诊所法律教育中培养学生认定案件事实的能力

Developing Students' Ability of Case Facts Determination in the Clinical Legal Education

法学本科教育培养的重心从"法学人才"向"法律人才"的转变已是不可逆转的趋势。忽视对学生认定案件事实能力的培养是当前我国法学教育存在的最大问题。认定案件事实是指根据程序法规定的证明手段和方法,对争议事实进行判断和确认的一种纠纷解决活动。培养学生认定案件事实能力的关键在于能否正确掌握认定案件事实的方法。对于认定案件事实方法的学习,传统法学教育模式力不从心,即便是我们通常理解的法律实务教学也难以取得理想的教学效果。通过诊所法律教育尝试,在学生全程参与案件审理、审查起诉或者直接从事案件代理、辩护、提供法律援助的过程中,指导学生学习掌握认定案件事实的具体方法,并进而培养学生认定案件事实的能力。

It has been an unavoidable trend that the focus of law education in undergraduate level is transferring from ＂law talents＂ to ＂legal talents＂. It remains to be the biggest problem in the contemporary law education in China that the development of students＇ ability of case facts determination is neglected. The case facts determina- tion refers to the activity to solve the dissension by the judgment and determination of controversial facts according to the means and methods prescribed by the procedural law. The key factor to develop students＇ ability of case facts determination lies in whether the students can appropriately command the methods of case facts determination or not. As for the method study of case facts determination, the traditional pattern of law education is in difficulty, and even the practical law teaching commonly accepted can not reach its ideal effects. Through attempt of clinical legal education, teachers instruct students to learn and command the specific methods of case facts determination and then develop their ability of case facts determination in the whole process in which the students participate in case trial, investigation and prosecution, or directly undertake the role of case deputy, defense and law assistance.