论本科生法律方法教学模式的创新

On the Innovation of the Teaching Mode of Legal Methodology at Undergraduate Level

当前国内法学院校开设本科生法律方法的实践中,仍存在课程设置体系化较弱、教学层次缺乏设计、教学方式较为僵化等症结。为解决这些问题,应从教学层级体系、教学结构体系、教学方法体系三个层面出发,探索本科生法律方法课程教学的创新模式。就教学层级体系而言,应形成在低年级本科开展法律方法入门教学,在高年级本科开展法律方法初阶教学,在研究生阶段结合各法学二级学科开展法律方法高阶教学。就教学结构体系而言,在法律方法初阶教学中,应形成由导论、法学流派与法律方法、法律适用三个部分构成的教学体系。就教学方法体系而言,应形成案例教学与讲授课程相结合,突出对学生分析和解决疑难案件能力培养的教学模式。

At present, there are still such problems in domestic law schools as the insane curriculum system, lack of design in teaching level and the rigid teaching methodology in the practice of legal methodology at undergraduate level. In order to solve those problems,we should explore the innovation mode of undergraduate teaching of legal methodology from three levels,namely,the teaching level system,teaching structure system and teaching method system. In terms of the teaching level system, we should start the introductory teaching of legal methodology in the lower grades, carry out the intermediate teaching of legal methodology in the higher grades and adopt the advanced teaching of legal methodology at the postgraduate level in combination with the second-level disciplines of the science of law. As far as the teaching structure system is concerned, in the intermediate teaching of legal methodology, a teaching system composed of three parts : introduction,schools of the science of law and legal methodology, and the application of law should be formed. In terms of the teaching method system,a combination of the Socratic Method and case teaching courses should be formed to enhance the cultivation of students ’ capabilities of analyzing and settling difficult cases.