叙事民法学的构想与任务——当前民法案例教学的现状与改进

Conception and Task of Narrative Civil Law:Status Quo and Progress of Cases Teaching of Civil Law

针对规范民法学影响下的民法案例教学的缺陷和不足,应当建立以特定案例环境中的具体参与者为出发点的独立的民事案例教学——叙事民法学,可以让包括原告、被告、法院以及案例教学的其他参加者在内的各类主体拥有参与、言说的机会,让法之思考者不仅是亲临言说者们的场域,推动民法案例教学从规范性偏好向事实性与规范性并重转变。

In the past, the cases teaching of civil law has its particular deficiency and shortage under the influence of powerful regularity civil law. In order to overcome the faults, the independent cases teaching of civil law, known as narrative civil law, should be established, which starts from the specific participants under a special case surrounding. The cases teaching of narrative civil law has the advantages that all subjects including the plaintiff, the defendant, the court and the other participants in cases teaching have the chance of participating and expressing. Besides, it is possible for the thinkers of laws to be present at the spot of expressions. In short, the teaching can transfer the only orientation of regnlarity into focus on both facts and regularity.