论文部分内容阅读
在中国法学教育改革的讨论和实践中,法律技能教育一直是一个热点问题。在提倡开展和加强法律技能教育的学者中,一般认为传统法学教育缺陷主要是培养的学生缺乏实务能力,而法律技能教育可以弥补缺陷。然而,在对实务能力进行理解和界定时,易于将其与事务性能力画等号。这样的理解会导致对法律技能及其教育产生了三个方面的误解:第一是对法律技能性质的误解;第二是对法律技能教育目的误解;第三是对法律技能教育模式和方法的误解。在此误解
In the discussion and practice of China’s legal education reform, legal and technical education has always been a hot issue. Among the scholars who advocate and enforce legal and technical education, it is generally considered that the defects of traditional legal education are mainly the lack of practical ability of students trained and the legal skills education can make up for the defects. However, in understanding and defining substantive competence, it is easy to equate it with transactional competence. Such understanding leads to misunderstandings of legal skills and their education in three aspects. The first one is the misunderstanding of the nature of legal skills, the second is the misunderstanding of the purpose of legal skills education and the third one is about the legal skills education model and methods misunderstanding. Misunderstood here