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目前,法学毕业生就业相当困难,其中一个重要原因就是目前本科院校的法学教育存在诸多问题。如重视法学理论能力的培养,忽视法学实务操作技能的训练、相对重视法律知识的机械传授而忽视法学生思维素养的培植等等。随着经济社会的发展,法律条文会发生变化,但其中的内核即法律人的思维方式不会变。笔者先通过几个概念的分析和比较推出法官职业思维这一概念。接着,开始论述法学本科生思维方式的应然状态。然后,再推出目前的法学本科生思维方式的实然状态,引出与应然状态存在差距的结论。论述法学本科生思维如何从实然状态培养成应然状态的几个途径。
At present, the employment of law graduates is quite difficult. One of the important reasons is that there are many problems in law education in undergraduate colleges at present. Paying attention to the cultivation of the ability of legal theory, neglecting the training of practical skills in law practice, paying more attention to the mechanical teaching of legal knowledge and ignoring the cultivation of law literacy of law students. With the economic and social development, the legal provisions will change, but the core of the legal person’s way of thinking will not change. The author first through the analysis of several concepts and compare the concept of judge career thinking. Then, we begin to discuss the proper status of law undergraduates’ ways of thinking. Then, the current state of law undergraduates in law is introduced and the conclusion is drawn that there is a gap between what should be and what should be. Discusses how the law undergraduates’ mentality can be cultivated from the true state to the proper state.