案例教学法在本科法学教育中的运用

Applying Case Teaching to Undergraduate's Law Teaching

案例教学法普遍运用于本科法学教育,旨在提高学生的法律技能。案例来源丰富,真实案例、裁剪案例、拟构案例能满足差异化的教学需求。案例教学是法学本科教学改革的重要内容,但受传统知识传授中心教学模式的影响,教学实践存在重知识、轻技能,重形式、轻内涵的现象。案例教学价值的实现依赖于教学过程的有效组织,尤其是学生对教学过程的有效参与。教学方式的调整与规范是案例教学目标实现的有效途径,即重视法律技能与法律思维、法律方法的内部联系,锻炼学生构建前提、完成涵摄并独立形成法律判断的能力。

Case teaching, which is widely used in undergraduate law education, can improve the legal skills of students. Cases come from many ways, including real cases, tailored cases and simulation cases. These cases all can satisfy different demands in teaching. Case teaching is one of the important contents about un- dergraduate law courses reform. Influenced by the traditional method, some phenomena appeared like laying particular stress on knowledge and form, despising the skills and connotation. However, the value of case teaching mostly depend on the effective organization and participation for students during the teaching process. Adjusting and normalizing the teaching methods are effective for achieving the aim of case teaching. In other words, we should pay more attention to the inner relation about legal skills and methods. At the same time, students must be trained the capacity about how to getting premise structure, subsuming and in- dependent judge ability for law.