我国法学教育与判例法的务实精神

法学教育是构建法治社会的基础环节,选择法学教育模式需要树立一种教育理念,在理念指引下思考在本土的法律体系框架内使用相应的教育模式。法学主要是一门应用学科,法学教育更要体现其学科的务实性,即与社会的密切联系。目前我国大陆法学教育现状最需要的就是如何缩短学校教育和社会实践的差距,尤其是本科的法学教育。而英美法系判例法的务实精神可以作为改革高校法学教育实践的方向性指导。

On the Chinese Legal Education and the Practical Spirit of Case Law

Legal education is the basis for the establishment of a society ruled by law. An educational idea should be adopted in the selection of the corresponding mode of legal education within the native legal framework. As law is mainly an applied subject, its education should put practicality into consideration and combine with the reality of society. At present, as far as the status quo of the education of continental law in China is concerned, the top priority is to shorten the gap between college education and social practice, especially for the legal education of undergraduate students. And the practical spirit of case law of Anglo-American law system can be taken as the guiding principle for the reform of legal education practice.