卓越法治人才培养导向下法学教育案例教学改革问题探究

Exploring the Reform of Case Teaching in Legal Education under the Guidance of the Cultivation of Outstanding Legal Talents

法学本科教育正由精英教育转向通识教育,案例教学法克服了以往法学生“只专而不业”的弊端,取得了良好的教学成果。但根植于英美法系土壤的案例教学法在本土化改革和变通中逐渐显现问题,未能建构起法学案例教学的中国范式。置之于学生视角不难发现,案例教学在方式、案例等主客观因素影响下,未能很好达成实践教学目标,处在尴尬的教学境地。基于此,对照卓越法治人才培养2.0的要求,回应案例教学改革的现实难题,探索提高培养质量的实践教学方式方法。

Undergraduate law education is shifting from elite education to general education,and the case teaching method has overcome the shortcomings of“only specializing and not working”of law students in the past,and has achieved good teaching results.However,the case teaching method,which is rooted in the soil of the common law system,has gradually emerged problems in the localization reform and adaptation,and has failed to construct a Chinese paradigm of legal case teaching.From the perspective of students,it is not difficult to find that case teaching fails to achieve the practical teaching goals well under the influence of subjective and objective factors such as methods and cases,and is in an awkward teaching situation.Based on that,in light of the requirements of“The Cultivation of Outstanding Rule of Law Talents 2.0”,we respond to the practical problems of case teaching reform and explore practical teaching methods and methods to improve the quality of training.