英文關鍵字 |
Law professional qualification examination, National examination, Bar examination and training, Judicial officers examination and training, Civil service examination and training, Practical learning, Professional cultivation training |
英文摘要 |
Following the conclusion of the Judicial Reform Conference, the reform plan for law professional qualification examination has been launched. It attempts to integrate the current incongruent examination and training with the goal of constructing a consolidated examination and training to achieve the identical level and quality of law professionals. Specifically, the reform plan requires law professionals serving in social departments, government agencies, and judicial offices to provide legal services of the same professional level. This ensures that the rule of law can be implemented in every department, which hopefully will gain more trust for the law profession as well as promote the status of law professionals. This research project provides assessment and recommendations for reform plan by referring to the integrated process of thorough legal education and training in Germany as its system is designed for the purpose of cultivating the identical legal professional level. First of all, this article argues that since the law professional qualification examination contains tests designed for judges, prosecutors, lawyers, and civil servants of the legal system, the examination should be regulated through a special law and be in compliance with the principle of legal reservation. Secondly, the research provides evaluation and suggestions for the planning of the first stage of the law professional qualification examination with respect to the qualification of examinees, the examination subjects, and acceptance criteria. Thirdly, for the planning of the second stage which covers the selection of professional domain diversion and professional cultivation training, this research suggests that the fairness of the selection process must be considered and the content of the professional cultivation training must be integrated with the practical learning of the first stage. Lastly, concerning the feasibility of including other legal professionals in the first stage of the law professional qualification examination in the future, given the requirements of the law profession and the content of the job, it is recommended that administrative executive officers, notaries, and private notaries could be included. |