The Transformation of the Functions of Judicial System and Reforms of Legal

本文以东亚三国的司法职能变迁及其对法律培训制度的影响为研究对象。1)韩国：虽然在法学专门学校制度的制定上比日本先行一步，但由于法律界人士和法律界人士的反对，最终未能实施。但是，继日本之后，韩国决定引进她的法学院。韩国法学院制度的独特之处在于，设立法学院的人数和职员的数量是根据司法考试合格者的数量向后推算的，而设立法学院的学校将废除现有的法学院。2)台湾：诉讼数量也在增加，提高司法系统的质量是当务之急。因此，司法培训改革是一个有争议的问题。据悉，从2005年开始，引进日本式法学院的方案迅速出现，法务部和文部科学省也决定采纳该方案。各大学同时表示反对该计划，整个过程陷入了僵局。3)中国：虽然实行了司法统一考试，但法律职业的质量并没有得到应有的提高，更糟糕的是，偏远地区的法律职业严重缺乏。司法机关独立后，法官没有适当地尊重司法独立的原则。关于审判委员会、法院内部质询制度和中共政法委员会干涉司法独立的问题一直存在争议。

This study is about the transfiguration of judicial functioning and its impacts on legal training system in three Eastern Asian countries.1)Korea: Though, Korea was ahead of Japan in planning the law school system, it was not implemented, because it was opposed by persons in the legal professional and legal educational circles. But, after Japan, Korea decided to introduce her style of law school. What is distinctive in the system of Korea's law school is that the numbers of establishing law schools and their staffs are determined by a counting backward from number of persons, who passed the final bar exams, and schools, which establish law schools, would abolish the already existing school of law.2)Taiwan: The numbers of litigation have also increased and upgrading the quality of judicial system are matters of great urgency. Consequently, reform of judicial training is an issue under debate. Since 2005, there has been rapid emergence of the plan to introduce Japanese style of law school and there are reports that both Ministry of Justice and Ministry of Education have determined to adopt this plan. The Universities simultaneously expressed disapproval of the plan and the process got stuck.3)China: Although the Unified Bar Exam has been introduced, the quality of legal profession has not been progressive in due course and what is even worse is that there is serious in lack of legal professions in the remote areas. After the introduction of independence of judicial branch, the judges have not respected the principle of judicial independence in due course. There have been some debates about the problems of interference of judicial independence by the Judicial Committee, the internal inquiry system in the courts and the committee of politics and law of the Communist Party.