One, America legal education mode

American legal education also known as the university legal education, legal education is to put in the University of professional education, second degree equivalent to China's. Students must have a non legal professional first degree before going to law school, learning through three years in the school of law, after the completion of their studies, can obtain J.D. degree (some scholars believe that can be translated as "doctor", also some scholars think that the translation? Quot; second degrees in law "or" legal professional degree "accurate). This is USA legal education USA Bar Association and USA law school association management, which is mainly American bar association. It provides a variety of law school, because it is legal workers guild, law school is to provide the "products" for its. Therefore, it has the management right, the general law school to get it approved.

J.D. education, from the view of the training target, training is the main law; from the education property, is the occupation education of lawyers; from the education level, is the university education, the equivalent of graduate education; from the education method, is mainly the case teaching method; and the content of education and very practical, mainly to teach students the most basic legal knowledge, legal theory and legal skills, cultivate legal occupation mode of thinking, analysis, judgment, problem-solving skills, to students to think like a lawyer, to teach students to find legal information, documents, the ability to improve the use of legal resources. So the author thinks that this is the occupation education. Of course, American law school teachers are first-class, and outstanding university graduates a year to apply for admission, therefore, law school admission standards are very high. But when the students to obtain the J.D. degree, its social status is also very high, often America society members, there are many is J.D. educated talents.

Two, the Japanese model of legal education

From the historical tradition and form, Japan belongs to the continental law system, and the main Japanese legal education is the law undergraduate education after high school, four years of schooling, students learn, first 1.5 to 2 years of human, social, natural sciences and foreign languages the public elementary knowledge, then 2 or 2.5 years the time to focus on learning the law, and the law is divided into legal and political class two; after entering law school, emphasize the students to master the general knowledge, pay attention to the basic theory of learning, the goal is to train generalists, not only to train students in the future to the judges, prosecutors, lawyers and other legal occupation, and cultivate students' future competent government officials or employees work. The level of schooling belongs to undergraduate education after high school, subject education belongs to science education, humanistic education, professional education as one of the basic principles, the core of education is to make the students understand the legal, practical and less involved in the law. Students after graduation, as long as the choice of legal occupation, still must pass strict judicial examination, legal occupation training and unified acceptance of 2 years of practice, select the form similar to the legal occupation personage in China, but the judicial examination system in Japan in recent years after the reform, more standardized, one of the target of the reform is to establish USA type college education institutions and judicial training system, training greatly and increase the number of judges, lawyers. However, the Japanese judicial examination after the reformation, has become Japan's most difficult exam, qualified rate resulted in the national average annual exam is only 2.5% of the total number of the exam.

Legal education three, Australia

Although Australia belongs to the common law countries, but the training mode of legal talent also has its own characteristics. The main legal education in Australia is a double degree with five years of education, and its goal of training is the occupation of lawyers. Found in the Australian study, law school (Department) students voluntarily choose to study double degree students accounted for more than 80% of the total number of law school undergraduate. According to Australian Law: the judge from the excellent lawyer in the selection, only a very small amount of judges from the law professor in the selection, the words, the Australian judges the basic quality and professional level depends on the quality and level of lawyers. Therefore, Australia attaches great importance to the legal education, the ability to focus on training students' innovation consciousness and independent of dealing with legal affairs, its guiding ideology is not only the knowledge, but to teach students how to acquire and use knowledge, pay attention to the cultivation of practice ability. Double degree is the so-called students after graduation in addition to obtain a law degree, another degree from the school according to the professional focus on the choice of grant. The double degree is 40 credits, including 24 credits of law legal compulsory courses, elective 8 second degree courses, 8 credits, basically is a class L credit. The dual degree system of education, the humanities, natural and science education and legal professional education, cultivate legal talents with compound knowledge ability structure. According to the "law" provisions of the Australian occupation act, law school graduates must be after 1 years of lawyer occupation training, to practice, coupled with the continuing education of lawyers, to form the discipline education, occupation training system of legal talent education and continuing education linked to integration with Australian characteristic, resulting in the system to ensure the overall quality of the contingent of judges and judicial justice.

Four, two points of Enlightenment

Through the above two degree education USA J.D. education, undergraduate education in Japan and Australia's introduction, we can see there are similarities between legal undergraduate education of law education in China and Japan, is still at the forefront of the reform. The trade effects of the development of economic globalization, WTO, have an opportunity and a challenge to deep legal services in China, forcing the law occupation education in our country have to consider the following issues:

The 1 economic globalization, can bring foreign legal service, and even increase in a geometric figure, will require our country legal workers serve to understand a foreign language, understand the foreign ways of thinking and customs; to understand the situation of our country, familiar with the legal work; to have a certain level of policy and the higher occupation moral. All these need further training from the legal education of the school.

2 information technology requirements, EDI (Electronic Data Interchange) rapid development, legal service workers require our country to master enough IT technology in legal education, but rarely involved in this kind of subject knowledge, will inevitably lead to the legal service workers have defects in the specific service, this should also be reflected in the law education.

Of course, I said, is only one-sided understanding of the developed countries and China's legal education, is only the tip of the iceberg. The developed countries of the legal education and their political, economic, cultural and social system is to adapt to, we can only learn from, can not be copied, moved not to. Behind closed doors is wrong, wholesale transplantation. Only the practical reform can go out the characteristics of the road.

Reprint "occupation technology education world" in 2003 fifth