Category:[world] [education]

Due to the reform since the end of 1970s, a modernizing and comprehensive system of legal education has been established and continues to develop.The following shows some of its features and on-going changes.

1.Types of Law Schools

As far as the administrative affiliation is concerned, the law schools in higher learning could be classified into mainly four categories during the past two decades:?(1) universities or institutes of political science and law under the administration of the Ministry of Justice;?(2)law departments or law schools at the comprehensive universities under the administration of the Ministry of Education;?(3)?law departments at the universities subordinating to other central ministries or commissions; (4)?law departments or law schools at the universities subordinating to local governments.?The first two groups played a leading role in the legal education.?According to the statistics in 1986, 50% of all the on-campus students, 57% of all the full-time teachers, 70% of the LL.M awarding units and 75% of the LL.D awarding units were included in these two categories.

Recently the State Council made a great change to have categories (1) and (3) disjointed from the ministries and put them into either the category (2) or category (4).?For example, our University has been shifted from the category (1) to (2).Therefore, there are generally two types of law schools, namely, those under the Ministry of Education and those under local government.

Nowadays, private universities have emerged in China.?However, legal education in these realms has not been developed yet.

Enrollment

Almost all the undergraduate students in law schools come from higher middle schools.?The entrance examination is unified and organized by the State.?Law schools recruit new students in light with the number planned by the State.?Candidates choose the schools voluntarily and law schools make a choice among them in accordance with their examination results.?Entrance to key universities, such as the China University of Political Science and Law, law schools of Peking University, People University, Wuhan University and Fudan University, is always extremely competitive.

3.      Length of Schooling

As far as legal education is concerned, the period of schooling for LL.B on-campus students covers 4 academic years.?LL.M schooling takes three academic years and LL.D study usually requires the same length.?College students without LL.B degree take three academic years, too.Out-of-campus or on-the-job students may complete their study in longer time.

4.      Study Programs

In addition to the above listed, some special courses are offered as usually selective ones.?We realize that students?personal interests must be respected and explored.?In our University, for instance, all undergraduates take common courses in the first two years, and then they choose one of the four special directions, namely (1) constitution and administrative law, (2) criminal law, (3) civil, commercial and economic laws, and (4) international economic law.?Each of the directions offers its specific required courses and elective courses.For example, our Department offers students of direction (3) the following courses:?financial law, foreign contract law, tax law, labor law, competition law, environmental and resources law, real estate law, accounting for lawyers, auditing law.?Elective courses are open to every student in any of the special directions.

5.      Professional Practice

All the undergraduate students must do practice in the last school year.?They usually work at courts, procuratorates, law firms, government organs or companies.The time for such practice takes 2-6 months (usually 2-3 months).

6.      Legal Research

Legal research is always stressed as one of the requirements to law students.?Graduation thesis is required to every student.?Besides, in some law schools, year-end thesis is also required.Everyone when writing the thesis shall has a tutor.?All the research works must be done independently.?The function of tutors is just make guidance during the writing process and give final comments and marks.

7.      Foreign Language

China law schools attach importance to foreign languages, especially English.?It is a compulsory course for LL.B, LL.M and LL.D students.?It seems quite often that law students spend so much time in studying foreign language that they cannot have enough time to read more law books.?On-the-other-hand, many of the graduates have seldom opportunity to use foreign language when they become practitioners dealing with merely domestic legal affairs.?Anyhow, China has never waiver in carrying out the policy on foreign language study in higher learning.

8.      Graduation and Employment

A student who has completed his courses and get the required credits may be granted diploma.?In recent years graduates must find their job themselves rather than being assigned by the State.?The advantage of the new system is that students have their own choice.?The disadvantage is that students have to spend a lot of time searching for jobs at the last semester so that their schooling period is actually shortened.

III.               Teaching Methods in Law Schools

1.General Principle

The teaching methods in China’s law schools are comprehensive.?The general principle of our legal education is ombination of theories and practice??It means that, simply speaking, students must know not only what?and why? but also how?

Concepts and Logic Method

The modern legal education in China has been long influenced by civil law tradition, including the Germany conceptualistic method.Since the Chinese law is basically written law, the deductive reasoning is widely used in legal research and even legal practice.?Therefore, the law students are supposed to know it well.

A BRIEF INTRODUCTION TO THE LEGAL EDUCATION IN CHINA(Over)
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