现象教学法在民法教学中的运用

The Application of Phenomenon-Based Learning Method in the Teaching of Civil Law

芬兰教育中现象教学法的尝试,可以超越案例研习、模拟法庭等部门法实务课程,试图建立学习者的问题意识,以起因、典型事件、类型化等线索,串联形成逆碎片化的体系化思考,横跨理论与实务维度,甚至需要跨越学科界限。本文旨在揭示现象教学法可应用于与市民社会衔接紧密的民法学教育,且具有重要意义。开展现象教学法的前期阶段需要铺垫受训者的阅读能力、基本方法论思考以及法哲学认知教学等,再循序进入典型场景的教学与讨论进程,典型"场景"可包括民刑交叉案件、共享经济监管等主题,以不断拓展基于现象(话题)的教学资源,将教师科研资源融入课堂教学场景,从而具备对于社会现实的回应力。

The phenomenon-based learning method in Finland education can surpass the practical courses of departmental laws, such as the case study and the moot court. It can establish the learner ’ s problem consciousness, so that the learners can form the reverse fragmented and systematic thinking in series with the causes of the cases, the typological clues. This method crosses the theory and practice dimension, and even crosses disciplinary boundaries.The purpose of this paper is to reveal that it is significant to apply it to civil law education that closely linked to civil society. The early stage of phenomenon based learning method needs to cultivate the trainees ’ reading ability first, the thoughts on the essential research methodology and the cognition of jurisprudence and philosophy. In the second stage it should lead students step into the teaching and discussion process of the typical scenes,which include the theme of crossed cases of civil law and criminal law,supervision of sharing economy and so on. In this way, the teaching can expand the teaching resources of phenomenon-based teaching and integrate the teachers ’ research resources into the classroom teaching scenes, so as to be capable of reflecting the response to the social reality.