摘要(Abstract):
论文对20世纪80年代以来中美法学教育的历史进行了历史回顾,分析了自上个世纪"中美法学教育交流委员会"建立以来,不同的主体在不同阶段发挥的历史作用。论文重点阐释了美国法学教育在制度上、教学方法上对中国法学教育的影响,新的时代背景下中美法学教育面临的共同难题和挑战,全球化时代背景下中美法学教育合作的前景和方式等。作者认为,随着全球化的发展,很多法律问题必须通过国际交流与合作的方式才能解决,中美法学教育交流不仅可以培养解决国际问题的法律人才,也可以大力促进世界新秩序的建构。
关键词(KeyWords):
Abstract:
Keywords:
基金项目(Foundation):
作者(Author): 丁相顺;
Email:
参考文献(References):
- 1 Hao Tiechuan,Chinese Law Students Studying Abroad in Modern Period and Legal Modernization,6 Journal of Law 3,3-23(1997).
- 2 The Soviet Union stood alliance with the Chinese Communist Party Government in the beginning of 1950s.
- 3 Professor R.Randle Edwards is Walter Gellhorn Professor Emeritus of Law at Columbia Law School.He has been a faculty member of Columbia's East Asian Institute and director of the Center for Chinese Legal Studies.He also served as the Chairman of the Committee on Legal Education Exchange with China from 1983-1991.
- 4 Fang Liufang,Professor Randle Edwards and CLEEC(Speech on November 26,2011),China-EU School of Law at China University of Political Science and Law,at http://www.cesl.edu.cn/eng/idxnewsview.asp?id=1052(Last visited June 5,2013).
- 5 R.Randle Edwards,Thirty Years of Legal Education Exchange with China:The Columbia Law School Role,23 Columbia Journal of Asian Law 3,3(2009).
- 6 Stanley Lubman,The study of Chinese law in the United States:Reflections on the Past and Concerns about the Future,2(1)Washington University Global Studies Law Review,21(2003).
- 7 THE WEBSITE OF RENMIN UNIVERSITY OF CHINA,at http://www.law.ruc.edu.cn/Article/ShowArticle.asp?ArticleID=34438(Last visited on June 4,2013).
- 8 R.Randle Edwards,supra note 5.
- 9 Report of the Delegation of Lawyers from the American Bar Association to the People's Republic of China(October 30,1978—November 21,1978),13 International Lawyer 533,533-567(1979).
- 10 The Secretariat of CLEEC,The Official Work Report for CLEEC(Chinese version),1997.
- 11 Including Professor Randle Edwards from Columbia Law School,Stanley Lubman of Berkeley and Victor Li of the East-West Center.
- 12 R.Randle Edwards,supra note 5.
- 13 ProfessorWang Tieya and Rui Mu from Beijing University and Wang Fusun and Wang Zenong from the Ministry of Education.
- 14 The founding members of CLEEC were William Alford(U.C.L.A.,later Harvard Law School),R.Randle Edwards(Columbia Law School),Walter Gellhorn(Columbia Law School),Victor H.Li(East-West Center),Bill Jones(Washington University School of Law),Eric Stein(University of Michigan Law School),Whitmore Gray(University of Michigan Law School)and the author.They were joined by Sharon Hom(City University of New York Law School at Queen's College),Donald Clarke(University of Washington School of Law),andHilary Josephs(Syracuse University College of Law).See Stanley Lubman,supra note 6.
- 15 Including Beijing University,Renmin University of China,Wuhan University,Fudan University,and Jilin University.
- 16 These three institutions include the Chinese University of Political Science and Law,East ChinaUniversity of Political Science and Law,and Southwest University of Political Science and Law.
- 17 The Chinese Academy of Social Sciences was the supervisory body to the Ford Foundation.The decision on which participate in the CLEEC was made by both the Ministry of Education and theMinistry of Justice.
- 18 ProfessorZhang Guohua,the dean of Beijing University faculty of law and ProfessorRandle Edwards,the professor from Columbia served as the chairpersons representing the two side respectively.
- 19 Indicated by Professor Fang Liufang who was the grantee of CLEEC and professor from Chinese University of Political Science and Law.
- 20 Supra note 10.
- 21 Fang Liufang,supra note 4.
- 22 Wan Exiang(Yale),who later became vice-president of the Chinese Supreme People's Court and vice-chairman of the Chinese People's Political Consultative Conference.Another past vice-president of China's Supreme Court and vice-chairman of the Chinese People's Political Consultative Conference was ProfessorLuo Haocai,who was a CLEEC visiting scholar at Columbia.Several deans of leading Chinese law schools over the past twenty years were CLEEC alumni including Professor Zhang Wenxian and Fang Liufang.See Stanley Lubman,supra note 6,24.
- 23 HOME PAGE OF FULBRIGHT PROGRAM,at http://eca.state.gov/fulbright(Last visited on June 4,2013).
- 24 Id.
- 25 The author is grateful to Ms.Yang Chunju,the staff of Fulbright Office at American Embassy in Beijing for providing such statistics.
- 26 Stanley Lubman,supra note 6,24.
- 27CHINA SCHOLARSHIP COUNCIL,ANNUAL REPORT 2010,at http://www.csc.edu.cn/uploads/20111103160632940.pdf(Last visited on July 26,2013).
- 28 R.Randle Edwards,supra note 5.
- 29 Columbia began to enroll several Chinese LL.M.'s each year,starting in the mid-1980s.It also admitted five or six Chinese J.D.students each year at the same time.To admit,Columbia also took some flexibility in the admissions process and provided generous financial aid to those students.See Edwards,supra note 6.
- 30 In 2008,the ABA reported that over 6000 students were enrolled in U.S.non J.D.law programs with over 4000 LL.M.degree awarded.
- 31 Carole Silver,Internationalizing U.S.Legal Education:A Report on the Education of Transnational Lawyers,14 Cardozo Journal of International and Comparative Law 143,143-175(2006).
- 32 International Student Enrollment Increased by 5 Percent in 2010/11,Led by Strong Increase in Students From China,disclosed by the Open Doors report,which is published annually by the Institute of International Education(IIE)in partnership with the U.S.Department of State's Bureau of Educational and Cultural Affairs.
- 33 Fewer Chinese overseas students staying abroad,China Daily,January 24,2013,at http://www.chinadaily.com.cn/china/2013-01/24/content_16170411.htm(Last visited on July 26,2013).
- 34 According to this author's observation,Chinese law students usually occupy 10%of them.
- 35 THE HOMEPAGE OF RENMIN LAW SCHOOL,at http://law.ruc.edu.cn/Article/ShowArticle.asp?ArticleID=41547(Last visited on June 5,2013).
- 36 RONALD A.BRAND,THE EXPORT OF LEGAL EDUCATION:ITS PROMISE AND IMPACT IN TRANSITION COUNTRIES,at 2(Ashgate Publishing Company,2009).
- 37 Carl F.Minzner,The Rise and Fall of Chinese Legal Education,36(2)Fordham International Law Journal 334,351(2012).
- 38 Mathew S.Eric,Legal Education Reform in China through U.S.-Inspired Transplants,59 J.Legal Educ.60,61(2009-2010).
- 39 In China,sub-disciplines(majors)are provided for in China SCADC Subject Categories(CSSC),made by the authority of State Council Academic Degree Committee(SCADC).
- 40 Document on the establishment of Juris Master Degree issued by the Commission of Degree under the State Council,May 12,1994.
- 41 Wang Jian,The Evolution and Development of Juris Master Institution,27(3)Tribune of Political Science and Law 126,126(2009).
- 42 Adopting and Adapting:Clinical legal education and access to Justice in China,120 Harv.L.Rev.2139,(2006-2007).
- 43 COMMITTEE OF CHINESE CLINICAL LEGAL EDUCATION(CCCLE),at http://www.cliniclaw.cn/article_view.asp?id=942&menuid=20036198507592&menuname(Last visited on June 5,2013).
- 44 Supra note 42.See also,ZHEN ZHEN,CLINICAL LEGAL EDUCATION IN CHINA:CURRENT SITUATION AND ITS FUTURE OF CHINA'S CLINIC LEGAL EDUCATION,at http://www.mcgeorge.edu/Experiential_Education_in_China/Conference_Papers.htm(Last visited on June 5,2013).
- 45 Xiangshun Ding,Building International Collaboration through a Disability Law Clinic:Experiences from Renmin University Disability Law,15(1)Inha Law Review 1,1-8(2012).
- 46 Id.,162.
- 47 Cai Yanmin,Global Clinical Legal Education and International Partnerships:A Chinese Legal Educator's Perspective,26 Maryland Journal of International Law 159,159(2011).
- 48 RONALD A.BRAND,supra note 36.
- 49 ZENG XIANYI AND ZHANG WENXIAN,RESEARCH ON CHINA'S LEGAL EDUCATION REFORM AND STRATEGIC DEVELOPMENT IN THE 21ST CENTURY,at 65(The High Education Press,2002).
- 50 MYCOS RESEARCH INST.,Chinese College Graduate Employment Annual Report 2011,see also Carl F.Minzner,supra note 37,352.
- 51 Ethan Bronner,Law Schools'Applications Fall as Costs Rise and Jobs Are Cut,New York Times,January 30,2013,at http://www.nytimes.com/2013/01/31/education/law-schools-applications-fall-as-costs-rise-and-jobs-are-cut.html?pagewanted=all&_r=0(Last visited on July 25,2013).
- 52 Carl F.Minzner,supra note 37,335.
- 53 Id.,381.
- 54 Li Renzhen,WTO and Opening up of China's Legal Service Market,11 Justice of China 25,25-27(2004).
- 55 Carl F.Minzner,supra note 37,391.
- 56 Id.,373.
- 57 RETHINKING LANGDELL:HISTORIC CHANGES IN 1L CURRICULUM SET STAGE FOR NEW UPPER-LEVEL PROGRAMS OF STUDY,at http://www.law.harvard.edu/news/today/dec_hlt_langdell.php(Last visited on June 20,2013).
- 58 AMERICAN BAR ASSOCIATION,at http://www.americanbar.org/publications/student_lawyer/directories/study_abroad.html(Last visited on June 20,2013).