论文部分内容阅读
近代社会转型急需大量的法政人才,在国家与社会共同推动下,留学日本及欧美的法政学生激增,“野鸡大学”、“速成班”与函授大学大行其道,贩卖“汉密尔登”假留学文凭猖獗。近代国家采取多项举措应对,取得一定效果,但无法从根本上杜绝这种假冒现象。国家授权包括律师公会在内的社会组织参与监管,但在南京国民政府以前仅流于形式。南京国民政府建立,国民党政府改变了以往“司法不党”传统,对律师公会进行了改组,提高了社会组织参与治理的能力与积极性。在国家与社会对留学生文凭共同监管中,上海律师公会发挥了主导作用,相关国家机关不仅切实地配合了留学文凭监管,而且改变了传统社会治理方式,激发了社会组织活力。通过国家与社会组织的共同监管与治理中的良性互动,有效地治理了近代留学生文凭的泛滥与假冒现象。
In the modern society, a large number of legal and political talents are in urgent need of transformation. With the joint promotion of the state and society, the popularity of law and government students studying in Japan, Europe and the United States has surged, and “Pheasant University”, “Crash Course” and Correspondence University have become popular. Deng “fake diploma to study rampancy. In modern times, many measures have been taken by the state to achieve certain results, but this counterfeiting can not be fundamentally put an end to. The State authorized the social organizations, including the lawyers’ association, to participate in the regulation, but only formalized before the Nanjing National Government. After the establishment of the Nanjing National Government, the Kuomintang government changed its previous tradition of ”judicial non-partyism," reorganized the lawyers’ association, and enhanced the ability and enthusiasm of social organizations to participate in governance. In the joint supervision of the diploma by the state and the society on foreign students, the Shanghai Law Society played a leading role. The relevant state organs not only effectively coordinated with the study abroad diploma, but also changed the traditional social governance and stimulated the vitality of social organizations. Through the positive interaction between the common supervision and governance of state and social organizations, the proliferation and counterfeiting of modern diplomas in foreign students have been effectively ruled out.