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1995年4月国务院学位委员会发布的《关于设置法律专业硕士学位的报告》中就明确指出:“为使法律专业硕士学位教育与法律职业职位(岗位)的任职资格或任职条件适当衔接起来,建议中央政法主管部门在制定有关职位(岗位)的任职条件或任职资格时,对法律专业硕士学位获得者在取得相应职务方面有一定的考虑。”但在现实生活中法律硕士报考法律类公务员却屡屡受限。像江苏省法律类公务员的招录公告中,招录机关就以“本科阶段必须为法律专业”为由限制法律硕士(非法学)考生的报考,而这无疑与当初设置这一学位的培养要求背道而驰。另外,从依法行政的角度来看,该规定与我国《公务员法》、《法官法》以及《检察官法》等相关法律规定相冲突,缺乏合法性和合理性。面对这样的限制条件,需要通过建立人事部门统一审查招录公告的机制、完善公务员招录监督体系等相关途径予以修正和完善。
In April 1995, the State Council Academic Degrees Committee promulgated the “report on the establishment of a master’s degree in legal profession,” it clearly states: “In order to legal professional master’s degree education and legal career positions (positions) qualifications or terms of employment appropriate convergence, It is recommended that the competent department of political affairs of the central government and the competent department of the political science and law should take certain consideration in obtaining the relevant posts when setting the terms of office or qualifications for the relevant posts (posts). ”However, in the real life, law masters apply for legal civil servants But often limited. In the solicitation announcement of legal civil servants in Jiangsu Province, the recruiting authorities restricted applicants for the Master of Laws (illegality) on the grounds that “undergraduate course must be a legal major ”, which is undoubtedly in line with the original establishment of this degree Training requirements go the opposite direction. In addition, from the point of view of administration according to law, this provision conflicts with relevant laws and regulations such as “Civil Servant Law”, “Law of Judges” and “Prosecutor’s Law”, which lacks legality and rationality. Faced with such restrictions, it is necessary to revise and improve relevant mechanisms through the establishment of a mechanism for the unified examination of recruitment announcements by the personnel department, and improvement of the system for recruiting and supervision of civil servants.