Rethinking the Bar Exam in Respect of Developments

• Main Author: 許慧瑩
• Other Authors: Shang-Jyh Liu
• Format: Others
• Language: zh-TW
• Published: 2007
• Online Access: http://ndltd.ncl.edu.tw/handle/33015506080654826284

碩士 === 國立交通大學 === 科技法律研究所 === 95 === It has been more than 70 years since the first bar exam being held in Taiwan. During this period of time, the political and social factors led to the change of Taiwanese legal services industry. However, no matter how legal services industry changed, the bar exam failed to meet the needs of the public in time. Taking the national competitiveness and human capital factors into consideration, the goal of this thesis is to discuss how to have a better Taiwanese bar exam. In order to accomplish the goal, this research focus more on the demand side of the bar exam and provide this topic with a more comprehensive view. This thesis is divided into five parts. Chapter One serves as an introduction to this study. Chapter Two provides an overview of the Taiwanese legal services industry, and concludes that “the role of the lawyers”, “the size and the scope of the practicing field”, “the formation of the legal system”, “the quality of the lawyers” will affect the demands of the new attorneys of the legal services industry. Chapter Three examines the bar exam in the present and point out the defects .Chapter Four turns to observe the status of the bar exam in the whole process of educating new lawyers. The present system relies too heavily on the selection process of the bar exam, and therefore constitutes impediments to the normalization of the legal education. In addition, this chapter provides a brief introduction of the legal education in foreign countries and their implications to our domestic system. Based on the discussions in the previous chapters, Chapter Five proposes a practical solution to Taiwanese bar exam. In general, this study concludes that the Taiwanese bar exam should be reformed to cope with the changing regulatory environment. Therefore, the participation of the public in the reforming process, the empirical study of the domestic needs of the lawyers, and the specialization trend of the legal services industry should be noticed. Hopefully, this research could provide a more broad vision to the reform of the bar exam.