2017 Law Undergraduate Thesis Sample 1
The Dilemma and Reform of Legal Education
1. The Development Current Situation of Legal Education in China
China’s Legal education has a long history. According to historical records, the earliest legal education in China originated in the Spring and Autumn Period. Modern legal education began in the late Qing Dynasty. In 1904, the Qing government established China's first specialized legal education institution? Zhili Law and Politics School. Since 1952? Judicial reform? Movement, elimination or merger of law departments originally established by universities, is this process known as? Teacher adjustment? . From where? Teacher adjustment? What happens next? Political and legal education? The task of the university law department is not to provide legal education in the traditional sense, but to train people who engage in political and legal theoretical work.
The abolition of legal education institutions and the absorption of a large number of people without legal education into the judicial system have resulted in the institutionalization of the separation of legal education and the legal profession. On the one hand, this institutionalization has caused legal education to be mainly limited to the self-improvement and self-development of the legal subject system within universities; on the other hand, the legal profession has failed to embark on the track of professional development and has tendencies of pan-politicization, administration and popularization. , this tendency still deeply affects the reform and development of legal education in our country.
After the reform and opening up, legal education began to recover. The 15th National Congress? Are you confident about the implementation? Rule the country according to law? Build a socialist country ruled by law? State governance has greatly promoted the development of legal education. In just 30 years, legal education has made great progress. When China resumed enrollment in 1977, there were only three law schools in China with more than 100 undergraduate students. In 2008, there were 651 schools across the country with 760,000 law students, including 80,000 master's students and 100 doctoral students, forming general higher education. However, we should see the deep-seated problems hidden behind the prosperity and development of Chinese legal education.
2. The Dilemma of China’s Legal Education
(1) Legal Education from a Social Perspective
The development of China’s legal education reflects the social conditions of a certain historical period , the separation of the legal profession and legal education is a product of the legal revolution in the 1950s. Today, it has become an unshakable institution. Against this background, China's legal education has the following problems:
1. The diversification and stratification of legal talent training has caused chaos in national education management and a huge waste of educational resources.
At that time, a large number of farmers, workers, and demobilized soldiers entered the judicial organs after simple training. The large-scale on-the-job education for them gave rise to the diversification and stratification of the legal education talent training model, which continues to this day. At present, my country's legal education includes technical secondary school, junior college, undergraduate, double degree and postgraduate education. From the perspective of education channels, there are formal legal education in ordinary universities, as well as informal legal education such as legal correspondence courses, TV universities, and night universities; from the perspective of enrollment categories of legal education, my country's undergraduate law education includes public students, self-financing students and entrusted students. Law graduate education is also divided into planned enrollment and unplanned enrollment. These lead to different training objectives and talent standards for legal education, and at the same time impact formal legal education and affect the quality of education.
2. Blindly expanding the enrollment scale has led to a decline in teaching quality and increased employment pressure for law graduates.
Driven by economic interests, various educational institutions blindly recruit students without teachers, books and other educational facilities, making it difficult to guarantee the quality of legal talent training. Current law graduates commonly have problems such as weak legal foundation, poor practical ability, and low legal thinking ability. Such graduates cannot handle the increasingly complex and new social relationships in social development, and cannot adapt to the needs of the development of the times.
3. The judicial examination system has brought opportunities and challenges to my country’s legal education. Failure to handle it well will affect the development of my country’s education.
In China, not only are legal education and legal professional qualifications separated, but also the various professions in the legal profession are independent of each other.
In China, the bar qualification examination is the earliest entry requirement for lawyers. Beginning in the late 1980s, courts and procuratorates also began to conduct corresponding qualification examinations for first-time judges and prosecutors in the system. However, it is less difficult than the lawyer qualification examination. A large number of demobilized cadres or demobilized soldiers can directly become judges or prosecutors of the corresponding level without taking such examinations. In view of this, starting in 2002, the country implemented a unified judicial examination system as a condition for obtaining legal qualifications, which laid a solid foundation for the elitism and homogeneity of my country's legal profession. However, the current judicial examination system is not perfect, mainly reflected in the fact that the law major is not the only professional qualification for registration. This is not only different from the legal profession admission practice in developed countries with the rule of law in the West, but also does not conform to the common practices in other industries (such as medicine), making the elitization and homogenization of my country's legal profession facing challenges and uncertainties.
(2) Looking at the shortcomings of Chinese legal education from the perspective of the legal education system itself
The fundamental task of legal education is to cultivate talents, which involves two basic issues: the training objectives of legal education and How to cultivate, that is, what kind of talents and training model to cultivate. Western countries with developed rule of law set the training goal of legal education as training? Elite? Legal talents have reached a certain level in terms of comprehensive theoretical quality, practical professional skills, and professional ethics. Judging from the development of legal education in our country, the original talent training goals and models can no longer meet the needs of legal talents in a society governed by the rule of law, and there are many problems in legal education.
1. In terms of teaching content, our country’s curriculum is unreasonable. The courses offered are mainly based on the division of departmental legal subjects or the main laws promulgated by the country, focusing on teaching principles and provisions, ignoring the explanation of the value orientation and social concepts behind the principles and provisions; there are few courses to cultivate and train students' practical ability ; Neglecting students’ legal professional ethics education.
2. In terms of education methods, emphasis is placed on theory and light on practice. Teachers teach too much theoretical knowledge in class and use too few teaching methods such as classroom discussions, case analysis teaching, and heuristic education. This teaching method is difficult to mobilize students' enthusiasm for learning and is not conducive to the training and cultivation of students' legal thinking. At the same time, many schools have a serious shortage of teaching resources. They do not have advanced technical equipment, and hardware facilities such as multimedia, mock trials, and internship venues are not in place, which seriously affects the teaching effect.
3. In terms of teacher level, the source of teachers in our country is single. Most of the teachers are highly educated law school graduates with no practical experience in the legal profession. Such teachers' teaching can only be theoretical speculation and cannot cultivate students' legal professional skills. At the same time, the school attaches great importance to scientific research and ignores teaching. In order to evaluate professional titles, many teachers attach importance to academic research and neglect teaching, which is not conducive to the cultivation of high-quality legal talents.
Third, the reform of China’s legal education
Faced with so many problems, in what direction should China’s legal education reform develop, what kind of legal talents does China need, and how to solve China’s legal education reform? The problem of the separation of legal education and the legal profession, and how to cultivate legal talents that meet the needs of society, is before us.
(1) Update educational concepts and clarify the legal education and training model.
The training objectives of legal education talents must be based on social needs and adapt to the needs of social development. At present, China's market economy is highly developed, society has made all-round progress, and democracy and the rule of law have entered a new period of development; international economic, political, and cultural exchanges are becoming increasingly frequent, and various complex new social relations are constantly emerging. Society has put forward higher requirements for legal talents’ legal cognition, legal professional thinking and comprehensive ability to handle legal affairs. The training model of general education no longer adapts to society's demand for talents, and educational concepts must be updated with the goal of cultivating applied and compound legal talents. Improve the comprehensive quality of students, so that students can master profound legal professional knowledge and extensive scientific and humanistic knowledge; have rigorous legal logical thinking ability and excellent language expression ability; at the same time, focus on students' professional ethics education, professional skills training and innovation ability cultivation.
(2) Standardize the school level, optimize the educational structure, and improve the separation of legal education and the legal profession.
1. Cancel specialized legal education and informal legal education.
Currently, my country's legal talent training is divided into three categories: junior college, undergraduate and postgraduate education. From the perspective of legal education in various countries, the lowest level of law major is undergraduate, which is determined by the subject nature of law major. The starting point of legal education in our country is too low, which can easily lead to low quality of legal talents. Therefore, legal education should be abolished and a hierarchical legal education system focusing on undergraduate and postgraduate education should be established. The undergraduate stage focuses on cultivating practical talents engaged in judicial practice, and the postgraduate stage focuses on cultivating research-oriented talents.
2. Standardize legal education in non-ordinary universities and optimize the structure of legal education.
It should be clearly stipulated that ordinary colleges and universities are the only legal subjects of legal education. Judges’ colleges, prosecutors’ colleges, administrative colleges, political and legal management cadre colleges, public security colleges, judicial schools, training centers, and various broadcasts are prohibited. Non-ordinary colleges and universities such as TV University and Night University offer legal education, and the legal education in these schools should be positioned as legal vocational training education or continuing legal education.
3. Improve the judicial examination system and improve the separation of legal education and the legal profession.
The implementation of the judicial examination system is conducive to the establishment of the legal profession, the development of legal education in our country, and the improvement of the academic level of legal education; it promotes schools to improve teaching and improve teaching quality. To truly realize the identity of legal education and the legal profession, we must improve the judicial examination system and determine that a law undergraduate degree is the only qualification for entering the judicial examination.
(3) Reform the talent training methods and improve the quality of legal education and teaching.
1. Improve the content of legal education and cultivate applied and compound talents.
In addition to the main and basic courses of the law major, interdisciplinary subjects such as philosophy, economics, sociology, and psychology should also be offered to broaden students' horizons; in order to adapt to the requirements of China's integration with the world, efforts should be made to cultivate Legal professionals who are familiar with WTO rules, international treaties and relevant laws of its major member states. The biggest problem in my country's legal education is that it is divorced from the legal profession and legal talents have poor practical ability. Therefore, it is necessary to increase legal skills courses, including judicial document writing, legal document drafting and writing skills, practical investigation skills, and judicial eloquence skills (such as inquiry skills, defense skills).
2. Change the teaching methods and focus on cultivating the judicial practice skills of law students.
First of all, it is necessary to downplay theoretical teaching and adopt practical teaching methods, such as case teaching method, clinic legal teaching method, mock trial teaching method, court appearance, etc., so that students can learn and experience the work of legal professionals , learn to think and solve problems with the legal thinking of legal professionals. Secondly, increase the basic investment in legal education, introduce advanced scientific and technological equipment and technical means, make full use of multimedia technology and the Internet to carry out teaching, realize the optimal allocation of teaching resources and the sharing of results; establish a legal education practice base, strengthen cooperation with legal professional groups connections to engage students in legal practice.
3. Strengthen the construction of teaching staff and implement the training goals of legal education.
Law teachers are the key to cultivating legal talents, and the quality of teachers directly affects the cultivation of legal talents. At present, the legal professional level of law teachers in colleges and universities in my country is not high. Therefore, university law teachers, especially those who teach highly practical courses, should regularly participate in the work of relevant legal practice departments or participate in case handling. At the same time, colleges and universities can also select teachers through multiple channels and hire outstanding talents from legal practice departments to serve as part-time visiting professors to make up for the lack of practical ability of college teachers. The construction of a team of high-quality teachers also depends on improving teachers' remuneration and encouraging teachers to explore teaching reforms and practices, rather than just using scientific research results as a decisive indicator for evaluating teachers' level.
China’s modern legal education only has a history of more than 100 years. Judging from the historical process, it is still in the preliminary exploration stage, and problems are inevitable. Although the reform of legal education is complex and full of obstacles, as long as we have a scientific judgment on the future development of legal education and a specific plan to steadily promote reform, the modernization of legal education is just around the corner.
2017 Law Undergraduate Graduation Thesis Sample 2
Integration of Paradigms of Environmental Law and Civil Law
The essence of the integration of paradigms of environmental law and civil law is individualism and holism Paradigm conversation. Environmental law and civil law have great conflicts in content. Because civil law adopts the individualistic paradigm theory and environmental law adopts the holism paradigm theory, there will naturally be differences between the two. Due to the prominent environmental issues, the law is facing severe tests, and it is particularly important to achieve a dialogue between law and civil law. At the same time, the paradigm crisis of environmental law and civil law itself is also a deep-seated factor that constitutes the necessity for dialogue between the two. Based on this, this article first explains the reasons for the emergence of environmental law and civil law, and then analyzes the possibility and necessity of dialogue between civil law and environmental law. On this basis, the purpose and function of the dialogue between civil law and environmental law were studied, and the content and current situation of the dialogue between civil law and environmental law were again discussed. Finally, it proposes countermeasures to achieve the integration and reconstruction of environmental law and civil law paradigms, namely the principle of public order and good customs? to integrate and reconstruct the two.
Keywords: environmental law; civil law; paradigm integration; individualism paradigm; holistic paradigm
At present, the interaction between environmental law and civil law has become a focus of legal research, and the interaction between civil law and So the reason for paying attention to this issue is the current situation? green? The call for a civil code is growing day by day, and the reason why environmental law pays attention to this issue is because many basic questions about environmental law are related to this study, and controversial issues will also be attributed to this interactive study through legal analysis. Although the current research on this topic has risen to the theoretical level, it is still necessary to conduct in-depth research to fully explore its deep significance, thereby building a systematic framework for the dialogue between the two, and providing a basis for environmental law and It lays the foundation for the determination of the integration boundary of the civil law paradigm.
First, the motivation for the dialogue between environmental law and civil law
(1) Increasingly prominent environmental problems
At present, as environmental problems become increasingly prominent, relevant The academic community has been working hard to explore solutions, and the proposal of the scientific outlook on development has made interdisciplinary research more active in the face of increasingly complex environmental problems. Therefore, based on the strong political and theoretical atmosphere of society, the dialogue between environmental law and civil law can be realized.
Civil law legislation.
With the progress of civil code legislation, in order to further clarify the impact of environmental issues on civil law, civil law scholars need to establish a dialogue with environmental law to meet the challenges brought by the important task of civil code legislation. In civil law legislation, the formulation of property rights laws involves the legislation of natural resources, and the formulation of laws related to torts involves the relief of environmental infringements. Therefore, civil law will inevitably seek ways to achieve dialogue with environmental law.
(3) Environmental law explorers add fuel to the fire
In view of the increasingly serious environmental problems, how to find effective legal solutions has become a major challenge faced by environmental law scholars, and Relevant content in civil law meets the needs of environmental law scholars, so building a dialogue between the two has become one of the ways to solve problems in environmental law. Environmental law is oriented to solving environmental problems, so it breaks through the shackles of tradition and realizes interdisciplinary research, while civil law is a legal theory that integrates many departmental laws? reserve? Become the object of exchange among environmental law scholars.
Second, the possibility and necessity of dialogue between environmental law and civil law
The possibility of dialogue between environmental law and civil law
1. Both Belongs to China’s legal department.
Environmental law and civil law exist in my country’s current legal system and are important components of our country’s legal system. Based on the structure of China's legal system, the essential attributes, purposes and significance of its legislation are generally characterized by * * * *. Therefore, the dialogue between environmental law and civil law is based on * * *. Therefore, the realization of the dialogue between civil law and environmental law is only based on different disciplines.
2. The historical origins of the two.
The historical origin of the two is reflected in the initial solution to environmental problems: before the introduction of my country's environmental law, legal issues related to the environment were resolved through civil law. Therefore, fundamentally speaking, there is an inherent connection between environmental law and civil law. To a certain extent, environmental law is the inheritance and development of civil law.
This connection provides the possibility for dialogue between environmental law and civil law. However, there are also conflicts between civil law and environmental law. The differences and unique attributes of the two make them constitute different legal disciplines. This is also judged in the current division of legal research disciplines. Therefore, it is necessary to make a clear distinction between environmental law and civil law when discussing the same theoretical issue.
3. The essence of the conflict between them is choice.
In view of the conflict between civil law and environmental law, the root cause does not lie in the judgment of whether it is correct or not, but only in the choice between the two. The essence of establishing dialogue between them is to pool their strength to better solve the difficulties and challenges brought by current social and environmental problems, so as to further solve environmental problems on the basis of improving themselves. So when solving problems, we are faced with civil law and environmental law. When solving problems, we are faced with the problem of who to choose and what legal means to use to determine the solution to the problem.
(2) The necessity of dialogue between environmental law and civil law
In general, is the necessity of dialogue between them to better deal with the current situation? Challenges and crises? Its challenges come from the current severe situation of social and environmental issues, and its crisis comes from the crisis of civil law and environmental law. The challenge to them is the fundamental driving force for the dialogue between them, and the essence of the crisis about them is the crisis of the theoretical research paradigm.
1. The concept of theoretical paradigm
The so-called paradigm refers to the * * * knowledge and basic viewpoints reached by scholars engaged in scientific research in a specific field, and is the same subject of a certain discipline Some kind of * * * consistency in research standards, conceptual systems, etc.[1]. At present, paradigm is widely used in domestic academic circles, and its connotation has far exceeded the original definition given by Kuhn. Specifically, the current paradigm refers to the knowledge system constructed by scholars when it comes to an academic identity, including knowledge assumptions, research models, research methods, value standards, people's understanding of the world, etc.
2. Paradigm crisis in environmental law
The birth of the concept of theoretical paradigm to measure the discipline of Chinese legal theory can fully reflect that Chinese law has not yet established its own theoretical research paradigm, which proves that The existence of a crisis in the environmental law paradigm. The reason why China’s environmental law has not yet constructed its own theoretical research model can be found in the following examples: Professor Cai Shouqiu proposed? Adjustment theory? It caused an uproar in the field of environmental law and had a huge impact on the entire legal field in China. This theory fully proves that my country's environmental law has not yet formed a theoretical paradigm system. However, just because China's environmental law has not established its own theoretical paradigm does not mean that China's environmental law is a weak subject. In fact, a paradigm crisis exists in various legal disciplines in China. 3. The paradigm crisis of civil law
China’s civil law inherits the judicial system of the civil law system. The civil law system of the civil law system is based on individual subjective concepts. In the call for public legalization of private law in the 20th century, the crisis of this concept came to the fore. Therefore, the civil law has undergone a series of revisions, and in the process of its improvement, it has been constantly challenged by various new legal departments, and is in danger. China's civil law inherits the mainland's civil law system and also inherits the mainland's theoretical system of civil law. This inheritance of the civil law legal system puts it in a passive position. Therefore, if a theoretical paradigm is used to keep my country's civil law unchanged, it is obvious that it has a long way to go to complete its mission in today's reform stage. However, just because our country's current civil law system is not standardized, we should not think that it should be regarded as the entire task and mission and devote ourselves wholeheartedly to it. This is not the main task of our national law. Therefore, as a paradigm crisis of Chinese legal science as a whole, it can only show that Chinese legal science is still too? young? As long as it takes a certain amount of time, it will surely thrive.
4. Paradigm integration
Practice, as the basis for the existence of theory, is the fundamental driving force for the existence and development of theory. Therefore, whether we admit the paradigm crisis or not, we must restore theory to practice, verify it through practice, and achieve success through practice. Full of wings? Only by directly responding to the challenges of social reality can the theoretical system become more and more mature. Currently, environmental issues are the main issues and challenges facing society.
It is precisely because of the existence of environmental problems that environmental law was born. It is also precisely because there are more and more environmental problems. Law? Green revolution? The emergence of the new paradigm fully demonstrates that the traditional paradigm theory can no longer meet the current needs, and a new theoretical paradigm is under development. Therefore, building a dialogue between environmental law and civil law is the best way for theory to break through many crises and build a new paradigm theory. Achieving a dialogue between the two can make environmental law and civil law clarify their respective concepts and positions, thereby achieving the purpose of theoretical reconstruction, that is, realizing the integration and reconstruction of the paradigms of environmental law and civil law.
Third, the purpose and function of the dialogue between environmental law and civil law
(1) The purpose of dialogue between environmental law and civil law
The purpose of dialogue between environmental law and civil law It is to enable the two to clearly define their respective concepts and values, thereby achieving the integration and reconstruction of their respective theoretical paradigms.
(2) The function of dialogue between environmental law and civil law
The function of dialogue between civil law and environmental law is to expand the horizons of both parties, change the current traditional way of thinking of both parties, update methods, and achieve Reconstruction of respective values. In the process of their dialogue, they will change their original concepts, thereby updating their positions and perspectives, coordinating the dialogue between them, and thereby promoting their development and improvement in the form of dialogue and interaction. That is to say, environmental law and civil law have achieved empathy in dialogue, and discovered and solved original unknown problems by changing original thinking, thus forming a reconstruction of the theoretical paradigm of environmental issues. In addition, during the dialogue process, the respective concepts, positions and values ??can be effectively re-understood and defined, thereby achieving the paradigm integration of environmental law and civil law in the process of coordinating the relationship between the two.
IV. The content and current situation of the dialogue between environmental law and civil law
Environmental law - using the power of civil law to solve environmental problems
The formation and development of environmental law The theoretical root of it is civil law. In the original environmental law, the legal basis for solving environmental problems was civil law and criminal law. Therefore, the important influence of civil law on environmental law is self-evident. Especially when environmental law faces some environmental problems, it is difficult to find solutions using the way of thinking of environmental law, and it is often necessary to turn to civil law. Another world? This is the impact of civil law on environmental science. The root of this phenomenon lies in the government's emphasis on its leading role. Therefore, environmental law has corresponding characteristics of administrative law. Therefore, its implementation is usually governed by prohibitive provisions or mandatory norms, thus limiting itself thereto. Combining administrative leadership and market mechanisms? At present, China and even the world have become one voice in the field of environmental law legislation. Among them, the concept of introducing market mechanisms is to introduce the thinking concepts of civil law into the formulation of the environmental law system, thereby reconstructing the theoretical paradigm of environmental law with the help of the individualism theory of civil law.
(2) Civil law - the opportunities and challenges that environmental issues bring to civil law and civil law theory.
The challenges that environmental issues bring to civil law are mainly reflected in its theoretical individualism. In the process of formulating the civil code system, a green civil code? This challenge has also become an opportunity for the development of civil law. Therefore, strengthening the current dialogue between the two can promote the formulation of the Civil Code and the construction of civil law theory. At present, civil law theory has embarked on the road of reconstruction, but it will take time to achieve in-depth research and summary. For example, property law and contract law theory in civil law: At present, in the field of property law in civil law, how to realize the ecologicalization of property law theory has become the focus of current civil law scholars. Due to the socialization of property rights, the dominance of public law and the obligations of public law are integrated into the concept of property rights, which shows that the current property rights fully pay attention to the interests of social groups. Therefore, if this is used as the starting point for thinking, some scholars have proposed incorporating environmental protection into property rights theory to construct ecological property rights; other scholars have proposed the idea of ??constructing quasi-property rights theory based on the study of agricultural, forestry, animal husbandry and sideline fishery rights. In the field of contract law, there is also an ecological theory of contract law, which is the so-called? Environmental contract? .
Fifth, how to achieve the integration of environmental law and civil law paradigms - the principle of public order and good customs
? The principle of public order and good morals? It occupies an important position in the current civil law, and its role is to amend and restrict? The principle of private law autonomy? .
At present, relevant scholars have summarized the principles of public security order, which can be roughly divided into ten types, including? Behavior that jeopardizes state procedures? This principle requires further conceptual explanation. In fact, the essence of this principle is the link where the individualist theoretical paradigm accepts the conceptual revision of the holism paradigm. So the relationship between environmental law and civil law is also here? Public order and good customs? embodied in principle. In order to better adapt to the current development situation, civil law theory also consciously assumes the important task of socialization and ecology, and combines the reality of its own theoretical framework to maximize the theoretical practice of socialization and ecology.
When the socialization and ecologicalization of civil law develop to a certain extent, it is inevitable that civil law cannot be adjusted anymore. Therefore, this is also one of the reasons for the emergence of environmental law. It is for the above reasons that legal theories such as environmental law have regarded themselves as social laws since their birth, emphasizing the public welfare of society. Based on this, does civil law still have this kind of thing? Social law? There are many inevitable connections between them not only in theory, but also in practical norms, and they also show a certain inheritance relationship in the adjustment process. It is precisely based on this meaning that civil law scholar Meigs proposed that economic law, labor law and traditional commercial law are the same, are they all? Particularly righteous? . Ignoring the correctness of this argument, the point has been made so-called? Social law? ——Environmental law has an inevitable connection with civil law in terms of content adjustment. Actually Will. The principle of public order and good morals? As civil law and? Social law? The division of labor in mediation can be regarded as a new way of thinking in the current legal system.
Abstract of intransitive verbs
In summary, this article is based on the integration of civil law and environmental law, conducts research and discussion, in order to build a systematic framework for the dialogue between the two , laying the foundation for determining the boundary line for the integration of environmental law and civil law paradigms. By discussing the reasons, feasibility and necessity, purpose and function, content and current situation of the dialogue between civil law and environmental law, the idea of ??taking "civil law" as an example is put forward. The principle of public order and good morals? For integration and reconstruction.
Reference materials:
Chen Xinxia. Kant's teleology and? Anthropocentrism? Question[J]. Journal of Capital Normal University: Social Science Edition, 2013, 5 (01): 52-56.
[2]Ye Junrong. Institutional Response to Environmental Issues—Environmental Law and Policy [M] Beijing: China University of Political Science and Law Press, 2014.
[3]Zeng Shixiong. The present and future of general principles of civil law [M]. Beijing: China University of Political Science and Law Press, 2011.