How to correctly understand the relationship between education and law?

First, the connotation of legal education and quality education

The proposal of quality education is aimed at the disadvantages of "exam-oriented education". 1June, 999 13 "Decision of the Central Committee of the State Council on Deepening Education Reform and Promoting Quality Education in an All-round Way" points out: Implementing quality education means comprehensively implementing the Party's educational policy, taking improving the quality of the people as the fundamental purpose, focusing on cultivating students' innovative spirit and practical ability, and creating "ideal, moral, educated and disciplined" moral, intellectual and physical beauty. At present, some theorists in higher education generally summarize quality education into four aspects: ideological and moral quality, cultural quality, professional quality and physical and mental quality. In higher education, legal education refers to the training of legal professionals as the goal, and the curriculum, teaching material selection and activity content of the legal profession should be directly or indirectly centered around the training goal of the legal profession. With the development of China's socialist modernization and the development trend of world economic globalization, legal globalization and internationalization of higher education, the social legal profession puts forward higher requirements for the quality of Chinese legal professionals. High-level and high-quality legal professionals must have good comprehensive quality in order to be competent in legal professional work, enforce the law fairly, realize the value of law and safeguard the dignity of law. Therefore, the development of legal education and teaching activities should take the cultivation of high-level and high-quality legal talents as the main or primary purpose. The ideological and moral quality, cultural quality, professional quality and physical and mental quality in quality education are the comprehensive qualities that an excellent senior legal professional should have. Among them, ideological and moral quality is the direction; Cultural quality is the foundation; Professional quality is the core; Physical and psychological quality is the guarantee. From this, we can draw the following conclusions: legal vocational education and quality education have inherent unity, and the basic requirements of legal vocational education for legal personnel training are contained in the essence of quality education, which is the general outline of the requirements and standards for personnel training in higher education at all levels and professional education.

Second, the relationship between legal education and quality education

The relationship between legal education and quality education can be discussed from four aspects included in quality education:?

In terms of ideological and moral quality, ideological and moral quality education ensures the correct direction of quality education for law students.

Among people's comprehensive qualities, ideological and moral qualities are at the core. The Italian poet Dante once said a famous saying: a person with incomplete knowledge can make up for it with morality, but a person with incomplete morality is hard to make up for it with knowledge. The Chinese nation is a big country with 5,000 years of civilization. "Governing the country by virtue" has a long history in China. As early as the Spring and Autumn Period and the Warring States Period, Confucius, a famous thinker and educator, had some expositions on governing the country by virtue: for example, "Tao governs the people by politics, and the people are restrained by punishment, and the people are free from shamelessness; Virtue is the rule of Tao, courtesy is the rule of virtue, shame is the rule of virtue, and virtue is the rule of politics, such as Beichen, where many stars live (The Analects of Confucius is the rule of politics). Another example is: "If you don't cultivate yourself, you will be worried, if you don't talk about learning, you will not move if you smell righteousness, and if you are not good, you will not change" (described in The Analects). Thus, the ancients had a deep understanding of the importance of moral education. ?

In all kinds of social and economic activities, people's communication activities not only need laws to restrain their behavior, but also need moral power to play a leading role. In the field of education, we should implement the idea of "ruling the country by virtue" and closely combine "ruling education by law" with "ruling education by virtue" and "educating people by virtue". As a legal education, to cultivate high-quality legal professionals, we should first pay attention to cultivating the ideological and moral quality of legal professionals. In real social life, imagine how a legal professional does not have excellent ideological and moral quality, what harm will law enforcement not bring to others, and what bad influence will it have on society in the future. Therefore, the ideological and moral education in the legal profession

The purpose of education should serve the implementation and realization of socialist law and be consistent with its values, namely, its values of freedom, equality, security, order, justice and benefit. The ideological and moral education of legal professionals in China should include two parts: socialist political and ideological and moral quality education and legal professional ideological and moral quality education. Legal professionals should not only strengthen the cultivation of their own socialist political, ideological and moral qualities, but also pay attention to the cultivation of their own legal professional ideological and moral qualities. The socialist political, ideological and moral quality education of college students is a basic and general education. This paper focuses on the cultivation of legal ideological and moral quality of law students. The author believes that the cultivation of legal ideological and moral quality of law students should start from three aspects:?

First, establish the lofty ideal of pursuing truth and upholding justice. Seeking truth and truth is one of the basic characteristics of legal activities. Throughout the development history of human society, it is also a history of legal development. The legal activity of human society is a process of constantly discovering truth and approaching truth. Similarly, with the development of human society, human understanding of the connotation of justice has become more and more profound and complete, and has been widely recognized. The process of human exploration of truth and justice is characterized by progress and twists and turns in development, and its overall development trend is spiraling upward. To cultivate the legal ideological and moral quality of legal professionals, we should pay attention to training legal professionals to combine their just conscience with their understanding of the law in legal practice, instead of being satisfied with learning the professional logic rules and forms of the law, but answering the facts according to their own views on truth and justice, which is an unavoidable fact in the real society. ?

The second is to firmly advocate the belief of law and the supremacy of law. Advocating the law and putting the law first is the foundation of the existence and development of the legal profession. In a country governing the country according to law, the law should be the embodiment of the general will, the embodiment of justice and the source of authority. In human society, in addition to moral public opinion to judge and restrict human behavior, the legal system should be the yardstick and criterion to judge human behavior. Looking back at history, the development history of human society is a history of legal development full of hardships and frustrations. The famous Shang Yang Reform in the Warring States Period and the Reform Movement of 1898 in the Qing Dynasty are historical examples of human beings' demands for reform and progress. Therefore, not afraid of violence, not seeking personal gain, advocating and defending the law are the necessary professional ideological and moral qualities for legal professionals. ?

The third is to cultivate the spiritual quality of abiding by legal professional ethics. Legal professional ethics mainly includes three aspects: advocating legal truth, advocating procedural justice and advocating self-discipline spirit. Advocating the truth of law is the most basic part of legal professional ethics. Procedural justice that distorts legal facts will make unfair judgments on legal events, and the self-discipline spirit of legal practitioners will be out of the question. Advocating procedural justice is the value orientation of legal profession. Advocating procedural justice is the premise of maintaining judges, prosecutors and lawyers to defend legal events in the legal profession, so it can also be said that it is the premise of ensuring legal justice and legal legitimacy. Self-discipline is the basic quality that the legal profession must possess. Self-discipline needs to be acquired through education and training. In addition to paying attention to individual self-discipline, the legal profession needs to pay more attention to industry self-discipline, that is, consciously abide by legal norms. Advocating the spirit of self-discipline can highlight the excellent image of lawyers. ? In terms of cultural quality: cultural quality is the basic component of the comprehensive quality of law students. Cultural quality is a person's cultural accomplishment and quality in humanistic knowledge and scientific knowledge. It is formed by a person's learning and long-term accumulation of natural science knowledge, social science knowledge and humanistic knowledge, and gradually internalized and sublimated. Cultural quality is also the basis of cultivating law students' practical ability and innovative ability. Throughout history, with the development of society, natural science and humanities and social sciences have experienced the development trend of integration and differentiation to coexistence of integration and differentiation. In the history of Chinese and foreign education, such as China's Confucius' Spring and Autumn Period and Warring States Period.

The six arts-etiquette, music, shooting, imperial art, calligraphy and mathematics, and the seven arts of ancient Greece-grammar, rhetoric, logic, music, arithmetic, geometry and astronomy, all combine science education and humanities education. From a historical and dialectical point of view, these educational models are all aimed at cultivating all-round development people for the ruling class at that time. In the early 1950s, China's higher education followed the school-running mode of the former Soviet Union, set up specialties, emphasized the cultivation of specialized talents according to the national economic plan, and set the professional training objectives with the idea of "professional education". At that time, the educational model trained a large number of professionals urgently needed for China's socialist economic construction, which was in line with China's national conditions at that time. With the development of China's social economy, this professional education training mode has been far from meeting the needs of China's economic construction. "Professional education" makes the division of undergraduate majors more and more detailed, the caliber of talent training more and more narrow, students' basic theoretical knowledge is not wide, their cultural literacy is not high, and the social adaptability of the trained professionals is very poor. Therefore, this is not only the need for China's higher education reform to conform to the development trend of international higher education, but also the need to accelerate the pace of China's economic development and democratic political reform, expand reform and opening up and improve international competitiveness.

The main content of cultural quality education in university quality education can be summarized as the integration of science education and humanities education. The integration of science education and humanities education can be started from three levels: first, the integration of scientific and technological knowledge and humanities and social knowledge; Second, the integration of scientific spirit and humanistic spirit; The third is the integration of scientific and technological research methods and humanities and social sciences research methods.

In the highly developed science and technology and economy, as well as the increasingly frequent social communication and information exchange, legal professionals must strengthen the study of comprehensive cultural knowledge if they want to be comfortable in legal social practice. Combined with the training goal of high-quality legal professionals, the cultural quality of legal professionals should be educated according to the three levels of integration of science education and humanities education. First of all, on the level of the integration of scientific and technological knowledge and humanistic social knowledge, law students should not only master the book knowledge that their major must learn, but also strengthen the study of basic theoretical knowledge such as literature, history, geography, philosophy, aesthetics, music and art in humanistic social knowledge. In terms of scientific and technological knowledge, in addition to mastering basic theoretical knowledge such as mathematics, physics and chemistry (the relationship between basic education and basic theory of higher education is not detailed here), we should also master modern computer-related knowledge, and understand the basic theoretical knowledge of medicine, economics, management and sociology in combination with our hobbies and future career development direction. At the same time, it is necessary to understand the latest development trends and trends of modern science and technology, master the latest research results and development trends and development directions of modern information, especially in the field of law, keep up with the development pace of social times, and be a high-quality legal talent with advanced ideas and accessible ideas. Students majoring in law should strive to absorb the essence and outstanding achievements of all human civilizations, increase their understanding of nature, human society and human civilization, and prepare for their application in various legal practice activities in the future. Secondly, on the level of the integration of scientific spirit and humanistic spirit, as students majoring in law, they should strive to cultivate scientific spirit and humanistic spirit in the learning process. Among them, on the level of scientific spirit, we should not only cultivate the spirit of pursuing truth and seeking truth from facts, but also cultivate their fearless spirit and scientific spirit of not sticking to the rules, being brave in exploration and not superstitious about authority. On the level of humanistic spirit, it is necessary to train legal professionals to correctly understand and understand nature and human society, correctly coordinate the relationship between nature and human society and deal with the coordination problems of human society itself, and promote the sustainable development of nature and human society, so as to grasp the development trend of society and deeply understand the legal spirit. Scientific spirit and humanistic spirit are just a comprehensive, internalized and sublimated personality quality that a law major student must cultivate and possess. Finally, on the level of the integration of scientific and technological research methods and humanities and social sciences research methods, scientific and technological research methods include both scientific thinking methods and technical research methods. Among them, scientific thinking methods include philosophical thinking mode, logical thinking mode and image thinking mode. With the development of science and technology, the research methods of modern technology are becoming more and more intelligent. Therefore, the combination of scientific thinking method and modern advanced technical means can promote and accelerate the solution of problems. The research method of humanities and social sciences is the summary of history, system and experience, and it is the precious wealth of human society. When carrying out the cultural quality education of law major, we should guide the students of law major to fully study and apply it to the social practice of law. ?

In terms of professional quality: professional quality is the core part of the comprehensive quality of law students. Institutions of higher learning are educational institutions that carry out special education and train professionals in various disciplines and industries. The implementation of special education in colleges and universities in China is based on the classification of disciplines or social industries (occupations). In order to broaden the scope of specialty, some universities try to organize teaching by departments. However, whether teaching is organized by major or department, it is an organizational form of implementing special education, with a certain professional purpose or tendency. In order to realize the training goal of law major, it is required that the whole teaching plan should meet the training goal of law major, and then the whole teaching plan should be decomposed so that every course and every teaching activity can be organized directly or indirectly around the training goal of law major. The setting of law major aims at cultivating high-quality legal talents. The training goal of legal professionals in China should be based on the needs of the development of the times, combined with the social, political, economic, cultural and scientific conditions in China, and cultivate compound talents with excellent legal professional quality needed by socialist construction, which is also the concrete embodiment of the essence and role of law in building Socialism with Chinese characteristics. ?

Nowadays, with the rapid development of science and technology, all kinds of information are changing rapidly. The pace of globalization and integration of the world economy has been accelerated. 200165438+February 1 1, China officially became a member of the World Trade Organization (WTO) as a developing country.

Joining WTO will inevitably bring new opportunities and challenges to China's higher education. Similarly, China's accession to the WTO will inevitably put forward new and higher requirements for the cultivation of high-quality legal talents in China, and put forward higher requirements for the professional quality that legal professionals should have, so that legal professionals will learn and master legal professional knowledge more carefully and deeply. Therefore, China's law education should strive to be in line with the international standards in order to realize the globalization of law. To cultivate the quality of legal professionals, students should not only pay attention to the study of legal professional knowledge, but also pay attention to the cultivation of legal practical ability, organically combine the acquired legal professional knowledge with legal professional practical ability, and effectively apply it to social practice. The key to cultivating students' legal practice ability and innovation ability is to pay attention to the following aspects: First, to cultivate students' legal thinking ability. It is necessary to cultivate students' keen ability to observe things, analyze problems and judge problems, and use the learned legal concepts and propositions for logical thinking and reasoning. Cultivating students' ability to accurately master legal terms and correctly establish and grasp legal propositions is the basis of cultivating students' legal thinking ability. The second is to cultivate students' legal expression ability. That is to cultivate students' ability to use legal terms accurately and concisely in oral and written expression, which is the most basic professional skill requirement of legal profession for legal professionals. The third is to cultivate students' ability to explore legal facts. The ability to identify legal facts refers to the ability to prove legal facts by investigation, production, combination and evidence. In a word, the cultivation of the legal quality of law students focuses on the comprehensive application of the legal knowledge they have learned and the training of their ability to think, express and judge legal facts accurately. ?

In terms of physical and mental quality, physical and mental quality plays a guarantee role in the comprehensive quality of law students. To implement quality education in the legal profession, we should pay attention to cultivating students' healthy psychology and strong physique, and cultivate legal professionals with healthy body and mind. A famous poet once said: Without a healthy body, there is no healthy mind. The World Health Organization defines health as "health is not just the absence of physical defects and diseases, but a complete physical, psychological state and social adaptability." We can see the importance of physical health and mental health and the close relationship between physical health and mental health. First of all, we should attach importance to college students' physical health exercise and shape a good body. Whether engaged in legal professional work or other professional work, healthy body is the first. Secondly, we should attach importance to college students' mental health education. According to psychological knowledge, individual psychology refers to the psychological phenomenon that individuals have or happen to themselves, and individual psychological phenomenon is a complex system. Individual psychology can be divided into four aspects: psychological motivation, psychological process, psychological state and psychological characteristics. Psychological dynamic system determines a person's cognitive attitude and choice to the real world, which mainly includes psychological components such as motivation, needs, interests and world outlook. People's psychological process is a dynamic activity process, including cognitive process, emotional process and will process. Psychological state is a relatively stable and continuous state of psychological activity for a period of time, and the time of psychological state is long and short. Psychological characteristics are conscious characteristics that often appear in a person's cognitive, emotional and will activities, including ability, temperament and personality. As a high-quality legal professional, we should learn and master the basic theoretical knowledge of psychology, cultivate our own good psychological quality, and correctly grasp ourselves in law enforcement activities. First of all, we should cultivate law students to establish a correct world outlook, outlook on life and values. We should love the legal profession, enforce the law impartially, safeguard justice, safeguard legal dignity and people's happiness and stability. We can't abuse power for personal gain and corrupt the law. Second, it is necessary to train law students to have the ability to maintain positive optimism and strong will. It is not only dangerous but also difficult to engage in legal work. Positive and optimistic mood and strong will play a vital role in the success of the cause. Third, it is necessary to cultivate good psychological state of law students. There will be resistance and pressure from all sides in legal work, so you should be rational and calm when things happen. Sometimes it can be said that the depressed mood or depressed facial expression of law enforcement officers may give criminals an opportunity to make law enforcement activities suffer setbacks and get into trouble. Fourth, we should pay attention to cultivating law students' mind to face legal facts.

Psychological endurance, frustration tolerance and endurance are sometimes the limits of psychological endurance, frustration tolerance and endurance of the opposing sides of legal facts, and are important factors that ultimately determine the outcome or success of the contest. Finally, it is necessary to cultivate law students to establish good self-confidence, cultivate students' modest moral character and steady and courageous character. Among them, good self-confidence is the crucial psychological quality foundation that determines the success of all undertakings.

Three, the way to implement quality education in the legal profession

The implementation of quality education for law majors should start from the following three aspects: creating an environment conducive to the implementation of quality education for law majors and creating conditions for the smooth implementation of quality education; Implementing quality education through legal teaching activities; Improve the level of teachers. ?

Create an environment conducive to the implementation of quality education and create conditions for the smooth implementation of quality education. The proposal of quality education is the product of history, the requirement of the times, the social requirement of the coordinated development of the spiritual world and the material world, the objective need of the sustainable development of nature and human society, and the need of China's socialist modernization and reform and opening up. The development of quality education develops with the progress of society, and its connotation will continue to expand and deepen. Quality education must run through the whole process of higher education and teaching. It should be acknowledged that the purpose of implementing quality education in colleges and universities is to improve the quality of education and cultivate talents with innovative spirit and practical ability. It is necessary to provide human, material and financial support for the implementation of quality education and optimize the teaching environment. ?

Implementing quality education through legal teaching activities. In the teaching process of law major, in order to cultivate high-quality legal talents with innovative spirit and practical ability, the following five teaching principles must be followed: the principle of combining science with ideology; The principle of combining knowledge accumulation with intelligent development; The principle of combining theory with practice; The principle of combining professionalism with comprehensiveness; The principle of combining teaching with scientific research. These five teaching principles cover a wide range of contents, including training objectives, talent training modes, teaching modes, teaching contents and teaching methods. Only by adhering to the above five teaching principles can we scientifically and effectively implement the teaching plan and achieve the educational and teaching goals. First, reform the training objectives of the legal profession. We should change the situation that we only paid attention to legal professional knowledge education and neglected legal quality education in the past, and turn to a modern education view with the goal of implementing legal quality education, and correctly handle the relationship between knowledge, ability and quality. Secondly, reform the training mode of law professionals. It is necessary to change from "thin foundation and narrow major" in traditional education to "thick foundation and wide major". "Thick foundation" means that the basic courses of public courses, humanities and social sciences and law majors have a solid foundation. "Wide major" refers to having extensive legal professional knowledge, and the scope of legal professional knowledge is large disciplines and large caliber. The cross-integration of law and other disciplines and the overall development trend of knowledge require the legal talents to have a broad foundation, broad vision and comprehensive thinking ability. We should correctly handle the relationship between "generalist education" and "specialist education". It requires proficiency and specialization, specialization on the basis of proficiency, mastery of legal professional knowledge and mastery, and optimization of knowledge structure and intelligent structure. Third, reform the teaching content of law major. It is necessary to reform the old and repetitive teaching content and the divided curriculum system. It is required that the teaching content should be concise, reflect the needs of the development of modern society and the development trend of this subject, actively introduce foreign advanced original legal textbooks, and study the essence of human culture. It is necessary to change the divided curriculum system into a comprehensive curriculum system. It is necessary to properly handle the relationship between public courses, basic courses for law majors, specialized courses for law majors and elective courses for law majors, and scientifically arrange class hours. We should actively promote the credit system and take measures to avoid some negative effects of the credit system. Such as the phenomenon of "marking", the integrity and systematicness of teaching plans. Fourth, reform the teaching methods of law major. Teaching activities are bilateral activities between teachers and students, with both teaching methods and learning methods. Therefore, we should not only attach importance to teaching methods, but despise learning methods. It is necessary to change the traditional "cramming" and "cramming" teaching methods. In education and teaching, we should embody the idea of "people-oriented", establish that students are the main body of teaching, give students autonomy and selectivity in learning, and give full play to their initiative and creativity in the learning process. Teachers' classroom teaching, students' autonomous learning and scientific research practice should be organically combined, and teaching practicality should be strengthened. For example, classroom discussion, case teaching method, clinical teaching method, mock trial, legal aid and other teaching methods that pay attention to legal practice are not good attempts to inspire and guide students to learn independently and cultivate their innovative ability. Students' cognitive ability, practical ability and creative ability will be exercised and improved in the teaching process. Fifth, reform the teaching management mode. It is necessary to reform the traditional teaching management mode of single administrative order. It is necessary to adopt the management method of combining modern scientific management with democratic management to embody the idea of "people-oriented". Teaching management should aim at improving teaching quality and establish a scientific teaching evaluation and monitoring system. ?

Improve the level of teachers. Cultivating high-quality legal talents requires a team of teachers with good comprehensive quality. The comprehensive quality of teachers can also be summarized by ideological and moral quality, cultural knowledge quality, professional knowledge quality and physical and mental quality. A good teacher is an objective condition for cultivating good students. Teachers should not only pay attention to their ideological and moral cultivation, but also constantly enrich and improve their knowledge structure, and at the same time pay attention to their physical health and mental health. Teachers should be teachers, not only teaching, but also educating people. Teachers must learn and master the theoretical knowledge of pedagogy, master the methods and art of quality education, and enhance their consciousness of implementing quality education. Be a people's teacher with good comprehensive quality and all-round development.