Analysis of Students' Legal Consciousness extracurricular training  淺析學生法律意識之課外培訓

Abstract   摘要

Legal consciousness contemporary college students significantly improved than before, but also a lack of endogenous fundamental legal beliefs. This article from the legal psychological, legal concepts and legal theory to explore how to strengthen the three levels of legal consciousness of college students in extracurricular training. In this paper, to strengthen legal information Discrimination college media guide and support the students' attention to social and legal life practice, prompting the formation of the rule of law students legal psychology; levels through school discipline school rules, legal community level, academic papers and graduation design (thesis ) links, student complaints processing chain to achieve legal concepts in college students in extra-curricular multi-channel transmission; suggested that schools use new media departments have chosen to do legal theory marketing efforts.
當代大學生法律意識比以前顯著提高,但還缺乏內在基本法律信仰。本文從法律心理、法律概念和法律理論出發,探索如何加強大學生在課外培訓法律意識的三個層次。在文中，加強對法律信息歧視的大學媒體引導和支持學生關注社會和法律生活實踐,促使學生形成法律心理。
 Rousseau once said: 'The most important among all the legal laws, neither is engraved in marble, nor is engraved on a copper sheet, but etched in the hearts of citizens within it form a truly national constitution, which every day in obtaining new strength, when the demise of old age or other laws, it can resurrect those laws or in lieu of those laws, it can keep the spirit of a nation. ' Bi Therefore, a national law can be strictly enforced and actively compliance depends fundamentally on people's legal awareness. With the deepening of social legal education, legal awareness of contemporary college students than in the past has been significantly improved, but still lack the fundamental laws of endogenous beliefs.
盧梭曾經說過:“所有的最重要的法律,即不是刻在大理石,也不是刻在銅表上,而是銘刻在公民的心中，在它形成一個國家的真正憲法,它每天都在獲得新的力量,當舊時代或其他法律消逝,它可以恢復這些法律或代替法律,它可以保持一個國家的精神。“
Professor Zhang Wenxian he edited the 'general theory of law,' a book of the legal consciousness as a 'group or individual is linked to psychological characteristics, the phenomenon of people about France cognition, emotion and volition sum of its contents including the phenomenon of French people know, understand and grasp; law norms and legal acts on emotions, evaluation and attitudes; phenomenon for France wishes, requirements and expectations. performance in the form of the mentality of people about France phenomena, concepts, theories . ' vertical article from the legal psychological, legal concepts and legal theory to explore how to strengthen the three levels of legal consciousness of college students in extracurricular training.#p#分頁標題#e#
First, strengthen legal information media Discrimination guidance, attention and support students' social and legal life practice, prompting the formation of the rule of law students in legal psychology
Legal psychology is the initial stage of awareness of the law, is social subjects in a certain social conditions and traditional cultural atmosphere, according to their own social and legal practice of life and feelings and the formation of the law's intuitive, superficial, partial, fragmented understanding, feelings, emotions, experience and other subjective mental activity and reflection. Legal psychology is the concept of the spirit of the source of law, legal theory is the potential spread of power. The law exists today useless psychology, psychological fear of litigation, the rule China psychology, a serious impediment to law students awareness. Therefore, to truly improve students 'awareness of the law, the rule of law must actively guide the legal psychology, which is Students' Legal Awareness priority.
 
Research shows that in modern society, the media has become the most important source to acquire knowledge, one of the minds of people on the 'social picture' more than 80% of the information through the mass media learned.  half-grown beans mass media to disseminate information can be decomposed into two levels - surface meaning and deep significance. Students in the Ivory Tower little is known about the nature of the media, for the media to understand legal information easy to stay on the surface meaning, are often unable to decipher the message behind the deeper meaning, easily controlled by the media legal information. Therefore, legal awareness training college, college students should pay attention to legal information media Discrimination abilities, namely college students face a variety of legal information media demonstrated ability to understand, questioning the ability to evaluate abilities, prompting students to correctly understand Legal information media, the formation of the correct legal psychology.
 
Ideological Teachers College can contact two colleges way through the event propagation method to strengthen the students' media guide Legal Information Analysis. These events spread dissemination of information carriers should be hot social issues of interest to students. Students use the audience for news is much higher than the level of trust instilled characteristics, effectively reducing their psychological rejection degrees, play a role in helping students to discover the effectiveness of the law. Students concerned about the incident while in active, naturally receives the relevant legal information, but also will not produce objectionable. However, university students have seen and heard in the media legal information, many may be negative message. Therefore, in the process of collecting event information, guides to dig deeply hidden behind those negative information relevant content, appropriate legal information media do a good job discrimination guidance, so students by example to judge for yourself what is the nature of law, legal in the end is to control public power tool or a means of restricting private rights, whether the law useless, the law in the end whether the defects. Analysis of the process of this judgment, the correct legal psychology of college students in shaping should be said has a very important influence.#p#分頁標題#e#
 
In addition, university students should consider establishing an internal legal aid centers, focusing on students' off-campus work-study, consumption, off-campus internships, and other social and legal life of their own business practices, providing them with timely legal issues doubts, so they often realize that the law value exists.
Second, the legal concepts in college students in extra-curricular multi-channel transmission'Marxism is a global legal instrument on restricting our values and the rule of law to achieve the objective of the theory.'  Feng Students generally value the utility value of the law, but the lack of reason, justice, order, equality and other core values of the legal recognition. College students lack of legal beliefs, fundamental values is due to lack of legal recognition. Therefore, the legal information dissemination process, we should especially focus on the spread of legal concepts, especially extracurricular spread. After all, the individual preferences optimal arousal level, too low and too high level of stimulus is not able to make individual satisfaction, and moderate levels of stimulation enables individuals to get the satisfaction of the arousal level, so that the behavior of the individual to have enough drive force, classroom repetitive stimulation will reduce arousal level, and various forms of legal concepts extracurricular communication, to achieve optimal arousal level of college students.
 
Legal concepts that people reflect on the process of legal phenomena in the formation of relatively conscious, relatively stable, and contains a certain level of consciousness rational component. It is in the middle level of awareness of the law, is to contact legal intermediary psychological and legal theory and transition. College students should pay attention to the legal concept of extra-curricular spread, especially the supremacy of law, equality applicable standard of right, the concept of due process and other extracurricular transmission. Lack of a proper legal concepts of support for law students, legal interpretation of publicity will be more passive acceptance, it is difficult to be fixed way of thinking internalization recognized. Thus, the spread of legal concepts should be the focus of legal information dissemination.
 
So, How To Strengthen The Concept Of Law Students In Extracurricular Spread It?(A) school discipline school rules at the level of legal concepts spread one.Introduction of scientific and democratic school discipline school rules establish procedures to organize students to actively participate in the formulation of school discipline school rules CPC Central Committee and State Council 'to further strengthen and improve ideological and political education' clearly states: 'To establish and improve coordination with the laws and regulations , dovetail with the overall development of higher education, students' growth compatible with the ideological and political education and management of the institutional system. 'Obviously, this opinion requires universities to develop science school discipline school rules, and constantly improve the level of law school.#p#分頁標題#e#
 
Most of the content of University Regulations are based on the relevant provisions of laws and regulations enacted more focused, operational rules, or is not covered in the laws and regulations,according to customary practices or innovations generated rules. So in a legal context, universities regulations can be seen as an extension of the legal regulations and supplements. 'Higher  Education Management in the process of school rules, while not equal to a narrow legal, but both in the physical value, the value of even the standard form characteristics are not essentially different, theircharacteristics are that a complete set of aims and procedures of entities guidelines and rules to regulate people's behavior and resolve disputes ' Zhi. Therefore, the development of school discipline school rules should also have democracy, openness, negotiations and other major legislative program properties.
 
However, we understand that many colleges and universities are widely implemented and closely related to the vital interests of students some school discipline school rules are developed by the students of the department in charge of brewing in the submission before consideration is basically neither solicit the views of students, nor listen to organize legal experts opinion. However, modern program information should be diverse sources of information that should be diversified. Therefore, based on the needs of law school, the introduction of scientific and democratic school discipline school rules establish procedures must be to organize students to participate in school discipline school rules-making process as a necessary condition.
 
2. Teachers and school discipline rules and regulations of the existing organization of the contents of legality and legitimacy of the legal review of the campus spread to attach importance to examine the concept of school discipline school rules legality of the content validity, in particular, to review the degree qualifications awarded, disciplinary action, assessment and other honors aspects, whether to restrict the student's basic rights. After all, the right to restrict students' basic rights, only the narrow national law, in addition to laws enacted by the NPC and its Standing Committee, other students may not have the basic right be limited.
 
The purpose of university education is to train students into all-round development of high-quality creative talents. Therefore, any school discipline school rules on the content must be from the comprehensive development of students' overall interests, represents the overall interests of the students exercise school discipline school rules-making power, thus to balance the interests of individual students and the contradiction between the interests of the school. Based on the overall interests of the students school discipline school rules formulated to neutralize the right position, so the school discipline school rules objectives and content of the more reasonable the more legitimate. Today, many of the school discipline school rules and regulations exist in the overall interests of the student typically equivalent to interest of schools, which is very wrong.#p#分頁標題#e#
 
Universities can of Academic Affairs, Student Affairs Office, the Communist Youth League, two colleges at all levels, organizations and students on school discipline school rules existing contents of legality and legitimacy of the review, and the courage to do not recognize the legitimate and correct improper content, so that law school really become possible. And use it as an opportunity, in each two colleges, departments to carry out learning 'normal college student management regulations', 'Student Handbook', etc., and constantly enhance student self-learning, self-education's ability to better protect schools and students' legitimate rights and interests of both sides.(two) Students' Law Society at the level of legal concepts spread American University attaches great importance to students in extracurricular activities to encourage students to set up a variety of extra-curricular activity groups. They believe that the effect of undergraduate education and student time spent on campus and students to participate in various activities proportional to the mass. Our domestic colleges and universities should actively seize the student club activities this link. U.S. media scholar Xuan Weibo in his 'Media - Information and person,' a book early to remind people: 'to participate in mass by the relationship of people, all with a mind filled with a lifetime of experience come to interpret incoming information, decide how to respond. two people to communicate effectively, you must have some experience of the two sides shared storage place. ' Zhi Therefore, the mission of disseminating legal concepts students still rely largely of college students' opinion leaders' communication activities to complete, and these opinion leaders can basically determine the legal community as student leaders. Although these opinion leaders are a minority, but actively play their 'proliferation' role, can play an unexpected good results. U.S. scientists Rogers Communication presents innovation diffusion theory, he pointed out that innovation system of things in a society continues to spread it, there must be 10% -20% of people adopt this innovative material, when the proportion of innovation diffusion reached a 'critical Most of the 'point on, the diffusion will enter the fast diffusion stage. Community college can be given special legal status of associations, to give full play to the legal community can play a 'diffusion' effect. For example, the university may require each class member to create a legal advocacy, legal advocacy committee by law societies unified management. Through the legal community development efforts from a number of legal concepts with the correct legal advocacy committee, and then continued to spread through them away, until you reach the 'critical majority.'
Universities through the Communist Youth League, Student Office, Department of Social Sciences and other relevant departments to strengthen the Students 'Law Society of effective management and operational support, legal associations should be focused on college students' legal concepts of communication and popularization. Why? Not all universities have law, legal community members may not have good legal knowledge, but also members of their own in the accepted legal information, there may be omissions and lack of information, they will often communicators memory according to their own understanding of legal information re-organize and re-processing, so the 'Boulevard message' it is easy to become 'grapevine' rumors 'on the deviation of the rule of law students subjectivity construction will cause serious adverse effects.#p#分頁標題#e#
 
Students involved in the structure of thinking of the many specific issues need to be addressed, and thus their thinking with a more intuitive and concrete. That is, the students thought structure is perceived mode. Therefore, community colleges and universities to actively organize legal guide Legal Experience. Such as university students organized visits to prisons, to attend the trial, volunteers participate in community corrections work, or organize students to use summer vacation on social security issues, property disputes, family disputes, such as the implementation of the new law on local and legal issues related to social research. College students through participation in extracurricular activities in the practice of law, actually establish the supremacy of law and other legal concepts.(Three) academic papers and graduation design (thesis) links in the legal concepts spread graduate design (thesis) to complete a full course of study of college students took to the community before the last one important teaching, college students in extracurricular completed a comprehensive independent operations. Graduation design (thesis) to complete the course, students must collect, compare, draw relevant issues on the basis of research data, independently under the guidance of teachers to complete foreign language translation, literature review, opening report, text and other papers. In just a few months, to complete the above content quality students, especially the writing of innovative papers, no previous foreshadowing, there is a great difficulty. Therefore, all colleges and universities have the necessary papers to introduce school system, students are required to sophomore, junior academic writing academic papers, if the three-year, it is only a sophomore writing academic papers. Instructor in guiding the students to complete the process of academic papers and thesis, we should take advantage of the instructor's special status and role of academic misconduct detection system with the use of student work on the creation of independence, innovation, strict requirements. Such awareness of the Copyright Act implanted student's academic thinking and behavior, virtually played a double effect, not only to ensure quality papers, and strengthen the student's rights-based concept and effectively protect the rights of the departure from the drive's obligations.
(Four) student appeal aspects of the legal meaning of the concept of the rule of law in the spread of the 'ideal social order or status', which means in the legal and administrative powers exercised within reasonable limits, protection of the rights of the individual states. Effective dissemination of the legal concept of the campus will inevitably require the students right to education Relief System. The right to education for students in colleges and universities relief system is mainly appeal system incurs school cancellation of admission, withdrawal or disciplinary process for students, because of the sanctions against the school (or process) decision within the statutory time limit student complaints handling complaints Committee (referred to as 'learning Bidding Committee') filed a complaint requesting learn Bidding Committee for review and decision system.#p#分頁標題#e#

But the 'ordinary college student management regulations' established by the school system of appeal, oversimplified, operability is not strong, many schools have developed their own implementation rules complaint, but shows more improper procedural requirements. If we are proceeding with the substantive rules according to changing circumstances to arrange good and evil, can appear four modes: one mode is 'due process of good deeds,' two mode is 'due process draconian' three level model is the 'good ways to improper procedures,' four modes are 'no good ways to program.' Among them, the two models have the effect of 'If the parties can be tolerated,' the effect of three modes of 'denial of justice complaining party.'  Yan visible, the establishment of a just and reasonable internal grievance procedures, the establishment of good school discipline school rules than the substantive provisions more important. Fair and reasonable procedures for the application, for the parties and others involved in the appeals process after the behavior and attitude of the students will play the role of beliefs implied that they would believe in such proper procedure if applicable conclusion is fair, help build students equality applies, due process and other legal concepts.

In Order To Better Dissemination Of Legal Concepts, Still Need To Improve The Existing System Of Internal Appeals Following Aspects:
1. Created with neutrality and representative school Bidding Committee. The agency should be independent of school management bodies, the composition should have a good level of legal thinking, especially good at thinking through the program, follow the 'look to the past,' the habits, focusing on logical reasoning, emotional sense, etc. can be treated with caution . Therefore, learning Bidding Committee is composed of the person in charge can not have schools, the relevant departments responsible person, but people should be legal expertise, as well as have better law-school level of thinking known education experts, representatives of teachers, student representatives, parents' representatives at certain proportions.
2. Improve internal complaints procedure. Learn Bidding Committee reviewing appeals process should be open, not secret operations, and in handling complaints should be introduced avoidance system, hearing system, so as to ensure that the results of open and fair.
3 clearly campus appeals body power. 'Ordinary college student management regulations' Article 62 stipulates: 'Student Appeals Committee in handling complaints against students for review, and the date of receipt of a written complaint within seven working days, inform the complainant to make a review of conclusions and people. need to change the disposition of the decision, by the Student Complaints Committee decided to re-examine the school. 'Under this provision, learning Bidding Committee no power to decide, only recommendatory powers, learning Bidding Committee useless. Thus, given a certain school Bidding Committee decided to change the disposition of the school authority is law school's needs. In fact, such cases only learn Bidding Committee based on their independent status, through rational thinking, make transcendent action to review the decision to make it more authoritative.#p#分頁標題#e#
Third, the school authorities actively use new media have chosen to do legal theory marketing
Legal theory is that people in the process of legal phenomenon reflects the formation of systematic, rational, conscious of the form of thinking, which includes a series of awareness of law concepts, categories, perspectives, principles, principles. It is the highest level of awareness of the law, with a clear general, guidance and systematic characteristics. Legal concepts are important, but the law of faith formation absolutely inseparable legal theory training.
 
United States, 'Connection' magazine on the definition of new media: 'Everyone against everyone's communication', it is stated that the most important feature of the new media is to emphasize the sharing and interaction. Sharing of information resources in the era of the information students have a strong right to choose, as before universities can no longer theoretical way to instill the spread of legal theory, but should actively use new media students keen imperceptibly pass the latest legal information to our students. In fact, this does not mean that the spread of more difficult, on the contrary, the Internet so that students began to 're-massed' in the Focus interior can be multi-point communication, communication becomes easier. Schools should actively cooperate with relevant departments to create student 'Student Legal Information Web site.' Students now perceived by the mode of thinking structure, determine the precision of legal information dissemination, fragmentation is becoming a university student a tendency legal information dissemination. As marketing guru Philip Kotler said: 'Only in the face of a smaller range of audiences, advertisers can get the best results.' Similarly, 'student legal information site' can be further divided into social chapter, study articles, employment papers, articles and other emotions, by the type of student opinion leaders responsible for updating block specific content and interaction, school teacher assigned to specific professional guidance and checks can be. The site does not have to run too much specialization, if the spread of legal theory websites motive is too strong, the students will visit the site of the high state of tension in the body, their attention and perceptual range becomes narrow, but to restrict the normal Legal information website learning activities, which also will make the site legal theory transmission effect is greatly reduced.