Publish some information
———————————————————————————————————
A preliminary study on the basic ideas of teaching reform of lawyer affairs specialty
Source: China Paper Download Center [09-09-3011:03: 00] Author: Lin Hong Cai Shanqiang Editor: studa090420 Basic Ideas on Teaching Reform of Paper Keyword Lawyer Affairs.
Abstract: Lawyer affairs is a relatively new major in higher legal education. In teaching, we should break through the traditional teaching mode of law and establish a teaching mode based on legal theory and led by lawyer's practical course. At the same time, combined with the development characteristics of lawyer business in the future, the curriculum and teaching methods of lawyer affairs specialty are reformed to reflect the professional characteristics of lawyer affairs specialty and the social adaptability of students.
The major of lawyer affairs is to train high-tech applied talents to meet the front-line needs of social legal services, and it is an important part of higher legal vocational education. In order to achieve the goal of cultivating high-quality and advanced technical application-oriented talents, the author puts forward a set of teaching reform scheme according to the spirit of relevant documents of the Ministry of Education and the Ministry of Justice and the characteristics of lawyer affairs, for colleagues' in-depth study and reference.
First of all, the teaching reform must adapt to the training objectives and reflect the characteristics of higher legal vocational education.
As mentioned above, the training goal of lawyer affairs major is the first-line senior legal workers-future lawyers. Therefore, the teaching reform of this major should focus on the qualities that future lawyers should possess. To this end, we should do the following:
(1) Breaking through the traditional legal education mode and establishing a practical teaching system.
Traditional law education pays more attention to the study of professional theoretical knowledge in teaching plan and curriculum setting. Even though some practical courses are offered, practice and theory are actually out of touch because of the lack of time guarantee. After graduation, students can't solve some simple problems independently, but also make up lessons in practice, which makes a bad impression on employers and even society. The teaching reform of lawyer affairs specialty is to break through this teaching mode and closely combine professional basic knowledge and professional theoretical knowledge with students' personal practice. Before students enter the society, they should study all kinds of case analysis and lawyer practice courses, and conduct simulation training in the classroom to highlight their application. Make students master skilled legal professional skills, have strong post adaptability and certain sustainable development ability.
(two) according to the needs of development, adjust the professional direction.
Legal affairs majors train lawyers who can adapt to society and the future. In the reform of professional teaching, we should pay close attention to the development trend of lawyers and lawyer industry in China. The development of China's lawyer industry will be in line with international standards and develop in the direction of specialization and collectivization, which is an inevitable requirement for the continuous improvement of China's market economy and the pressure for China's lawyer industry to introduce foreign competition after China's entry into WTO. According to this development trend, it is necessary to constantly adjust the curriculum of lawyer affairs specialty, guide students to choose a special development direction on the basis of completing professional basic courses, and change from training "all-round lawyers" to training "professional lawyers" so as to better adapt to and serve the society.
According to the conditions such as the teaching staff, the major of legal affairs can set up four special directions. One is the direction of real estate lawyer affairs, mainly involving real estate credit investigation, real estate development feasibility investigation, construction project bidding, land acquisition and demolition, tax agency, building mortgage loan, sales agent witness, and other special agent litigation agents; Second, the direction of intellectual property lawyers' affairs, mainly including patent right, trademark right and copyright. These three aspects are independent of each other and have different requirements for lawyers' own quality. For example, patent lawyer affairs require higher knowledge background of science and engineering. Software (program) and integrated circuit module in copyright require students to have good computer knowledge, so students' conditions should be considered comprehensively and treated differently in training; Third, the direction of securities lawyer affairs, to train students to serve securities issuance, listing, trading and foreign-related securities investment in the future; Fourth, the direction of foreign lawyer affairs, mainly to meet the needs of the rapid development of foreign economic and trade relations after China's accession to the WTO, such as dumping and anti-dumping lawyer affairs. The direction of foreign lawyer affairs requires students' foreign language ability, and students who choose this direction should be cultivated in the teaching reform.
(C) the combination of professional knowledge and skills
The professional basic courses of this major should be set according to the needs of professional learning, and at the same time, a set of basic courses and applied skills courses should be set according to the professional direction chosen by students. English class is a compulsory course for students. Students should have certain listening, speaking, reading and writing abilities, reaching Grade 3 or above. Secondly, students should complete the study of computer courses, be able to master the basic principles and operations of computers skillfully, and reach the level of Grade 2 or above in the National Computer Rank Examination. Students' language expression ability and eloquence are also the focus of training.
Establish "double-qualified" teachers.
"Double-qualified" teachers refer to teachers who are both good teachers and excellent lawyers. "Double-qualified" teachers are the key to adapt to and improve the teaching quality of lawyer affairs specialty. Only by establishing a team of teachers with solid basic theoretical knowledge, high teaching level, good professional practice ability (lawyer practice) and rich practical experience can we meet the needs of higher vocational education such as lawyer affairs and cultivate real applied talents.
Second, meet the needs of future lawyers' practical application ability and basic quality, so that students can have reasonable knowledge, ability and quality structure.
The teaching reform of this major should follow the principle of emphasizing application and practice, reform the curriculum and teaching content system, run quality education through the whole process of lawyer training, and gradually establish a practical teaching system that organically combines students' basic practical ability and operational skills, professional technical application ability and professional skills, and comprehensive practical ability and comprehensive skills.
In the teaching reform, it is necessary to establish a set of course teaching system consisting of public basic courses, professional basic courses, professional courses and professional elective courses. This course system adjusts and reorganizes the structure of students' knowledge, ability and quality, which embodies the direction mode of talent training in this major. The following is the specific content of this course system:
(A) public * * * basic courses
Basic courses for lawyers include not only basic courses such as philosophy, economics, Deng Xiaoping Theory, college Chinese, aesthetics and appreciation, calligraphy training, English, computer, physical education, etc., but also some basic courses specially needed by this major, such as public relations, sociology, literature retrieval, political economy, financial management, etc. The setting of this basic course not only takes into account the all-round development of students' political and ideological quality, cultural quality and physical quality, but also takes into account the cultivation of students' applied skills. At the same time, taking into account the needs of students to choose a specific professional direction, courses such as political economy, financial management and professional English are added to the basic courses of public education to lay the foundation for students to develop in the direction of "professional lawyers".
(2) Professional basic courses
Professional basic course is a course for students to lay a solid professional foundation when they study professional courses. Because the major of lawyer affairs is a major that uses legal knowledge to serve the society, the basic course of law major is also the basic course of lawyer affairs major. It mainly includes the training of basic theory of law, constitutional law, legal logic and legal methodology. In addition, lawyer's professional ethics, judicial documents and lawyer's document making are also professional basic courses of this major, which should also be placed in a prominent position. Through the study of lawyer's professional ethics, judicial documents and lawyer's documents, students feel that to become a qualified lawyer, they should not only have a solid business foundation, but also have good moral quality and the idea of serving the society, be able to recognize the importance of lawyer's work and do their duty in their posts. So as to promote students to study specialized courses and specialized elective courses ideologically.
(3) Specialized courses
Professional courses include criminal legal system, civil legal system, international legal system and other major categories of law, as well as lawyer legal system and various case study courses. Specialized courses have the most content and the richest content. It is the basic guarantee for students to become excellent lawyers in the future. The teaching reform of specialized courses should adhere to the principle that theory teaching serves practice and theory guides practice, and grasp and improve the theoretical system in practice. After systematic and standardized professional teaching, students can systematically master the theoretical system they have learned, have a certain theoretical level, and be able to analyze and solve more complicated cases by using the theories they have learned. It can be seen that the teaching of professional courses should not only pay attention to theoretical teaching, but also pay attention to practical teaching, and also pay attention to the teaching of lawyer legal system and practical methodology.
(4) Specialized elective courses
The curriculum of elective courses for lawyers is mainly based on three considerations: first, considering that the academic system of this major is only three years, it is impossible to learn all the courses of lawyers and learn them well in a limited time; The second is to consider some characteristic courses related to this major. The purpose is to expand students' professional knowledge, guide students to study and study deeper or more advanced topics, cultivate students' self-study ability and innovative spirit, and lay a foundation for their further study and research in the future. The third is to give full play to some students' specialties and support them to choose a certain direction of lawyer affairs and become "professional lawyers" in the future. For example, if students are good at foreign languages and interested in foreign-related legal system, they can be encouraged to develop in the direction of foreign-related lawyer affairs. Supporting professional elective courses include the legal system of the World Trade Organization, the theory and practice of foreign-related arbitration, etc. This arrangement can also improve the employment competitiveness of students after graduation.
For the elective courses set according to the second consideration, students can choose freely, while for the elective courses set according to the third consideration, students must choose one aspect, such as the direction of real estate lawyer affairs and intellectual property lawyer affairs mentioned above. And according to the elective course system set in each direction, students must take all elective courses after choosing this aspect. Of course, students are allowed to take courses in other directions if they have spare capacity.
Third, establish a theoretical teaching system that is compatible with the training objectives of lawyer affairs.
Based on the principle that "the teaching of basic theory should aim at application, focus on clarifying concepts and strengthening application, and the teaching of specialized courses should be more targeted and applied" in higher vocational colleges, the author designed a set of corresponding theoretical teaching system. The biggest feature of this system is that it has created a relatively perfect subject system of lawyer affairs on the basis of general legal theory, and has made some innovations in teaching methods and teaching means.
(A) to create a legal affairs discipline system
Discipline system is a knowledge group system closely related to disciplines and scientifically classified, which consists of "parent discipline" and its branches "sub-disciplines" and the knowledge and technology of related disciplines. The subject system of lawyer affairs is a complete theoretical system with lawyer affairs as the core, real estate lawyer affairs, financial lawyer affairs and other specific branches, lawyer system as the leader, lawyer professional ethics, lawyer eloquence and difficult case studies as the basis.
Lawyer affairs is a science that studies the general principles, laws and scope of lawyer affairs, and also provides theoretical guidance for students to engage in lawyer affairs in the future. It is based on lawyers' practical activities and a theoretical summary of lawyers' practical activities. This subject includes the following four aspects:
1, lawyer's litigation agency and defense affairs
This part includes lawyer's agency affairs in civil litigation, agency affairs in administrative litigation and agency and defense affairs in criminal litigation. This paper expounds the different legal status of lawyers in different litigation forms and the principles that should be followed when exercising the right of agency or defense, and puts forward the skills of lawyer's agency and defense in theory.
2. Non-litigation lawyer affairs
Non-litigation affairs are an important part of lawyer affairs, which refers to matters that have not formed disputes or have formed disputes, but have been resolved through forms other than litigation. Lawyers appear as agents in non-litigation affairs.
3. Legal advice and assistance.
Legal consultation refers to the professional consulting department's business activities of explaining or explaining the inquiries about legal affairs put forward by state organs, enterprises and institutions, social organizations and the people, and putting forward suggestions and solutions. Lawyers' legal consultation makes the "professional consulting department" concrete. Lawyer Affairs discusses the scope, mode, function and principle of lawyer's legal consulting service, and puts forward the basic requirements for lawyers to engage in legal consulting service in combination with lawyer's professional ethics. Legal aid service is a kind of free legal service provided by lawyers to those who are unable and in urgent need of legal services according to relevant laws and regulations. This is the embodiment of the noble quality of lawyers serving the society, and it is also an indispensable part of lawyers' affairs.