr. stage -- every two Monday times all professors to the Department's report. Forcing students to carefully prepare, improve the academic level

 

Four, the NPC Law school:

Undergraduate course.

The first grade: Chinese constitution, jurisprudence, law school lectures; public class (English, mathematics, computer, political, wool, military theory)

The second grade: general provisions of criminal law, civil law, legal history, western history and other professional courses, copyright law, tax law, law of Chinese foreign equity joint ventures and other elective; public school classes (English, political)

The third grade: evidence of economic law, science, criminal, civil, marriage and inheritance method; analysis of maritime law, law, civil and criminal cases;

The fourth grade: few classes allows students to continue, but of course, make-up, frontiers, graduation practice.

Master of law (two years, for undergraduate students, focus on the education of law majors)

Master of law (three years, undergraduate, other discipline focuses on the legal practice of Education)

Doctor of law (three years, focusing on the law of the high-end professional education and Research)

100 the teacher's law school, curriculum for undergraduate, master of law, master of law, doctor of law, master of law, two degree courses, teacher training, senior judge class number up to 200-300%.

 

Five, my views and recommendations

First, the establishment of professional practice oriented curriculum group mechanism

In the law school courses, especially the legal master main practice oriented curriculum, offering three courses, namely judicial justice, government law, commercial law, by the students according to the professional interest and future work orientation on their own course.

The course structure of each group is divided into public courses, direction of compulsory course and elective course (including recommended elective and optional courses in the three class).

The three set of public courses include several common used, most of the basic course of traditional law, such as the project of jurisprudence, constitutional law, legal history, special special civil law subject, international law and other topics;

The direction of the elective courses: (1) the direction of judicial justice, optional criminal procedure law, civil procedure law, justice etc.; (2) the government legal direction, optional administrative law, administrative procedure law, tax law, legislation law; (3) and commercial law, company law, optional financial law, guarantee law, property law, labor law.

 

Second,The main battlefield of law education facing the market economy and legal occupation practice, case teaching methodology, increase the proportion of the teaching, set up the "problem solution" teaching ideas, to strengthen the "teaching of national unified judicial examination weight"

-- the legal people to practice, to use the. The current curriculum reform has been very productive (such as "method" class and "case" class), but also need to be further improved.

The teacher -- with, should be the appropriate number of senior specialists hired as visiting professor;Recruit senior legal practice in the regular school classes (such as specialized law practice, or specific law electives);

-- strengthening before graduation practice teaching and curriculum evaluation, coordination held relatively fixed by the employer to the school recruitment.

-- there is a certain amount of practice base and Research (such as the National People's Congress, court, procuratorate, lawyers, legal services, prison, etc.);

Strengthen the construction of simulated court, -- law, legal community and its publications, web site

-- strengthening the "national examination" judicial weights in the doctor of law, master of law, master of law and master of law education in teaching, teachers are encouraged to combine legal practice teaching

 

Third, to establish a permanent mechanism for visiting professors, postdoctoral scholars abroad and off campus access, participation in scientific research and teaching

-- strengthen and accelerate the construction of internationalization,The famous scholars from abroad, the appointment of foreign universities and research institutes as a visiting professor to teach or access the speech(the two should be improved in procedures, funds)

--Actively attract donations to build professors alumni or state and social organizations, sometimes one is more important than a group of people (such as Dworkin of New York University, Unger and Kennedy criticism of the law in Harvard University);

-- long-term foreign visiting scholars quantity are few, short communication co.;

-- postdoctoral management than other schools need to be improved (advance audit strictly, toll station on the matter, allow part-time Bo is not from the original unit "nominal Bo", scientific research efficiency greatly, but also make the school back bad reputation).

 

Fourth, to encourage inter professional elective courses, cross department settings, credit accumulation, cultivating interdisciplinary talent

(1) in the course, increase the intellectual property law, tax law, financial law and new interdisciplinary optional course;

(2) encourage the different college professors offer interdisciplinary courses, such as law and economics, corporate mergers and acquisitions and corporate law, finance and taxation of financial law, credits can be accumulated.

 

Fifth, take effective measures, improve the academic level of undergraduates and postgraduates.

-- Dr. master every 2-3 Monday time to guide teachers or the Department of Teacher Research Report or case investigation report, forcing students to carefully prepare, improve the academic level

-- Professor Sharon, biweekly seminar, student organizations, student academic periodicals of standing, quality

 

Sixth, persist in the postgraduate curriculum "Frontiers of legal courses," the two discipline "advanced class".

Seventh, facing the future, as soon as possible or the opening of the state and society will be more and more important new professional courses and seminars, such as the human rights law, public interest litigation, non litigation dispute resolution mechanism, law and social investigation, environmental protection, comprehensive utilization of resources law courses can be set individually.

 

 

※ von note: the above is mainly about the improvement of legal education, in fact, other departments can also be a reference.