论法学院对法律硕士职业能力培养的客观限度——以CBE理论为分析框架

职业能力是法律硕士人才培养的基本目标。由于过度强调职业能力中的技能要素,在法律硕士教育实践中,出现了将职业能力简单地等同于实务技能,将职业能力与理论学习相对立,将职业能力等同于高度成熟的职业能力的错误倾向。培养目标的误读对法律硕士教育产生了多方面的危害。基于CBE理论的分析框架,法律职业能力可以解析为法律态度、法律知识、法律技能和法律经验等四个维度的能力要素。法学院的客观条件与法律硕士四种职业能力要素的匹配度,呈现出依次递减的规律性,法学院应当将培养重点放在与其现实条件匹配度较高的能力要素上。应当从适度降低人才培养目标,精简归并法律技能型课程,采取与课程性质相适应的多元化教学方法等方面入手,优化法律硕士教育,提升教育效能。

On the Objective Limit of Law Schools to the Professional Ability Training for Juris Masters: Based on CBE Theory as the Analytical Framework

To enhance the professional ability is the basic goal of the juris master education,yet unfortunately,the professional ability is directly equated to practical skills in practice due to the excessive emphasis on the skill elements in professional ability,resulting in the opposition between professional ability and theoretical study.In following,a wrong tendency appears to equal professional ability to highly matured professional ability.The misreading of the training objectives has caused harm to the juris master education in many aspects.According to the annalistic framework of CBE theory,the legal professional ability can be divided into four dimensions:legal attitude,legal knowledge,legal skills and legal experience.The matching degrees between the objective conditions at law schools and the four professional ability elements of juris master show a gradual decreasing regularity.Based on the study,the author suggests that a law school should focus its training on the ability element with higher matching degree with practical conditions,rationally lower the training objective,streamline and incorporate the law skill-based courses,adopt diversified teaching methods that are suitable for the course,optimize juris master education,and enhance the educational effectiveness.