论文关键词 独立学院 刑法 案例教学法
Keywords independent Faculty of law case teaching method
刑法学是一门很重要的法学专业主干课程，具有内容多、难度大、不易掌握等特点，抽象的法律解释容易枯燥。独立学院学生，更需要培养他们的实践操作能力。刑法案例教学不但能使抽象、复杂的法律条文变得简单、易懂，调动学生的学习兴趣，而且有利于提高教师的素质，有效地检测教学效果，通过开展案例辩论、案例分析，启发学生从不同角度思考问题，培养学生的职业能力、创新精神和团队合作能力，全面提升学生的综合素质。
Criminal law is an important law specialized branch curriculum, has the characteristics of more contents, difficulty is big, not easy to grasp, the abstract interpretation of law easily. The independent college students, the need to train their practical ability. The criminal law case teaching can not only make the abstract legal articles, complex becomes simple, easy to understand, to arouse students' interest in learning, but also conducive to improving the quality of teachers, and effectively detect the effect of teaching, through the case of debate, the case analysis, inspire students to think from different angles, the cultivation of students' occupation ability, innovation spirit and team cooperation ability, improving students' comprehensive qualities.
一、目前独立学院刑法案例教学存在的问题分析
Analysis of the current criminal law case, the independent college teaching problems
近年来，独立学院刑法教学中已经普遍穿插了案例教学，但由于独立学院发展历史不长，师资队伍还不很稳定，教研投入力度有限，独立学院刑法案例教学还存在不少阻碍和问题。
In recent years, the criminal law teaching in independent college has been generally interspersed with case teaching, but due to the development of independent college teachers do not have a long history, is not very stable, Research Investment Co., independent college of criminal cases teaching there are still many obstacles and problems.
1.案例教学方法相对单一。理论讲授法仍然是当前独立学院刑法课程教学的主要方法，讲授过程中任课教师大多会穿插案例教学，但案例教学方法较为单一，举例的方法是通常使用的方法，主要用于解释某一刑法基础理论知识。“案”“理”结合不紧，很多时候是教师设问，教师自己回答，学生参与程度低，学习积极性没能充分调动起来。教师没能精心设计案例教学课程，在教学活动中仍然扮演着中心角色，案例讨论的课堂组织不到位，学生分析和解决问题的能力没能得到培养和锻炼。
Methods 1 cases of relative single teaching. The theory teaching method is still the main method of the current criminal law course teaching in the independent college, teaching the teachers most of the process will be interspersed with case teaching, but the case teaching method is single, for example the method is commonly used, mainly used to interpret the basic theoretical knowledge of a criminal. "The case" and "Li" and is not tight, a lot of the time is a teacher questioning, teachers themselves to answer, the student participation degree is low, the enthusiasm of learning can not fully mobilize. The teacher didn't elaborate design of case study in teaching, in the teaching activity still plays a central role, case discussion class organization is not in place, the students' ability to analyze and solve problems can not receive training and exercise.
2 insufficient case teaching class. A lot of independent college teaching according to the general provisions and the specific provisions of criminal law is divided into two semesters and each semester teaching, 3 weekly hours, the practice teaching hours no hard and fast rules, because of the need to explain more content, the whole criminal law basic teaching with theory teaching form. Case teaching, case analysis and Discussion on the need to fully understand the issue, often have to spend a lot of teaching time, very difficult from the existing 3 weekly lecture pulled the time organization of case teaching.
3.教学案例没有系统化。案例的选择直接关系到案例教学的质量和效果，任课教师往往随机从网上收集案例，很多案例都近乎虚拟，案情设计有些理想化，案例争议性较小或代表性不强，当地法院时新的审判实例使用不多，没有形成统一的刑法教学案例集。
3 there is no systematic teaching case. Case selection is directly related to the quality and the effect of case teaching, teachers often randomly collected from the Internet cases, many cases are almost virtual, case design some ideal cases, less controversial or representative is not strong, the local court new trial examples using no more, no formation of criminal law teaching case unified set.
4.案例教学考核方式不尽科学。案例教学考核机制不健全，目前针对案例教学的考核方式主要是期末考试的案例分析题，这种考核方法带有较大的偶然性，且不能考核学生的综合素质。
4 case teaching assessment method is not scientific. Mechanism of case teaching assessment is not perfect, at present for the case teaching assessment is the main way of the final exam case analysis problem, this assessment method with great probability, comprehensive quality assessment of students and not.
5.案例教学配套机制不健全。案例教学不仅涉及教学方法和理念的革新，还需要教师素质的不断提升、教学管理和教学内容的不断完善以及学生的积极配合和参与。但从当前独立学院案例教学的实际情况来看，在案例教学的教学思想和理念上尚未形成正确、统一的理解和认识，任课教师组织案例教学的积极性不高，教研组织力度不够，而且，案例教学师生素质也难以满足严格意义上案例教学的要求。
The 5 case teaching supporting mechanism is not perfect. Case teaching is not only relates to the teaching methods and innovative ideas, actively cooperate with the teachers also need to constantly improve, the quality of teaching management and teaching content and students' participation in continuous improvement and. But from the current actual situation of the Independent Institute of case teaching, has not yet formed a unified understanding and awareness of right, the case teaching in the teaching thoughts and ideas on the enthusiasm of teachers, the organization of case teaching is not high, organization of teaching and research is not enough, and the quality of case teaching, teachers and students are also difficult to meet the strict sense of case teaching requirements.
Imagine the case teaching reform of two, independent Faculty of law
独立学院的应用型人才培养定位要求学生具有更强的实践能力，刑法案例教学的改革和运用是切实提高学生分析问题和解决问题能力的重要途径。
Applied talents in independent college training location requires students to have a stronger practice ability, the reform of criminal law and the use of case teaching is to improve students analyze problems and an important way to solve the question ability.
（一）改革刑法案例教学模式
(a) the reform of criminal case teaching model
刑法案例教学本身是个复杂的过程，其中不仅涉及教师的讲授方法，还涉及学生的参与方式和课堂氛围。在案例教学过程中，教师应根据教学内容灵活采取多种教学模式：
The criminal law case teaching itself is a complex process, which involves not only the teacher's teaching method, the ways of participation and classroom atmosphere also relates to students. In the case in the process of teaching, teachers should adopt various flexible teaching mode according to the teaching content:
1.列举案例教学模式。这是目前大多数独立学院刑法教学过程中使用频率最高的一种模式。列举案例教学是指教师在授课中，为了解释某一法律理论、法律条款或某一实践问题而列举一个或一组案例进行示例性解说的教学方法。列举案例教学对案例的细节没有过多要求。可以是几句话就讲完的一个案例，也可以是在一节课内讲完的一个案例。既可以是实际案例，也可以是教师根据有关材料加工而成的案例。
1 lists of case teaching mode. This is a kind of the highest frequency mode using the criminal law teaching in the independent college at present most. Enumerates the case teaching refers to teachers in the teaching, in order to explain a legal theory, legal provisions or a practical problem and list one or a group of case teaching method for example explanation. Give details on the case teaching of case without too many requirements. May be a few words on a case had finished, can also be a case finished in a lesson in. Can be a real case, can also be a teacher into according to the relevant material processing case.
2.课堂案例讨论模式。课堂案例讨论模式可选择使用，课堂讨论可以小组讨论或对抗辩论形式进行。重要的讨论案例应课前提供给学生预习。小组讨论时小组成员可相对固定，一般为4-6人，小组讨论时，每个成员都要求充分表达个人观点，教师可选择部分小组当堂进行观点阐述，最后任课教师进行点评分析。对抗辩论通常将全体学生按照观点不同分为2-4个小组，经充分讨论后以小组形式当堂进行课堂辩论。辩论过程可以充分调动学生的积极性，增加同学、师生间的交流和了解，也能有效地培养和锻炼学生的表达与合作能力。
Case discussion of the 2 class model. Classroom case discussion mode can be chosen for use in classroom discussion can discuss in group or adversarial debate format. An important case discussion should be provided to students to preview before class. During the group discussion group members can be relatively fixed, usually 4-6 people, group discussion, each member is required for full expression of personal point of view, the teacher can choose the part elaborates the point group in class, teachers are the last comment analysis. Against the debate will usually all students according to different point of view is divided into 2-4 group, after full discussion to form a team and be a classroom debate. The debate process can fully mobilize the enthusiasm of the students, increase the students, communication between teachers and students and understanding, also can express effectively foster and train students with the ability to cooperate.
3 mock trial mode. Simulates the court teaching criminal cases can be synchronized with the "Criminal Procedure Law" course teaching. By the students served as judges, prosecutors and lawyers role, the real case by law firms or the court provides simulated trial court, in accordance with the procedures and methods of criminal cases. The school needs the construction simulation trial court, and the purchase of clothing and instruments, and strive to achieve the simulation results. Simulates the court teaching needs to do more in terms of preparations, the use of not too many times, a term to 3-5 times is appropriate, each character can be held by 3-5, the student can replace the role of the practice.
4.法律诊所教学模式。诊所法律教育是一种由教学单位开设的，在教师的指导下，学生们凭借自己已经学到的法律知识去办理真实案件的教学方式。诊所通过指导教师（Clinic Professor）指导学生为社会弱势群体提供法律咨询、代写法律文书、代理或参与代理案件等方式，促使学生在具体办案过程中主动学习法律和运用法律，加深对法律的理解。同时，也使学生应有的职业道德和社会责任感得到增强。
4 legal clinic teaching mode. Clinical legal education is a kind of open by the teaching unit, under the guidance of teachers, by virtue of his legal knowledge learned to handle the real cases in the form of teaching students. Clinic Guide Teachers by (Clinic Professor) to guide the students to provide legal advice, the social vulnerable groups to write legal instruments, agent or participate in agency cases and other means, to students in the case handling process in active learning law and by the law, deepen the understanding of the law. At the same time, also make the students should have professional ethics and social responsibility have been enhanced.
笔者所在单位早在2006年就建立了江西省第一家高校法律援助工作站，一直以来，利用这一平台，在法学专业教师的指导下，组织学生对社会提供了大量的咨询、代书、调解、调查和代理诉讼等法律服务。学生参加法律服务的热情很高，所有参加法律援助的同学都认为在提供服务的过程中学到了许多课堂教学中不能学到的知识和经验，学生的综合职业能力得到了有效地培养。这种教学模式一般是利用课外时间进行，需要任课教师课外进行单独指导。办案过程中，教师可拿些典型问题到课堂讨论，教学效果非常好。
The unit was established in Jiangxi province is the first university legal aid workstation, as early as in 2006 has been the use of this platform, in the legal professional under the guidance of teachers, organize the students to provide a large number of consulting, scrivener, mediation, litigation and other legal investigation and agent services for society. Students participate in legal service enthusiasm is very high, all students to participate in the legal aid services provided are of the view that in the process of classroom teaching in the middle school to many can learn knowledge and experience, comprehensive vocational ability of students get effective training. This kind of teaching mode is generally use the extra time, the need for individual guidance teachers after class. The process of handling cases, teachers can get some typical problems to the classroom discussion and teaching effect is very good.
(two) a reasonable allocation of teaching time, ensure the necessary case teaching class
"Criminal law" planning time is generally 108-126 hours, and to give more content, if the exhaustive, it can't finish the task of teaching, there is no case teaching requirements analysis and Discussion on time. Teachers should be a reasonable allocation of teaching class, part of the contents of each chapter focuses on explaining the selection, similar content can be completed through the case teaching form. This is to avoid continuous theory to explain the boring, and taken out of the case teaching time, cultivate the students ability of practice. Especially the explanation of the criminal law does not need, just pick important crime case discussion teaching.
本课题组还设计在《刑法学》课程结束后，作为必选课程开设一门“刑法案例分析”课程，约18-20课时（9-10周），时间安排在大三年级。主要通过对典型案例的分析、讨论，锻炼学生逻辑思维及口头和书面表达能力，同时紧密结合司法考试题型，训练学生充分运用已有的刑法学知识分析和解决问题。法律诊所式教学也可在这一阶段进行。
The research group is also designed in the "criminal law" after the end of the course, as required course opened a "analysis" course of criminal cases, about 18-20 hours (9-10 weeks), time arrangement in high grade three. Mainly through the discussion and Analysis on the typical case, training students' logical thinking and verbal and written expression ability, at the same time with the judicial examination, training students to make full use of the existing criminal law analysis and solve the problem of theory of knowledge. Clinical legal education can also be carried out at this stage.
（三）收集典型刑法案例，编辑刑法教学案例集
(three) collecting typical cases in criminal law, the criminal cases teaching editing set
案例的选择至关重要，过于简单的案例，没什么争议，提不起学生的兴趣；案例太难，让学生不知从何下手，则会产生畏难情绪或依赖思想，容易造成冷场，也不利于调动学生的学习积极性。所有案例的选择一定要有针对性，难度要适宜。
It is very important to choose a case, too simple case, few dispute that can not afford to raise the students' interest; the case too difficult, let the students do not know where to start, it will have the fear of emotions or the dependent mentality, easy to cause the ice, is not conducive to arouse the learning enthusiasm of students. In all cases the choice must be targeted, the difficulty to fit.
Take the case teaching method, should be carefully chosen and prepared system case. Selected case in general should pay attention to the following questions: one, the case should be novel. As far as possible to choose the most new cases in judicial practice, in order to make the case teaching is more close to the real life, and through the discussion of the case to understand the new issues in the judicial practice. Secondly, case studies are typical. That is closely around to teach the core content and the basic theory of selected some representative cases, in order to achieve through the discussion of the case to make the students deepen the understanding to the basic theories of the law of. Thirdly, case system. Teaching content according to different sections of the model equipped with the corresponding case, combine theory with practice, at the same time, select cases according to the need of theoretical study, the breadth, depth and difficulty and set the problem. Fourthly, to multiple cases. We must choose the single eye only involves a problem case, also should choose the right amount of strong comprehensive case; we must choose the occurs in small cases around the students, also should choose to have a significant impact in the country's major cases; we must choose has the exact answer case, but also the choice of the controversial inconclusive cases.
（四）改革刑法学课程考核方式
(four) the curriculum reform of criminal law evaluation mode
刑法学课程考核和成绩评定可由三部分组成：平时成绩、面试成绩和期末考试成绩。
Criminal law course examination and assessment can be composed of three parts: the usual results, interview and final exam result.
1.平时成绩。课堂表现应作为学生平时成绩的重要部分，课堂案例分析和讨论是记录平时成绩的重要依据。任课教师要对学生课堂案例分析讨论时的表现进行及时的记录和评分，这有利于调动学生参与案例研讨的积极性，保证学生适应从被动旁观者到主动参与者的角色转换。
1 score. Classroom performance should be as important parts of the grades, the classroom case analysis and discussion is an important basis for recording the usual results. The student classroom case study analysis the performance when timely record and scoring teachers should, it is helpful to arouse the enthusiasm of students to participate in the case study, ensure that students adapt to the conversion from passive onlooker active participant roles.
2.面试成绩。面试以现场抽题并口头回答问题的形式进行，主要题型为案例分析。面试可以很好的检测学生的口头表达、逻辑思维、心理素质以及应变能力等。学生抽题后需有必要的思考时间，教师当堂根据学生表现，记录学生得分。评分时既要关注学生对问题的判断结果，更要注重学生对问题的分析和思维过程，教师需及时点评，肯定优点，也指出不足。
2 interview performance. Interview with field pumping test and answer questions orally in the form, the main questions for the case analysis. The interview can express, good oral test students' logical thinking, psychological quality and adaptability. It is necessary to think time required the students to draw the topic, the teacher becomes an according to student performance, recording the scores of students. Must pay attention to students on the problem of judging the outcome score, more attention should be paid to the students to the problem analysis and thinking process, teachers need to comments in a timely manner, certain advantages, also points out the insufficiency.
3 final exam results. The final examination is conducted by the written form, student assessment mainly grasp of basic theory, basic concept and its application situation. Key can simulate the judicial examination questions form, examination questions mainly take multiple-choice questions and case analysis. The main part of the written test results or student grades.
三、实施案例教学法应当注意的问题
Three, the implementation of the case method of teaching should pay attention to the problem
（一）案例选择的适当性与典型性
(a) appropriate and typical case selection
案例教学的要求较高、难度也较大，教师平时需要注重积累和搜集典型案例，适时编制教学案例集，针对主要知识点配备典型案例，并及时更新，供教学使用。教师应与司法实践部门密切合作，一方面可以获取最新、最接近生活实际的案例，另一方面也有利于运用理论指导实践，在实践中进一步检验和完善理论。
Higher requirements, case teaching is also larger, teachers usually need to focus on the accumulation and collecting typical cases, timely compile the teaching case set, according to the main point of knowledge with a typical case, and timely update, used for teaching. Teachers should cooperate closely with the judicial practice department, on the one hand can get the latest, most close to the real life case, on the other hand, is also conducive to guide practice with theory, to further examine and perfect the theory in practice.
（二）实行小班授课制
(two) the implementation of small class teaching system
实施案例教学应当实行小班授课。目前，我国高校流行多班合并上课的做法，学生少则六七十人，多则100余人。在这种大班授课的情况下开展案例教学是相当困难的，即便勉强采用，也不可能产生应有的效果。因此实施案例教学必须实行小班化授课方式。班级人数最好控制在30人左右，案例教学时间弹性较大，很可能拖堂，课程应尽可能安排在某时间段的最后一节课。
The implementation of case teaching should be to implement small class teaching. At present, our country university popular classes combined class practice, students at least sixty or seventy people, more than 100 people. Carrying out case teaching in the class teaching, the case is rather difficult, even if reluctantly adopted, it is impossible to produce the desired effect. Therefore, the implementation must implement small class teaching method of case teaching. Class size the best control in about 30, larger elastic case teaching time, is likely to delay, curriculum should as far as possible in a certain time period last lesson.
（三）明确案例教学的辅助地位
(three) clear secondary status of case teaching
我国属大陆法系成文法国家，判例不具法律效力，而且从今后的发展趋势来看，我国也不可能建立起类似于英美法国家的判例法制度。这就决定了法学教学仍要以讲授法学基本原理作为主要的教学方法，以案例教学作为辅助方法。特别是刑法总则的教学，系统的理论讲授仍是主要的教学方法。否定传统教学法而完全代之以案例教学法也是不可取的。
China is a civil law statute law countries, precedent is not legally binding, but also from the future development trend, our country also is impossible to establish the system of case law is similar to the common law countries. This determines the law teaching still to the main teaching method to teach the basic principle of law as the auxiliary method, case teaching as. Especially in the teaching of general provisions of criminal law, system theory is still the main teaching method. Denial of the traditional teaching method and completely replaced by case teaching method is not desirable.