司法改革と法曹養成教育
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概要
- 論文の詳細を見る
Today the expansion, diversification and internationalization of social functions of the legal system have diversified and increased legal problems and disputes, resulting in not only the increase of lawsuits but also the increase of legal services outside the court. It seems physically impossible to cope with these social situations with"a small judicature"of our country. The small population of lawyers not only makes it impossible to realize"judicial reform"which will be able to meet people's diversified needs but also jeopardizes the very"rule of law"of our country. Therefore it is of urgent necessity for a law-governing country to have an increased population of lawyers. Of course, however, the reform of law apprentice training must aim at not only the "quantitative improvement"but also the"qualitative improvement"of lawyers. We must not forget that the increased number of lawyers does not necessarily guarantee the quality of lawyers which satisfies the requirements of the Japanese society. In order to improve the quality of lawyers, the conventional state law examination and the judicial training system are not sufficient and it is necessary to establish a new law apprentice training system. Here I will review the way of the conventional state law examination and judicial training. I will discuss the ideal way of a law school as a specific policy of establishing a new law apprentice training system and will also discuss what the law department of a university should be as a place of basic training for lawyers. The specific topics are as follows : 1.Introduction 2.Judicial Reform and the Problem of Lawyer Population ・The Pros and Cons of Increased Lawyer Population ・Increase of Lawyer Population and Law Apprentice Training 3.The Problem of Lawyer Population ・Need of Increased Lawyer Population ・Unbalanced Population/Depopulation of Lawyers and Lawyer Population ・The Legal Aid System and Lawyer Population ・Defence of a Criminal Suspect, Legal Consultation and Lawyer Population 4.Law Apprentice Training System ・The Actual Situation of a State Law Examination ・Problems of a Legal Training System ・Ideal Way of a Law School ・The University Edcation at the Law Department 5.Conclusion
- 日本法政学会の論文
- 2000-05-15