Test meeting the professional legal education in ethics education
[Abstract] In today's legal Education in our common tendency to ignore the legal and ethical Education. Legal Education should pay attention to moral Education and belief in Education, students in understanding and grasp of legal knowledge systems at the same time, the formation of faith in the Law.
[Paper Keywords] legal Ethics, legal Ethics; professional Ethics education
Legal Ethics, broadly speaking, the legal system, including the ethical and legal professional Ethics, from the narrow sense, refers only to the legal profession ethics. Legal professional ethics in the legal profession and social life of their duties in life should comply with the ethical code of conduct. Ethics of the legal profession, including legal professionals mainly loyal to the Law, fair treatment of the parties, self-discipline, etc. is generally believed that the legal profession should have three qualities, one for legal knowledge, a knowledge society, a legal ethics to which , the Law is a legal professional ethics should have the quality of people is one of the legal profession who constitute an important part of overall quality. For the purposes of the legal profession, legal ethics do believe the Law requires it, feel justice, honesty and fairness, dedication, moral character is the cornerstone of achieving justice, as president of China University of Political Science in December 2003, Professor Xu Xianming 9 at the Shanxi University made "legal education" special report, said: "Law is the value of science, the real values of legal education should be education, law and justice should be the concept of education, institutions of higher learning should be a hub of legal values . "legal profession's ethical qualities determine the process of building the rule of law and our prospects, therefore, must be paid.
First, the importance of legal education in professional ethics grounds
Law is the legal education in professional ethics is an important part of legal education, legal system, but a country one of the most basic form factor as the decision to develop the ultimate justice of the legal community professionals of the legal education must pay attention to professional ethics, the author emphasis on ethics education in law that the reasons in the following areas:
1 is a citizen of legal professional ethics and moral quality of a high degree of generalization in any society, there are certain moral and ethical requirements of these basic moral and ethical norms of behavior of citizens requires that the state of society in order to run in China This moral and ethical norms is particularly prominent role in ancient China for thousands of years of feudal Confucian ethics in today's society still has a huge impact, ethics-based culture is the nature of our culture, our culture and Western culture is an important difference. Emphasis on ethics in China, the state and society's moral qualities of citizens have more stringent requirements. Citizens of ethical standards is the cornerstone of legal professional ethics. Legal Ethics embodies the spirit of ethics, it is rooted in our society among the general ethics. To leave the general ethics, legal ethics can not be formed as the first legal professionals should have the average citizen has the basic moral qualities, which is as citizens, should do the most basic code of conduct. Ordinary citizens with moral qualities, of course, legal professionals should have, because the law is nothing more than professional ethics and moral standards of citizens in general a high degree of generalization in the legal field, is in the legal profession in particular areas of civil society should follow the general ethical guidelines in Promoting the advancement of national importance and all citizens of the community's moral qualities of the environment, attention and legal professionals to improve the moral qualities is the emphasis on civic and moral qualities necessary requirement.
(2) legal professional ethics is an essential legal profession who work ethic. Who must have attained the legal profession qualified citizens the moral bottom line, but more than that is not enough. The rule of law is a legal professional person rule, the rule of law as the legal profession who The key factor that must have other citizens do not have professional ethics. as medical ethics should be followed, teachers should follow the same ethics, legal profession, people also should keep a special legal ethics. Xiao-floor as early as the famous educator Law legal education in the Republic put forward the planning done: "With the legal knowledge, there is no legal and moral, that is inconsistent with the nature of the legal meaning, not in line with the purpose of legal education." law schools should train legal professionals with outspoken character, to "not be obscene wealth, and rank can not move, force can bend" to swayed by personal considerations, fear of high pressure, respect the law. While ignoring the legal and ethical ideals of legal education and law can only be advanced to the dregs of the society, even a good social order and undermine the black sheep. The legal profession's legal and ethical qualities to a certain extent, affect the effectiveness of the law, because "when a rule and the effectiveness of a set of rules for moral boycott is threatened, its effectiveness could become a meaningless shell. "visible, the legal profession's legal and ethical qualities to achieving social equity and justice has an important role.
3 legal professional ethics education is an important means of preventing corruption in the judiciary. Today, judicial corruption is serious, all kinds of widespread judicial corruption in society. The reality of rampant corruption in the judiciary so that people began to ponder the underlying causes of corruption in the judiciary result in the administration of justice Tracing the source of corruption, when it was discovered that the legal profession's ethical qualities lead to corruption in the judiciary is an important factor. In judicial practice, the legal profession who have greater discretion in relation to the external supervision, the work ethic and self-discipline is more important and effective control of corruption in the judiciary important line of defense. The overall quality of the legal profession who are not high , lack of rule of law required by the legal profession, ethics is a direct factor leading to corruption in the judiciary, inadequate systems of this factor than the more direct and critical factors, therefore, resolve to curb corruption in the judiciary and must start from a focus on legal ethics education, from the source to intercept the generation of judicial corruption. visible, legal and ethical education is to curb corruption in the judiciary is an important way.
For the above reasons, I believe that the legal profession in legal education, ethics education must be given adequate attention. So, our today's legal education in professional ethics education in law what is it? This requires education on the ethics of the legal profession in China to be an overview of the status quo.
Second, the legal status of professional ethics education
From our current legal education in professional ethics education in the present situation in the country's widespread neglect of education in today's legal education, legal and ethical status of the tendency of legal professional ethics training is the lack of legal education in our country one of the problems, which is mainly reflected in the following aspects:
1 university legal education, the lack of legal professional ethics education should bear the higher legal education to teach legal theory knowledge, students solve legal problems and legal values education, law and justice both to establish the task, but our university legal education is only now emphasis on imparting knowledge of the law, justice, law and values has not given sufficient attention to education, lack of legal and ethical aspects of research, nor set up legal and ethical aspects of the curriculum as of 1999, China's higher education law undergraduate, master's and doctoral training provisions are not the legal and ethical requirements as the training, although amended in 1999 <<Master of Laws Degree training program>> for the first time explicitly "legal professional ethics" as a course set up independent, but its use materials is too vague, it is difficult to develop the ethical quality of the legal profession, the purpose now in our country only a few institutions of higher learning set up <<judicial ethics>> elective courses, colleges and universities has yet to set up special programs from the perspective of legal ethics in Higher Law Education is not the long-term legal and ethical one as a required course for students, legal profession, ethics education has been neglected by China's legal education, legal education, this is undoubtedly a major university defects in the rule of law legal education developed in Western universities, mostly located sort of judicial ethics legal ethics discipline courses, such as the UK <<lawyer professional conduct guidelines>> a book published one every year in law school teaching is the highlight, and our colleges and universities in this area of legal education has or blank, say that it is a pity. Links to free download http://www.hi138.com 2. judicial examination of judicial ethics investigation ignored. National Judicial Examination, as a citizen to enter the legal profession, the threshold circle, people in the legal profession in the study of legal expertise to master the same time, but did not examine the contents of professional ethics as a focus in the assessment to be assessment, although in the judicial qualification examination, on professional ethics and professional discipline of the examination content, however, the legal profession is a highly practical activity, the requirements of legal practice in the legal profession, ethics can not be inspected by a written exam out of the way. grasp of legal knowledge, through a written examination of people do not necessarily In judicial practice, high moral and ethical qualities. judicial examination of the ethical qualities of the candidates study and practice falls far short of the requirements, it is difficult to assess the legal profession's legal and ethical literacy purposes.
3 legal professional ethics education, sense of apathy. In the past has been the legal education of university knowledge to teach the law re-education model in teaching activities, teachers to interpret the law and the rule of law as the main teaching content, not concerned about the implicit in the law behind the legal concepts and values, lack of legal knowledge and ethical values and concern for the interpretation, leading to many law students only know the provisions of the law, I do not know the value of law and ethics. teachers in imparting knowledge of the law, when the students ignored legal and ethical literacy training, focus only on theoretical knowledge of the investigation, does not attach importance to moral and ethical training, so this should be done in the daily teaching of legal professional ethics training and words and deeds become castles in the air, which is the subject of teacher education as legal ethics education awareness The inevitable result is not strong.
Third, improve the legal idea of professional ethics education
The legal profession's duty is to safeguard social fairness and justice, justice. For the realization of social fairness and justice, legal education in addition to expertise in education, the legal profession should pay particular attention to the moral quality of education because of the special requirements of the legal profession in professional legal work should not only master the legal theory and legal systems of knowledge, more importantly, the judiciary should have a noble character, compliance with judicial ethics. legal education is the formation of legal professionals the quality of judicial ethics foundation of legal education should pay attention to moral education and belief in education so that students understand and grasp the knowledge systems of law at the same time, encourage students to form faith in the law. To achieve these goals, improve legal education in professional ethics, I believe that should be mainly from the following aspects:
1. The legal and ethical education and into their daily teaching, and set the legal and ethical course would be of legal ethics education throughout the legal process of teaching and the creation of specialized legal and ethical course is to improve legal education in professional ethics important way on the one hand, the legal profession ethics education should be education and into the legal profession, legal education is reflected in all aspects. long time to change our legal education, legal theory is only concerned about teaching, ignoring professional ethics education, ethics education will depend on the legal profession, the general practice of moral education would be legal All legal ethics education throughout the course of teaching practice by taking class discussion, teaching clinic, the court debates the teaching methods to guide students from an ethical perspective on the debate over the teaching of legal issues to be explored and research, training and legal training of students Ethical literacy not only be teaching students in the legal and ethical cognition, should also by addressing practical problems, students of legal ethics capacity since the formation of judicial ethics literacy is not taught, more of a trained The future of legal education, students must focus on legal training and professional ethics, to promote legal education and ethical practice of the orientation of the other hand, should set up a dedicated legal professional ethics courses for students to strengthen the legal awareness of professional ethics by specifically, the course explains the system to increase the professional ethics education for students to master the professional practice in the future should follow the ethics, and pass the exam on the content and method of adjustment, from the practice of assessing students' professional ethics, by raising the quality of the legal profession were to prevent corruption in the judiciary.
(2) changing the concept of legal education, ethics education to improve teacher awareness to strengthen the legal professional ethics education, from the perspective of the subject of education, teachers must first change the way of thinking and behavior. To avoid the long ideological importance of teachers in imparting knowledge of the law and legal theory, legal ethics to the neglect of the spread of the situation. Second, to improve their legal and ethical quality of teachers so that teachers themselves have a high legal and ethical qualities, so that teachers can play in teaching the role of word and deed, the teacher will consciously and attention to students' ethical awareness training to the legal ethics education, integrating the entire legal education activities. Links to free download http://www.hi138.com
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