模拟法庭改革刍议——以实践和实验为视角

Modest Proposal for Mock Trial Reform:From the Viewpoints of Practice and Experiment

模拟法庭作为各高校法学院或法学专业学生的重要实践课程,而备受学生的欢迎。然而,随着时代的发展和技术上的局限,模拟法庭逐渐暴露出表演性强而实用性差、理论和制度上存在矛盾和冲突等缺陷,因而需要从实践性的角度进行改革,同时要更加注重对于实践性知识的掌握和运用。此外,依据模拟法庭的一些特质,它在一定程度上可以担负起法学实验的任务,使模拟法庭的优势和作用得到更加完全的发挥。

Mock trial is an important practical course in law specialty or school of law in the university and it is welcomed by students at all times.However,Mock trial gradually exposes a few flaws and shortcomings in the course of its operation.Under the present background that legal education develops further and China＇s legal construction deepens further,how to improve or even reform the fixed mock trial model has become a new issue in law education or even in law.The paper conducts theoretical reflection and preparations for mock trial reform from two levels of practice and experiment,in order that the advantages and role of mock trial can be displayed fully both in teaching and research.