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Keywords independent Faculty of law case teaching method
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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.
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Analysis of the current criminal law case, the independent college teaching problems
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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.???????????????????????????????????????????????????????????????????????????????????????????????????“?”“?”??????????????????????????????????????????????????????????????????????????????????????????????????????????????
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.
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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.
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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.
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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
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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.
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(a) the reform of criminal case teaching model
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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:
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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.
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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.?????????????????????????????????????????????????????????????????????????Clinic Professor?????????????????????????????????????????????????????????????????????????????????????????????????
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.
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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.
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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.
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(three) collecting typical cases in criminal law, the criminal cases teaching editing set
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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.
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(four) the curriculum reform of criminal law evaluation mode
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Criminal law course examination and assessment can be composed of three parts: the usual results, interview and final exam result.
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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.
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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.
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Three, the implementation of the case method of teaching should pay attention to the problem
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(a) appropriate and typical case selection
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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.
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(two) the implementation of small class teaching system
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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.
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(three) clear secondary status of case teaching
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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.