A BRIEF INTRODUCTION TO THE LEGAL
EDUCATION IN CHINA
Wang Weiguo*, China
University of Political Science and Law, China
China’s legal education may be traced to the ancient time. The political ideology of the Confucian school, which contains the principal norms and rules in order for a peaceful and harmonious society, was the fundamental knowledge to all students. Unified written law appeared from Qin Dynasty (221-206 B.C.) and institutions for legal education existed in the successive dynasties.
In later 19th century, along with the introduction of western law, the modern legal education developed in China. The first law school of the nation, named “Legal-Political School", was founded by Qing government in 1907. Up to 1909, China had 47 law schools with 12,282 students in campus. In the first half of the 20th century, the legal education got rapid development, providing a great deal of personnel for judicial and governmental agencies.
Since the founding of the People’s Republic in 1949, China’s legal education has experienced a tortuous journey. In early 1950s, as a result of merger and reorganization of the law schools left from the old age, a new system of legal education were initiated, that was strongly influenced by the Soviet model. The enrollment of law students was 2,824 in 1956. Then, responding to the political campaigns, the development of legal education was restricted. Anyhow, in 1965 there were still nine law schools with 4,144 on-campus students and 857 graduates. During the Cultural Revolution (1966-76) almost all the law schools were closed and dissolved, with only two of them survived. In 1976, the legal education was at its last gasp --merely 49 law students graduated and 410 in campus and virtually no law course provided.
Responding the strong appeal for strengthening legal construction in the new era, a large scaled enrollment in law schools appeared in 1978, and then more and more law schools were restored or newly-established year by year. For illustration, China had 330 law schools in higher learning with about 70,000 students on-campus and 90,000 out-of-campus in 1999. All of these schools grant LL.B degree and some of them grant LL.M and even LL.D degrees. Besides, there are a large number of law students studying either in TV universities or under the program of national self-study examination. There are also lots of professional schools at senior-middle level with around 20,000 students on-campus.
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.
2. 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’s 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 1980s, China’s law schools offered students for all the different degrees a number of study programs. In other words, students were divided into various specialties. For example, the Southwest University of Political Science and Law provided programs of law, economic law, international economic law, criminal justice and so on. Each of them had its special course settings. Under the guideline of training legal professionals with wide and multi background, all the study programs for LL.B students was nationally integrated into one general program of law in 1998. The Ministry of Education required that 14 “core courses” must be set for all LL.B students, namely, (1) Chinese constitution, (2) jurisprudence, (3) civil law, (4) criminal law, (5) civil procedure law, (6) criminal procedure law, (7) administrative law and administrative litigation law, (8) Chinese legal history, (9) introduction to economic law, (10) introduction to commercial law, (11) intellectual property law, (12) international law, (13) international private law, (14) introduction to international economic law. In our University, contract law is added to the list as the 15th “core course”.
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’s 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 “combination of theories and practice”. It means that, simply speaking, students must know not only “what” and “why”, but also “how”.
2. 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.
3. Socrates Method
It is used to be quite common that law students do nothing but listen to lectures and bury themselves in recording. This situation has been long criticized and the Socrates method, or in Chinese usage “elicitation method (Qi-fa-shi)”, is always encouraged. Now more and more law teachers find pleasure in using it. Sometimes this method is applied in case study.
4. Case Study
Explaining legal rule by showing a case is a successful way in class teaching. Furthermore, in order to train the skill of legal reasoning, teachers often introduce the facts only and let students express their own opinion. Case analysis composes a part of examination in many of the courses.
5. Mock Court
Sometimes students organize mock court themselves under their teacher’s guidance. They are divided in several groups, i.e. judge, plaintiff and defendant for instance. The groups make preparation collectively and then elect their representative to act in the court. In that way almost all the students have the chance to participate and get unforgettable experience.
6. Comparative Study
As a result of the open door policy, knowing more about foreign law has become a fashion in law schools. Comparative study is proved to be a good method for students to understand Chinese law better. On the other hand, knowledge about foreign law is also useful for lawyers to deal with international legal affairs.
* Professor of Law, Dean of the Department of Economic Law, China University of Political Science and Law, Beijing, China. E-mail Address: wgwang@public.bta.net.cn