Sixteen law of core curriculum (3)

Eight, the Criminal Procedure Law
21The school education is the creative transformation of the times, "criminal procedural law" the course is no exception. Put forward the urgent reform of teaching background of our country on this course. Because of the need of building a socialist country ruled by law in the background of economic globalization and integration of world economy in China, the establishment of the socialist market economic system, the development of China's market economy. The every reform or the national construction, is one of the most important part in improving the quality of legal education, so as to be able to train a large number of legal talents have wide knowledge, strong ability, high quality. But our present law education, whether the education idea and teaching mode have been unable to meet the current demand for legal talents, so as the course of law of "Criminal Procedure Law" teaching reform be imperative.
"Criminal Procedure Law" is a procedural law, has operational characteristics, application, practical, reflected in the "Criminal Procedure Law" teaching, should make it not only have the theory of general curriculum, should highlight the practical. But, from the nine six law of criminal procedure in China and now officially included in the National People's Congress revised schedule to the amendment of criminal procedural law point of view, in practice, have to absorb more litigation in the Anglo American legal system, enhance its confrontational, at the same time, the value of law, but also pay more attention to the protection of human rights, the realization of justice, all of these require us in a criminal case teaching, more attention should be paid to the students' ability of theoretical thinking and practical ability, strain capacity and adapt to the ability training and students' occupation quality. But in the criminal procedure of teaching in the past is pursuing "cramming education" and "Teacher centered education". From teachers to students with teaching content, but also focus on the theory part, the student uses is "take notes in class, after class learning method back notes, exam notes", is a kind of blindly follow the position, the lack of independent thinking and learning enthusiasm, eventually led to the students often lack practical experience, learning initiative, narrow range of knowledge, comprehensive quality is low, high energy phenomena. In the future society, legal workers that will be can't do anything. Secondly, to understand some of the world's way of teaching advanced countries, in order to "know" to "cultivating oneself". Western countries generally University uses is with "teachers guide students self - collective discussion" as the main teaching mode, abandon a book about from the, exhaustive manner, and with some practical ability is to train the students' practical education mode theme, such as "debate teaching" and the students are exposed to real the case, put forward specific measures and the judicial practice to test its correctness of the "clinical legal education". This teaching is not only to help students learn the legal provisions of the content, but also to train the students' practical thinking ability and the strain capacity, to develop a practical reason, which is the formation of the spirit of the law and legal consciousness is indispensable.
The teaching mode of "Criminal Procedure Law" course should be how to reform?According to the famous educator Sun Xiaolou view of law, legal knowledge, we have three levels: the understanding of law - Law - law. The teaching method of the above three levels corresponding is different, after two layers in addition to teachers, more students to think on their own, and through practice to get. I very much agree with this point of view, reflected in the teaching, is how in the class, after class teaching and self mastery. The following the author advocates of reform measures:
(a) vigorously carry out the discussion of teaching practice
1Specific practices:
(1Special teachers select discussion).
Teachers should according to the status of law in China, selected topic. If I find a lot of information, select the number of criminal procedural law issues for students to discuss, specifically: criminal prosecution, the position and role of criminal jury system, the right to silence in criminal system etc.10Multiple topics, these topics basically include key, in recent years in criminal procedure law difficult, hot issues.
(2The teacher grouped) for students and puts forward some basic requirements. Determine the topic, I immediately for grouping students, each member of the group5--6One, choose a topic, students begin to collect the relevant data. In order to avoid students find information confusion and blind, I put forward some basic requirements for all students, such as requiring students to find nearly two years of Renmin University of China copy data "procedural law judicial system", "criminal law" and other legal China core journals, find some outstanding scholars such as Cui Min, Chen Guangzhong, He Jiahong, Chen Ruihua's works; reference requires at least10Article etc.. In fact, the students find the reference is very positive, far outnumbered10Article, basically every team has a15Article above, can also carefully read, good article will recommend each other, learning atmosphere is thick.
(3) teachers two weeks in advance to team members before class, after class discussion guide team members. The first two steps, members of the group is to consult the relevant materials, arrange the time after class discussion, prepare special report. Review report a week before the teacher, the breadth, depth understanding of students collected data; key and main points of special report. To filter the report content, insufficient to guide and improve the.
(4) team members do special report and class discussion. Special report is the core part of the whole teaching, reporting time is generally not more than twenty minutes, the rest of the class time to discuss, debate on a different point of view. This is a program for students like most, the general atmosphere more active, some problems are very sharp, very challenging for team members, also can check whether they really understand whether the symposium, flexible use of legal knowledge to solve problems. Some problems of group members all of a sudden the answer not to come out, can again after class summing up.
(5Teachers' evaluation of classroom) report and summary. After the discussion in classroom, teachers on classroom discussion do an evaluation, supplement. Help the students finish the class discussion of some important viewpoints, the theory involved in the problem, clear. This is also a teacher preaching impart knowledge and solve doubts when a very rigorous thinking process.
(6) written report submitted to the panel members of the seminar. Finally, ask the group members to write a written report. The report includes a discussion of the special topic, group members, discuss the main content and main references. This written report of each group plus the whole process member performance, as the important reference of the grades.
2Teachers, seriously their role in teaching is the key of successful teaching method discussion
"Has been recognized by the students teaching discuss criminal procedure law" course. The teacher plays in the discussion of the role is not off the reel copiously quote authoritative works teaching, but the organizers, instructors, listener, provide experience for students, to discuss the smooth development of compact relaxed pleasure technology, knowledge service.
First of all, the discussion of teachers teaching is the organizer, the teachers should do the organizational work. Discussion before the teachers need to do the tedious but important preparation work, to organize the valuable discussion topic, avoid aimless casual discussion; to advise students to discuss the program, students avoid blind guess what the next step will be to do some discussion; announced we must follow the basic principles or rules to ensure the continued active participation and discussion of students, improve the efficiency and quality of classroom discussion. Between different views of students not polite even is not a rational debate, teachers must be flexible to guide.
Secondly, the discussion of teachers teaching method is the guide. Discussion of teaching activities is the key to the participation of students, students did not participate in the discussion can't go on. So the teacher should guide the students to make a ready to participate in, let them have stood at the starting line of confidence, and the opponent a summary level. Some new concepts, teachers themselves must first understand, thoroughly understand. Students' perceptions are sometimes most probably it did not actually happen, perceptual, scattered, not a rational and systematic, which requires teachers to have more guidance. Encourage students to discuss and find out the answers.
Once again, the discussion of teachers teaching method is the listener. Only listen to the students to speak, to judge whether the students understand the relevant knowledge is correct or not; whether the speech and discussion to evaluate students' subject to discussion; next, to continue to discuss and do not deviate from the track; to master when students should be encouraged to speak; can promptly recalled student speech relates to ideas, inspiration behind the students speak, to ensure the continuity and so on are discussed.
Teachers listen, mostly silent, but teachers need to pass some body language such as nod to express their feelings, to communicate with the students, but also to confirm, to understand the speaker's point, put forward some questions to clarify some of the key issues, but not to ask too much, otherwise affect students' speech. At the same time, teachers should not only listen carefully, sustained, will be modest, so that students have been discussed by the center, make students feel his speech is valuable. One of the modest teacher is not to say too much, teachers do not underestimate the power of student individual knowledge and ability as well as students collective wisdom, not to overestimate their own value and speech punctuated the students speak, speak to students pointing. The teacher said too much, we will take the teacher as the center, the students are difficult to find and put forward some new ideas, which we use to discuss teaching method is to draw further apart. The teacher modest performance of two is respect for the views of students. If teachers ignore the students point of view, the problem is likely to make themselves in embarrassing or disadvantage; or in order to enable students to support their views, and establish their own authority and deliberately distorted the students speak, for students to participate in the discussion is a blow, leads to students discuss decreased enthusiasm is not even willing to participate in the discussion.
In summary, this not only require students to have a high quality teaching, requirements for teachers is very high. It does not reduce the burden on teachers, but more aggravated the responsibility of teachers. Especially the teacher in the teaching methods of the planner. The teacher not only to be familiar with the teaching outline, also must read classic works in the field and academic journals, well aware of the academic front, hot issues, to guide students to solve problems, students, become a learning example. The discussion seems to be the students to show their talents, teachers are only a few words of the listener, but behind the silent, hidden in the charm of teachers. When the teacher put the organizer, instructor, listener, COSPLAY is better, the greater the charm.
(two) vigorously pursued the case teaching method
1Case teaching method, role in criminal procedure law teaching:
Because the case is so important in actual judicial practice, therefore in China's legal education in universities and colleges, case teaching is widely used in law teachers in the classroom. The case teaching method, refers to the jurisprudence teaching activities, the discipline theory system, combined with the specific teaching objective, through analysis of typical cases and solve the actual simulation case, a kind of teaching method to make students with both theoretical knowledge and can use the theory to solve practical problems.
In the school teaching, the teachers' leading role and students' learning initiative together, we can achieve better teaching effect. The application of case teaching method in criminal procedure law teaching, the students to the "stage" show, the teacher acts as a "director" and "the judges". This teaching mode has broken the traditional classroom teaching mode, to make up for the lack of actual student contact less, widens the theory with practical ways, have important significance to the teachers "teach" and students "study", specific performance for the following two aspects:
Students: (1) to cultivate the students' thinking ability and expression ability. The traditional teaching method is injection type, students study passively. Case teaching method, the teaching of students have taken the initiative to access to information, carries on the case analysis to discuss questions, thus the case with an active learning, through their own digestion, analysis of rational knowledge that, this will fully mobilize students' initiative and enthusiasm, inspired students to consciously, actively use your head plate, seriously consider each question, in the school under the guidance of the theory, clarify ideas, distinguish between truth and falsehood, this would be lively and vivid teaching activities, the students' thinking ability get exercise and improve. In addition, the dispute of the case, also training the students' ability of oral expression, many usually talkative students through participation in case discussions, become to dare to speak out, good at arguing. (2) to develop students ability to analyze and solve problems. The traditional teaching methods to students as the container of knowledge, knowledge as possible that pack. But knowledge is boundless ocean of finite time, students at school, not the future requires knowledge of both the society. At the same time, only rely on previous learning experience can not be objective reality to cope with change. Therefore, we must pay attention to the cultivation of the students' ability to use the knowledge to analyze and solve problems, and according to the actual need to acquire new knowledge independently. Case teaching provides a theory with practice to the students, problem analysis, the opportunity to solve the problem, in order to better analysis of the case, the correct conclusion, each student must read a book learning seriously, access to a variety of information, to find the theoretical basis, and then analysis, comprehensive, comparison, so that students through active preparations and thinking before class, in class to express their own ideas, enlighten each other, this is to improve the students' thinking ability, analysis and problem solving ability is very good. Particularly for the analysis of complex cases, is conducive to the students the principles infer other things from one fact, mastery, to deepen the comprehensive understanding of the knowledge and comprehensive application. The case teaching not only can deepen their understanding of knowledge learned, mastered use knowledge to solve the actual problem ability, at the same time to enable students to taste the theory and practice of the learning party a law society benefits, on the basis of existing knowledge, according to the actual need to look for new knowledge. (3) to cultivate the students' competitive ability and the strain capacity. Our students, after graduation, will have to face is the change unpredictably, full of competition and the risk of market economy. In order to meet the needs of the market economy, we must cultivate the ability of students' sense of competition and competition, so that students learn to creative work, learn to deal with all kinds of complicated situations. Case teaching activity, it gives students a test ability, the opportunity to display their talent. Not in violation of taking facts as the basis, take the law as the criterion of the premise, the student can emancipate the mind, independent thinking, give full play to their one's ability and cleverness, bold new ideas of their own, published his own opinion, the creative learning, enhance the self-confidence of students, cultivate their sense of competition and competition ability. At the same time, in case teaching, because new questions.The emergence of new situation, we need to take measures for these students sudden new problems, new situations, timely response, this naturally to train the students' ability and the strain capacity. (4To improve the students' learning interest). Case teaching has its realistic bright, very close to the actual, can improve the students' learning interest of criminal procedure law. Teaching model of the criminal procedure law, the general is a concept from the interpretation of the provisions, to illustrate, one by one, students sounds boring, especially for those who lack the criminal litigation perceptual knowledge of students, more boring boring, teachers also feel speak flat monotonous talk, while the use of case teaching method, students feel very close to social practice, see the case as if in court, easy to stimulate the students' curiosity and interest in learning, mobilize the enthusiasm of students learning, the criminal procedure law in addition, through the case teaching, students can understand the general process of various cases. (5) cultivate and improve the students' Ideological and moral quality. Transition from exam oriented education to quality-oriented education, is the trend of development of modern education, so the culture is all subjects should strengthen and improve the quality of students. Enforce the law strictly, loyal to the law, to tell the truth, be loyal to their duties of the noble sentiments and moral character, is the law students ideological and moral quality should be. A highly qualified talents of law should have a correct understanding of "law and right", "law and emotion", "and the words" relationship, not the right pressure method, to corrupt, in speech generation method. In the case teaching, not only can let the students learn the relevant legal knowledge, but also to let the students experience as a judge should enforce the law strictly, as a prosecutor should be upright, as legal workers should be faithful to the law, to tell the truth, be loyal to their duties. Therefore, the use of case teaching, and cultivate and improve the students' Ideological and moral quality.
Teacher: (1) case teaching put forward higher requirements for teachers, teachers will pay more energy and labor. In the case of teaching, teachers should not only study materials, organization of the teaching material, to understand the students, to develop teaching plans, preparing lessons, also need to be prepared to do the following work:AFor example. The case of various criminal diverse, complex, but not all the cases are suitable for teaching. So in order to ensure the quality of teaching, must be widely collecting cases, master rich case material, can according to the teaching content, select appropriate teaching cases.BIn the case of design, to students, these problems must be in accordance with the requirements of the syllabus, and logic, inspiration, and help to improve the students' thinking ability and analytical skills.CThe case analysis, choose the correct form, in the teaching activities, analysis of the case has two forms: first, according to a theory or a theory difficult, lists several plot a plot a case or a few cases, local analysis, to help students from their respective angle grasp these points or solve these difficult. Second, according to one theory points or a class of difficult theoretical, listing the different plot multiple cases, carries on the overall analysis, help students from the angle of the interrelated Master points or to solve this kind of difficult.DDesign, how to organize the classroom discussion, how to answer students questions, and according to the case study. (2) case teaching also improved teacher ability. Case teaching requires teachers to analysis ability and rich experience in teaching organization ability, reaction ability, expression ability, has the stronger. Case teaching, on the knowledge structure of teachers, teaching ability, work attitude and sense of responsibility are put forward higher requirements. In order to have a case teaching, teachers should update teaching content, add new knowledge, rich notes, search, research, analysis of the case, the kind of writing a script about a few years will be to change the situation. (3) through the case teaching, teachers can better understand the student's learning situation. In order to ensure the quality of teaching, to teach, teachers in case teaching, we must understand the student's learning situation, choose the appropriate case, facilitate the intelligence of students to make a proper evaluation. At the same time, the students in the case analysis at the same time, we can find ourselves in the study of the weak links and timely feedback to the teachers, for teachers to improve their teaching, improve the quality of teaching, teaching benefits teachers as well as students do.
Case teaching in addition to the above advantages, it also helps to establish good relations between teachers and students. "Respect their teachers love students" of the new relationship between teachers and students is desirable, however, the relationship between teachers and students is not come very naturally established, it needs certain inside and outside condition. Case teaching is the teachers and students in close cooperation, joint efforts of teaching activities. Play a leading role of the teacher, his knowledge and operational level, moral quality, ability quality, influences the students, be a model for others spirit, win the respect of students; students in the case teaching thinking, careful preparation, actively speak, teacher appreciation, understanding and care. Blend the Teacher-student Psychological, provided the conditions for the establishment of good relations between teachers and students.
In addition, the case teaching has the active classroom atmosphere, strengthening communication between teachers and students, enrich the teaching content, improving teaching methods, update knowledge, promote the advantages of theoretical study.
2Case teaching, how to
Case teaching has many advantages, but the case teaching also insufficient, the biggest weakness lies in the students through the case study of the knowledge and lack of systematic and integrity. In order to overcome the lack of case teaching, better use of case teaching strengths, I think we should do the following work:
(1The theory of knowledge) is the core content of case teaching.
Case teaching should not be interpreted as a simple explanation of the case, and should put it as the legal norms, legal theory, judicial practice and other comprehensive factors, so the form of case teaching, including theoretical knowledge of case teaching, case teaching is inevitably involved with the theories and requirements. Theory of knowledge is the core content of case teaching, case teaching is an important content of mana to enable them to master the main content, flexible use, which is also the case teaching, the case teaching to the students in front must explain in detail the relevant legal knowledge, let the students grasp the system, comprehensive legal theory in the analysis of the case before the, which mainly include the following three aspects:
AThe basic point of view, grasp the law of criminal procedure.
Each subject in the research on their respective understanding, basic viewpoints of observation, there is a characteristic of the. The criminal procedure law is no exception, if students master basic concepts of the criminal procedure law, is equal to the orientation aware of the criminal procedure law in research, it is easy to fast, comprehensive understanding of the law of criminal procedure, to achieve the purpose of study, in the case study, some doubts, difficulties will be smoothly done or easily solved.
BThe basic system, master the law of criminal procedure.
The specific content of a discipline linked form basic system of this subject, this is the learner must know and understand, it has an important guiding significance for the students on the expansion of scope and application. The criminal procedural law is a practical subject, and the application of the criminal procedure law also has the characteristics of whole structure, if the students the basic system of criminal procedure law does not know or understand the one-sided, in case analysis will appear from point to area, with full error, even draw a wrong conclusion.
C, master the basic method of the criminal procedure law.
The study of an academic discipline the depth and breadth of research methods, in a certain sense depends on which includes content, whether the basic research methods of the subject, the understanding and use of not only the students in this discipline specific content, but also will influence the students practice in the future on this subject knowledge the deepening. Also should let the students master the basic method of the criminal procedure law in this basic view to educate students about the criminal procedure law and the basic system, to enable students to analyze the case, not just stay in the analysis of the case, and should be done to infer other things from one fact, by analogy, to lay a solid foundation for the future study and work.
(2The typical case) is the basis of case teaching.
The criminal case is complex, with different characteristics, so the number of case must be selected before it can be used in teaching the course of criminal proceedings, selected the criminal code case is a prerequisite for the case teaching, a typical case of good can better the theory and practice of criminal procedure combined, attract the attention of students, arouse students' participation consciousness. In the practice of case teaching for the long term, I think the case in the choice must pay attention to the following aspects:
A, to try to select the teachers are familiar with the case.
If the teacher does not have the comprehensive understanding and the profound understanding of the case, would not be easy to organize, guide the student to carry on the case analysis, it is not up to the purpose of case teaching method.
BCase selection, difficulty to moderate.
In the choice of cases, in addition to the typical case selection of teachers teaching content according to the familiar, should also be based on the knowledge base, student interest in learning, thinking, self-learning ability, the ability to accept ability, analysis problem of choice difficulty in appropriate cases. If you are too simple, there is no need to debate, also can't inspire students' divergent thinking, and will also influence the students' learning interest and enthusiasm to participate in the discussion. If too difficult, the case is too complicated, no clue, can let the students can't see the point, can't find the case analysis of manpower, it also affects the students' interest in learning, to fight their participation in discussions, also did not reach the purpose of case teaching. Therefore, teachers in the choice of cases, can not choose too simple case, also can not choose the case is too complicated, the defendant in too many cases, should grasp the principle of a modest, do case is has the certain difficulty, but also has the nature of debate.
C, the case is necessary technical treatment.
The cases in practice often idea, involve wide, external factors are complex. If these cases wholly intact side out, not only the students is not easy to understand, but also have some negative effect is not necessary. Therefore, teachers must be the necessary processing on the case, its core content expressed in the language to be concise and to the point, so that the students can understand and master the. In addition, teachers should according to the teaching plan and teaching content to ask the question, is doubtful, case teaching method is not to give students a ready-made answer, but to cultivate the students to think independently, the ability to analyze and solve problems. Therefore, a case to give what information materials, setting what doubt, find out what problem, teachers must be carefully designed, in order to achieve the goal of teaching.
(3Analysis and discussion) students and teachers seriously sum up is an important link to ensure the quality of case teaching.
Case teaching method is to change the students from passive acceptance to participate actively, train the ability to use the theory to analyze and solve problems, oral expression and the students and the ability to improvise, so in order to achieve the purpose of case teaching, improving the quality of case teaching, must be analyzed fully discussed, focusing on the case, in the discussion in the process, the teacher can let the students to express their different views and opinions, to cultivate students' observation, thinking and problem solving skills. The teacher in the student based on the discussion, should make the necessary sum up, make a comprehensive, deep person answer general questions according to the teaching content to students proposed, do theory, science, system not only adhere to the teaching content of their own, and accurate answer questions of students, make use of the criminal procedure law to solve criminal cases demonstration for students, and will be strengthened the system knowledge.
(4Case teaching can be a variety of forms).
Case teaching process mainly to inspire students thinking, training students the ability to analyze and solve problems as the center, can be a variety of forms: the teachers; the teachers and the students ask and answer the questions in class discussion; group discussion, case work; layout; simulated legal advice and legal practice. To sum up, can be divided into three categories:1.Application of case discussion class teaching.2.After the reference case analysis, to consolidate the theoretical knowledge, improve the analysis ability.3.Proposition examination or test case. Classroom discussion should be the typical case complete, has a certain standard; after class case may choose typical but not completely, comprehensive analysis is to make lateral knowledge case; exam or test cases according to the teacher exam or test purpose design.
In a word, can the case teaching method is more effective, more comprehensive cultivating comprehensive ability of students, but also to the teachers put forward higher requirements, therefore, based on years of teaching experience, I think that the case teaching can have a more direct, more remarkable teaching effect, the speed up the pace of our socialist legal construction, will undoubtedly have a certain role in promoting.
(three) application of the moot court teaching Criminal Procedure Law Teaching
1Analysis of the necessity, the moot court teaching method in the teaching of criminal litigation
1.Simulates the court teaching is an inevitable requirement of legal education in Colleges and Universities
University legal education has its own characteristics, rich professional knowledge and limited teaching time, students have more time to directly participate in the social practice is not allowed. Therefore, the teaching method of college education should reflect the exploration, practice, the leading role of the teacher, students' independence. The heuristic is the guiding ideology of college teaching method, teaching to learning, teaching method, the proportion of lean transformation to guide the combination of teaching and practice, teaching method and scientific research method of mutual penetration, become the special performance of college teaching method. For a specific problem, the teacher should not directly to the existing solution to impart to students, but to let the students understand, grasp the solution procedures, procedures, the source of knowledge in the shortest time, seek knowledge. My courtyard become ordinary institutions of higher learning, the primary problem of law teaching faces is to meet these characteristics of legal education in Colleges and universities as soon as possible, teaching method of simulated court trial is adapted to these characteristics. The practical particularity and legal education of legal science research, the law education of university is different from characteristics of education of other subjects. The law in specific social relations as the object of adjustment, the complexity of social relations, decided the complexity of social relations of law norms.
The law in complex social relations as the object of adjustment, the law must be based on social practice, deepening of the theory in practice, using theory to guide practice, not only the abstract ideas and theories for the research, the contents of learning. In addition, the norm of law procedural operation specification, the specification contains only the legal principle of abstract, but also contains specific skills. Therefore, the higher legal education content is neither abstract theory simply, is not pure specific skills. Law education must hand pay attention to the teaching of theoretical knowledge, on the other hand, we must pay attention to the practical skills training. Teaching method of simulated court is adapted to the characteristics of legal education in Colleges and universities.
2.Simulates the court teaching is an inevitable requirement of the Criminal Procedure Law Teaching
Criminal procedure law as a programming method, is the specific operating procedures in handling criminal. Learning law of criminal procedure, not only requires learning theory in the criminal procedure law, and study of legal procedure, the concrete operation process to criminal proceedings. In the past, my school of law teaching college students, due to various constraints, can not tell the prosecution, trial procedure. And now, our teaching objects are undergraduates, prosecution, trial procedure must be included in the syllabus, therefore, should will mock trial activities included in the teaching plan, which not only enable students to understand the whole process of criminal procedure, more conducive to the students to master the procuratorate, the court in the prosecution, procedure of investigation activities and the evidence specification of trial procedure, so as to enhance the consciousness of evidence, students' awareness of procedures, to enable it to high standards, strict requirements in future investigation work, improve the quality of handling cases. In addition, criminal law course has its own characteristics, such as the law is abstract, strong program performance, it is easy to make people feel boring and so on. Those who have never had contact with the criminal procedure law of criminal procedure, the lack of perceptual knowledge the students have this course of study is the fear of difficulty, often reflect the criminal procedure law are difficult to understand, after not fully understand. The simulated court as a visual teaching method, typical, vivid and intuitive. Simulates the court directly, is a kind of die like visual, it can clearly, clearly relevant features and external relations of the special court. Design and organize carefully by teachers, students can directly participate in the teaching activities, to know the whole process of the court trial, perceptual knowledge to obtain the relevant procedure in criminal proceedings, to further understand the textbooks and teachers' classroom teaching knowledge, the students of the criminal litigation law of learning knowledge into rational knowledge to lay a good from emotional, this is the advantage of practice teaching. To participate in the judicial activities of simulated court through the organization of students, to stimulate students' curiosity and interest in learning, to mobilize students learning enthusiasm of the criminal procedure, function and significance to enable students to personally experience the legal knowledge in real life.
2Tissue specific practices, simulates the court teaching
1.The mobilization and organization, carefully rehearsed
Teachers mobilization, solve the problem of students' learning attitude is illustrated by the fact that, because criminal law course has very strong practicality, simulated court activities, is not only the needs of teaching, but also the students' requirements. But, to proceed, students often do not understand the deep and lack of confidence. Usually for specific performance:
One is the attitude does not seriously, that simulates the court is not real case, be careless, even without discipline, have a pleasant talk together in rehearsal. Two is not active role, especially as the defendant, fear of causing the classmate joke. Three is that lack of legal knowledge, make it too easy, not easy to do a good job. Four is that the course of the learning task, difficult to arrange a time.
According to the actual situation of the students more, teachers must do mobilization. First of all to the moot court teaching purpose, plan, the specific practices and requirements, the students made it clear that. Students only clear the moot court teaching purpose, in order to overcome the negative, fear of difficulty and arbitrariness, in a serious and earnest attitude to actively participate in the activities, and in strict accordance with the provisions of the law of the trial procedure of various preparation work; secondly, should be promptly dry contact with students team management, coordinate the extracurricular activities time arrangements; third, to strengthen the education on students to participate in activities and consciously abide by the court of discipline, students are required to complete the part, serious, maintain authenticity, accuracy of moot court, and guide students to make a proper choice of court role, do ideological work on the role of students; fourth, it should be clear that the assessment standards, as a principle the whole teaching process requirements for the students, and the pre compiled good "a court trial procedure"(Operation rules of moot court)How to organize, "the court investigation", "criminal evidence use problems" and other relevant materials distributed to students(A hand)Ask the students to learning,, master, in strict accordance with the statutory procedures.
In the beginning of moot court activities, teachers should also organize students to watch the people's Court of criminal court trial video, video on trial were explained by the teacher evaluation. Simulates the court before the start, should be invited to a court, procuratorate, lawyers working experience for specific guidance teachers. If possible, ask the people's court trial personnel on-site guidance, post comments.
Choose cases carefully, the basic outline of the development of good court activities choose cases carefully, is a key link of moot court activities. In order to ensure the simulation trial results, the chosen cases have typical. The best choice for those problems exist both in substantive law and procedural law case, for example, are controversial in the crime with the non crime, this crime and other crime, or the investigation organs collect evidence for the presence of defects and the investigation organ and the construction of the evidence system can be established in dispute etc.. Such a case, help students to participate to the previous knowledge for further understanding and digestion, can explain the relevant legal provisions, analyzes the deficiency of legal provisions, to enable students to understand, grasp the basic principles of law, to develop students practical knowledge, ability of analyzing and solving problems, improve their ability to comprehensive use of legal. It should be noted that, the selected cases should not be too complicated, participants in the proceedings can not be too much, so as not to sit too long; not too simple, should have certain difficulty, has the nature of debate, so that more students get the opportunity to exercise, and can simulate the whole process the court in four hours.
In determining the case, teachers should copy the case investigation files to the students, organizing students to seriously study the case, according to the different roles required to do the preparatory work before the trial. During rehearsal and hearing, teachers allow the defendant confession or to keep silent, refused even to a lawyer for the defense breakthrough in basic outline of practice, to develop students ability to improvise.
Rational division of labor, prepare packet. Each class of moot court activities, each class should be responsible for the organization, leadership of student cadres. According to the needs, can be composed of several groups, such as the trial group, prosecution, defense, the defendant group group group and logistics group, teachers should mobilize all students to enroll in. In order to strengthen the leadership, cadres have division of labor, participate in relevant groups and play a role in. Based on the students' free registration, if found each force is not balanced, teachers can be based on the ideological work, the individual adjustment, in order to achieve give full scope to the talents.
Choose a good trial personnel, especially the choice of a good command of the activities of court judge is very important. Marshalling, each must immediately to separate, such as analog legal documents in court(The prosecution, defense, book judgment etc.)And the witness, material evidence, documentary evidence, appraisal conclusion evidence, material preparation, various court asking an outline and the court statement, must be ready ahead of time. The clerk will prepare to attend the masses to read the "rules of court" in court, and prepared to court records. Prepare and rehearse before the court in a month or so is appropriate.
2.Fully prepared, formal trial in court
Choose a good time of the session, the teacher should guide. Simulates the court should be closely combined with teaching timely. Simulates the court preparation can advance, but the court time to be appropriate, after the procedure of first instance should be finished by. Teachers should be included in the simulated court teaching plan, establish evaluation scheme and to the students declared. The simulation results can be used as a court, the achievement of students in peacetime to register. In the simulated court activities, teachers should pay attention to the whole process of guidance, understanding for students, specific knowledge about the legal counseling, help solve the difficulties. In the simulation of the court, teachers should always stick to their posts, carefully observe the whole process of the court trial in the gallery, the problems timely recording, and pay attention to observe students' mood and the order, guarantee the moot court begin well and end well, achieve the expected teaching goal.
Good logistics support work, do no danger of anything going wrong logistical requirements deeply, everything should prepare early, repeatedly check. Such as clothing, police has to be ready ahead of time, so as to avoid a formal hearing appear flustered. Before the court may issue a notice, the simulation time and place of the hearing, the court, in the form of notice posted in the campus, welcome leaders and teachers and students participate in the meeting and give guidance. Emergency measures in addition to taking into account a temporary outage, audio-visual equipment failure etc.. Conditional circumstances, should also be ready to camera or camera, convenient for taking pictures in the trial court in simulation, leaving the archives.
3.According to the assessment, a comprehensive summary
Fruitful work should be scientific summary, in order to make the practice more into knowledge and experience. Teachers in the judicial activities of the moot court summarized, can adopt the following methods:
One is the specific mode and the provisions of the laws, the moot court each group represented on the court trial, the judgment reason entities focus etc.. Can put forward questions to the other students on the court, such as the advantages and disadvantages of trial model etc..
Two members of the court and the other is on the students on issues related to the trial comment, and carry out exchanges. Students have the right to comment on any court in the performance of personnel, can also talk about his own views on the court trial, to explore the problems appeared in the. Communication should be two-way, in order to give the role of students to respect and realize the sharing of resources to any audit, students should be in line with "my supporters and beneficiaries of the principle of" simulation of court, concentrate on audit. Students have the right to assume the role of the court is related to the court of any audit students, to explore controversial view, students should be asked to answer.
Three teachers make a comprehensive summary. The teacher as the implementation of command the moot court and this way of teaching, to do a summary, which will solve the teaching achievement, teaching questions, specific problems of legal theory and practice of students to explore more deeply, enlightenment. Summary of activities in the teaching of moot court, can further improve the students' learning effect.
We should focus on the following aspects: first, summed up the problems in the guidance of student groups, from the legal knowledge and understanding of the use of material, preparation, trial court organization ability to trial activities in speech and deportment were summarized, and fill in the experiment report seriously; second, are sure to learn communication with unique insight, interpretation and Analysis on the difficult problems, and the simulation trial activities and communication in the outstanding performance to be praised; third, organization of each classmate the moot court for comment to the refined language, and then by the teacher according to the students' evaluation put forward further thinking; fourth, by teachers and students in the review team, named one of the best the role of each group. The review standards generally have the following several aspects: behavior whether accord with the rules of the court and serious operation; can accurately using the legal reasoning, is a thorough; language is wonderful, strain capacity is strong.
3In the future, a simulated reflections on the court teaching building
Simulates the court teaching has long been considered the procedure law teachers in class by teachers of independent tasks, organization and operation, the students only in accordance with the teaching requirements of the practice, no system to restrain and security, that simulates the court application scope is very small, the time is very short. Without the teacher's teaching program, students are difficult to simulate court their own organization, even if the tissue is the lack of effective guidance, randomness in the operation, the lack of appropriate constraints. Therefore, the author suggests that we should strengthen the following aspects of work.
1.To enable teachers to improve their professional ability, develop the spirit of love and dedication
The teacher wants to organize the moot court teaching activities, they must have a solid foundation in legal theory and legal knowledge is relatively complex, it is more important to have a spirit of dedication. First of all, to improve their ability to comprehensive use of legal, not only to master the criminal procedure law, criminal law, administrative law should also learn the knowledge, but also have some court work skills.
As a mock court activities, teachers should pay a lot of effort must. In order to improve the teaching quality, so that the work can consolidate and develop, but also the establishment of specialized teaching archives, the accumulation of statistical data, the accumulation of each of the activities of the written summary, judicial documents, photos and video tapes, for other teachers or teaching reference. Therefore, the spirit of love and dedication is very important, a cause of heart is not strong teacher is impossible to finish this work.
From the trial activities, the case is the content, procedure is the form, content determines form, but also on the form. Simulates the court is tried, a teaching method of substantive law and procedural law of organic combination of therefore, every teaching activities are not related to the substantive law and the procedural law and the related legal theory, all the teachers should pay attention to and support, comprehensive guide. In the court of criminal procedure law teaching, conviction and sentencing issues about the case, it is necessary to invite criminal law teachers under the guidance of public prosecution, public prosecution; a Book of words, defense, judgment, writing, it is necessary to invite teachers to give guidance of judicial documents. But court simulation laboratory to designate a person responsible, registers, each event borrowed items should be cleared up, return. So, the moot court activities is a good way to enhance the sense of responsibility of teachers, improve teachers' cooperation, strengthen the team spirit. Of course, as the criminal procedure law teachers, but also to their own high standards and strict requirements, try to learn the relevant professional knowledge, strive for independence to undertake a mock trial activities and the instruction, can not form a dependence on other teachers.
Moot court activities, link and the bridge is the establishment of good relations between teachers and students. Usually teachers are often left after class, students have problems when always cannot find the teacher. The moot court activities, is the close cooperation between teachers and students, the joint efforts of teaching activities. The teacher plays the leading role, teachers' knowledge and operational level, moral quality, ability quality, influences the students' spirit, be a model for others, will win the respect of students; students' positive performance, in the moot court activities organizational ability and spirit, will also get the teacher appreciation, understanding and care. Blend the Teacher-student Psychological, provided the conditions for the establishment of good relations between teachers and students. The academic knowledge for the establishment of the pursuit of the content of the relationship between teachers and students, can achieve better teaching benefits teachers as well as students, is not only beneficial to students' moral sublimation, but also conducive to the improvement of the teachers, teachers' occupation honor enhancement. A good relationship between teachers and students is the important guarantee to improve teaching quality.
2.We should improve the overall quality of students in Teaching
Moot court activities as a form of teaching, focusing on cultivating students' ability, achieve the goal of quality education. Process training simulation of the operation is the ability of the court, public security colleges teachers in the teaching process, it is necessary to pay attention to imparting knowledge, improve the students' level of knowledge, cultivate the students ability and on the other.
A, improve students' political quality. Has always been a great educators of Ideological and political education of students, training objective of higher public security education is the advanced talents with all-round development, which requires the students during their studies to adhere to the important thought of "Three Represents", firmly establish wholeheartedly for the purpose of serving the people, cultivating handle cases according to law, impartial and honest. Following the ideas, ways of thinking and working seek truth from facts, integrating theory with practice. The simulated court activity is a new form of Ideological and political education for students, students can receive a good education from. The police college students, ought to abide by discipline mentioned training law-abiding consciousness height from sleep, because carry out trial activities moot court, more rely on the strict organization discipline to ensure.
According to practical experience, in the trial activity simulation before the court, the first to mobilization, education students to ask for the people's police standard strictly, abide by the provisions of the state court discipline. To further emphasize the rehearsals and sessions, and never allow any breach of discipline of the court case, and as one of the last evaluation basis. A comprehensive summary, also summarizes organizational discipline situation, and ask the students in daily every word and action, to firmly establish the sense of organization and discipline, is the so-called: "peacetime wartime, peacetime wartime by."
Therefore, the moot court teaching, should strengthen the law-abiding students view, to do boldly what is righteous healthy concept, culture and enforce the law impartially, not swayed by personal considerations of the occupation morality, protect their legitimate rights and interests of the concept of the rule of law and so on. Simulates the court is the students learning methods, usage of "playground", is the student edify sentiment, improve the important position of political quality.
B, improving students' comprehensive quality legal services etc.. Comrade Jiang Zemin in the 15 big reports of the party has clearly put forward the strategy of governing the country building a socialist country ruled by law. Excellent legal talents the society ruled by law should have the legal needs of the solid theory foundation, excellent understanding ability, strong language skills and ability to organize activities. And simulates the court teaching helps to cultivate the students' comprehensive quality.
A mock court success require students to have a comprehensive legal quality. We must first understand the law, have the ability to use these Provisions to solve practical problems; secondly, should have the legal document writing ability, should be standardized, accurate; third, have good eloquence, the two sides in court debate, is the embodiment of courage and wisdom, is the language charm of the show. The legal quality of these three aspects, can get exercise and improve the simulated court practice.
A mock court activities carried out smoothly, students need to have a certain ability of organization and coordination. Moot court, provides a platform for students to exert their initiative, creativity and ability to organize. Simulates the court is under the guidance of teachers, rely on the enthusiasm of the students, the independent operation completed. Teachers' responsibility in the moot court teaching activities, is to inspire, guide the students to think independently, initiative, creativity of students. The specific work of the organization, should be based on students, let the students to explore, to encourage students to solve problems independently, to enable students to get exercise and improve the ability of organization. Simulates the court needs to find material, determine the role of the parties, coordinate with each other, to prove his claims to be logical with evidence, procedures should be everything in good order and well arranged, these all cannot do without simulation coordination court participants. Simulated court activities, is not simply a few students as to the role of activity, but the whole class activities. The fact that, in the activities of a lot of work to do, only a few people are unlikely to mock court. But, can only rely on the collective strength, so that each student can through participation in the activities of the exercise opportunity, but also to avoid the main work moot court by minority students to take and affect their normal study. In practice, it is necessary to carry out specific tasks to each group and each member of the body, but also carry forward the "class is a division of labor, regardless of" spirit, mutual cooperation, common support, process to process the activity itself is to accept the education of collectivism. In a sense, simulated court activities, is the collective force of a review, but also a test of the ability to organize and coordinate various cadre of students.
The success of a moot court teaching activities carried out smoothly, to cultivate the students' creative ability. The law is abstract, general, to solve the practical problems of the myriads of changes with limited provision, use law needs to be creative, it is the legal flexibility. For example, the law procedure can not be detailed specifications to court every word how to say, how to do each behavior. How to trial activities, need to use creative thinking will become vivid and easy operation of law. And how to use evidence to prove the facts of the case, the law how to fix the incomplete, is a direct test of students' creativity. Can say, students in the simulation in the courtroom speech and deportment, just learning to use the legal process, but also the ability to create and improve the learning process.
In short, the mock trial activities applied in criminal procedure law teaching, can make the indirect and direct experience, rational knowledge and perceptual knowledge, and practice, and combined with organic, arouse students' interest in learning; to improve the comprehensive ability of written expression, students' oral presentations, logical thinking, the organization and management, practice and innovation; to cultivate the students' sense of justice and good psychological quality; comprehensive upgrading to promote teaching effect, the quality of teaching; but also beneficial for other disciplines edge science teaching the accumulation of teaching experience, a fundamental change in order to achieve the educational concept. Therefore, in the public security institutions of higher learning should be advocated energetically simulates the court teaching extensively.

Nine, the commercial law
(A)Modernization of commercial law
Modernization of commercial law is also the law out of the shackles of traditional first should be a gradual process, because the law actually carries a commercial law, commercial law legal procedures and commercial legal ideological content, a full range of therefore, in the process of business innovation in China, can not appear "beard eyebrows grasped" the situation, but should find out the starting point. In this regard, the theory circle of our country still have different opinions: some thought that we should let the commercial practice to promote the development of commercial law; some think, because of the statute law of continental law system, should be used and commercial influence, compilation and commercial activities of commercial law brings on business law modernization in the same starting line. Secondly, the modernization of law relates to our commercial law on foreign modern commercial reference and transplantation. Legal transplantation, reference is actually based on a clear understanding of the specific conditions of our country on the analysis, comparison, to represent the development trend of the times and the commercial law of selection and specific commercial law system, procedures and the concept of international convergence. Once again, the commercial law ideology is the key to the modernization of the commercial law, it affects the legislation, also affect the commercial law implementation. Special law commercial law in our country has promulgated, such as "negotiable instruments law", "company law", there are some problems, some special commercial law, the implementation effect such as "bankruptcy law" and the poor, and the lack of consciousness of modern commercial law in relation to. For the modernization of commercial law, many different viewpoints. In this regard, Professor Xu Xuelu's view has the guiding significance, he thinks: first of all should be clear commercial pattern of modernization. Because China's commercial law is mainly appeared in the earliest, coercive force of the society at that time, very stable provide for oneself state of natural economy and profound "restraining commerce" cultural sedimentation in front, commercial law is insignificant. Reforming and opening makes self role increased, and trade of China and foreign countries increased in the short term, issued a number of laws and regulations, business law system seems to be in the form of a modern features. We think, can be understood from the following several aspects of modern commercial law:
1The problem of commercial law, the adjustment object
The commercial law, almost all believe that the adjustment object of commercial law is formed on the profit-making behavior of commercial legal relationship between the commercial subject. To go further in commercial law, commercial law legislation is produced on the principles of objectivism, subjectivism, objectivism is eclectic, fingering law to develop the concept of business behavior, according to whether the person, regardless of the implementation behavior for businessmen to do business, as long as the relationship between the occurrence because of business behavior are commercial relations. The so-called subjectivism, by law to set out the concept of merchant, caused only merchant business behavior is the commercial relations, if the actors are not businessmen, its behavior is not the business behavior, the relationship is not commercial relations. And the eclecticism of both the former two, first prescribed some behavior as the commercial legal acts, whether for business, as a commercial behavior, and behavior, must from the merchant is commercial behavior. From the legislative practice in our country and the traditional theory of commercial law, the commercial law, there are usually commercial law and commercial law to the. Such as the "company law", "partnership enterprise law" as the commercial law; and "negotiable instruments law", "Securities Law", "insurance law", "maritime law", mainly for commercial act. But in any case, the adjustment object of commercial law or legal commercial relation.
2Standardization of the law
The standardization problem on law, can understand from two aspects:
First, the standardization of commercial law system. From the commercial development, no matter in Rome as the source, or to the Greek law as the source, medieval European business development, will undoubtedly provide an opportunity for the development of commercial law, but the performance is mainly commercial practices the Mediterranean city law. Then there was a businessman autonomous organizations of a set of legislative and judicial powers in a body, the business world dispute processing. However, there was no specification of the commercial law and regulations. Until19Century European codification movement in France, its first "commercial code", followed by Germany, Italy, Belgium, Luxemburg and other countries, have begun to draft, commercial code implementation. In the UK, and set up the1882Bill act,1885Bill of lading act,1894The bankruptcy act,1906Marine insurance law,1948Years of company law; in America uniform state legislation, has formulated the1896Uniform negotiable securities law years,1909Years of unified bill of lading and uniform transfer of shares method,1928Unified business corporation and act1952The uniform commercial code, etc..
As to China, the standardization law go relatively difficult, because of the reason as everyone knows, the development period is in the past20During the year, the company law, bankruptcy law, insurance law, negotiable instruments law, maritime law have the meanings of the text on the law, of course, these laws also have various problems, also need to modify, supplement, perfect, integration. In addition, China has not "commercial law". At this point, some people think that, in our country commercial form of choice, not only should not exaggerate the commercial code, the commercial code form, also cannot deny the existence of the value of commercial code, a simple use of specific legislation, but should be based on the full consideration of actual needs and appropriate western legislation experience, at the same time to determine the commercial code and the special legislation in two forms, the flexibility of organic commercial code and the stability of the single legislation combined, such, can ensure business the authority of the code, and can meet the need of social economic development.
Second, the commercial law regulate the behavior of the meaning of existence is to make commercial transactions in the ordered state, the protection of commercial transaction security, therefore, commercial law created such as publicity, force doctrine, appearance and strict doctrine to standardize the modern commercial behavior. Publicity refers to the commercial interests of interested business reality, has the obligation to inform, in commercial transactions, traders need to first understand each other's information in order to make the best decision. In order to reduce the transaction time, transaction cost savings, some matters of public is very necessary, such as the relevant provisions in the company law on public:1.Company registration announcement, namely the establishment of the company, change, cancellation shall apply to the competent authority for registration and announcement;2.Shares of the company shares of stock prospectus, the listing announcement bidding etc.;3.The plan for company bonds offer announcement;4.Company merger, separation and dissolution of notice; securities law, company on the information disclosure of listing Corporation especially strict. And the "maritime law", "Regulations" provisions of the ship registration to obtain ownership, transfer and elimination, should register. Compulsory "refers to the impact on commercial relations by means of public law. This is a manifestation of commercial law, but also an inevitable result of the modern laws to modern transformation, is the law of "social standard" thought result. Compulsory principle in our country is mainly reflected in the company set up a strict control and major corporate behavior, strict examination and approval system of bill behavior to type, securities and insurance supervision of the country, the bankruptcy of the enterprise and government intervention. Appearance is the legal effect of fingering law is based only on the behavior of party transaction appearance to identify their behavior, which is on the publicity in the fact, even if the actual situation and the fact does not comply, it finds its effective. But to trust the appearance and the corresponding activities of people be protected, in order to safeguard the security of transactions. In China's commercial law, mainly manifests for the proof, the meaning of the bill and the bill for endorsement, bill of lading the probative force of insurer waiver and estoppel. In particular, is the meaning of the bill is all rights and obligations of the best interpretation notes Rechtsschein created, completely, strictly to the paper on the record date, even if the records of the literal is wrong, but also to the righteous shall prevail.
Doctrine of strict liability in commercial transactions, the obligations and responsibilities of business people be strict requirements. This is to ensure that the transaction security, integrity and fairness. For example, the provisions of the company law Limited by Share Ltd sponsors jointly and severally liable to the company to have not established the joint liability for the debts and expenses; subscribers have to pay monies negative return of principal and interest; in the negotiable instrument law, draft, promissory note the drawer, endorser, acceptor and guarantor to the holder shall bear joint and several liability insurance; the provisions of the law the insurer of liability without fault of the applicant or the insured negative. These are the embodiment of the doctrine of strict liability.
3The problem of international commercial law
The deep reason of modern commercial law international, exist in the commodity economy. Due to the commodity economy is widespread in the world, in the law directly to the performance of commercial law(There is a part of civil law)Internationalization. But because of differences in cultural tradition and geographical location of the similarity between each other is not enough, and our country in the "WTO" after the economy will be fully integrated into the global economy, the commercial carrier as the market rules, inevitably to accept the new integration. In China's commercial law in the legislative practice, are also concerned about the commercial law common to a certain extent, pay attention to the connection with international rules and practices, such as China's "company law", "Securities Law" of the draft, in the content and the system is the reference and from laws and regulations in Europe, USA home; company law Zhou Yousu pointed out: the current company law still existsWTONot conforming to the rules of the law, even higher than the upper law case. Therefore, he believes that the current company should focus on the "big change", abandon the previous' minor 'approach, "to be injured in the sinews or bones" type change, he also suggested that the modification of the company law should consider the merger with the foreign investment enterprise law, the Unifi Inc law. Of course, he also reminded: in addition to the main channel of company legislation, the construction cannot ignore the relevant legal system. Another is a noteworthy last year to "insurance law" made the change also reflects the international standards and principles, such as the legal reinsurance gradually cancel and property insurance company now operates two legal person insurance business.
4The problem of commercial law, electronic
The comprehensive development of the network technology, proposed the new task and development opportunities for the commercial law, it realizes the electronic trade activities in each stage in the whole process of trade. Compared with the traditional trade, e-commerce in the aspects of a very different. In the deal, is no longer limited to the material elements, knowledge and information exchange plays a very important role in the body;, the network service providers, and distribution enterprises, Internet companies such as new commercial body along with the electronic commerce, must clear their status in law, otherwise it will make online transactions is not right state; in business activities, electronic commerce is accomplished by electronic contracts, electronic payment, transfer mode, while promoting the transaction fast and flexible, but also for the contract certification, the absence of credit and the right relief all have negative impact. Of course, the electronic commerce as the future leading trading mode and means of competition is inevitable, means new trading ideas, it brings the inevitable requirement, as commercial innovation of modern trading standards, create a legal environment required and living space for its development.
5Commercial law, localization
Professor Xu Xuelu has pointed out, a very important means of modernization of commercial law is the law resources for transplant and reference. However, each country, each place has its own legal characteristics, and has general applicability, and has the national characteristic. There will be and the problem of conflict and fusion of their traditional legal culture is each country's legal system modernization process, even in countries such as American, Britain is no exception, China's modernization of commercial law also should consider the factors of localization, Dr. Liu Junhai said, China's company law amendment, should as far as possible reference the international practice, in line with the company law of developed countries in the world, but experience absorption should proceed from China conditions, its localization, because China and Britain, the United States and other countries in the legislative cases also vary, so should choose and follow what is good.
(two) the construction of the modern business practice of teaching effective
There are some problems of commercial law course teaching, one of the most outstanding is not out of "heavy didactic theory, light practice training" teaching mode of traditional legal constraints, leading to open formal curriculum.
1Commercial law practice, teaching goal hierarchy
Culture and commercial legal practice ability of the students is the overall goal of commercial law course, this goal can be divided into the following three levels:
(1Objective knowledge). This is the basic aim of commercial law course, it require students to consolidate obtained by principles of curriculum knowledge in practice, and gets no acquisition in the course of knowledge.
(2) skills. Basic skills students are required to master the practical operation of the target, is the core aim of commercial law practice curriculum. The realization of knowledge and skills of the target object is different, knowledge can be acquired from books, can also through practice, and master the skills are mainly through practice. "The law is a highly practical discipline, it is not only by some universally valid propositions, and requires a lot of 'practice', requires a lot of hard to communicate with words of knowledge", as a carpenter with good workmanship, doctors diagnose the disease, law students must pass the training and get practice ability.
(3The emotion goal). The emotion goal is to influence students' thoughts and feelings through the teaching activities, so that they can use legal theories have to infection society, even to reform the society, not to become a reality "slaves", and the formation of a strong sense of justice and social responsibility in practice.
2Attribute of the curriculum itself, requirements of teaching mode
Construction of the teaching mode should focus on the teaching target, also according to the properties and characteristics of curriculum itself.
Property law practice course and the requirement of teaching mode is mainly embodied in the following three aspects:
(1Strong operation). Commercial law practice course and principles of commercial law course compared with the operation characteristic, such as the establishment of the company and procedure of teaching, focus on the principle of course is to make students know what are these conditions and procedures. The so-called condition refers to the person's condition, object condition, behavior condition etc.. The course requires students to grasp the basic knowledge, to workers in the legal status, legal thinking their own to complete the process of a company from scratch. The completion of the many links in this period, contact the relevant parties, dealing with the relationship of the relevant departments, the focus is to train students to everything in good order and well arranged to face the reality, and the use of legal knowledge and skills to solve problems.
(2Strong technical). This is characterized by the commercial law determines technology features, modern commercial transactions more into the advanced science and technology, it requires people to have a more precise, meticulous technical knowledge and thinking. For example, China's company law in the legal registration of the limited liability company and Limited by Share Ltd capital, investment types and its value assessment, the general meeting of shareholders and board of directors of the rules of procedure and voting procedures, the Limited by Share Ltd initiated the establishment and fund raising, the prospectus production, Issuance and transfer of shares of the listing Corporation, the conditions stipulated in the company, financial system are reflected, and the Modern Corporation to set up, operation technology is closely related to the standard. Therefore, technical feature of commercial law practice curriculum will be highlighted, it not only requires students to master the technical specifications, but also requires students to proficiency in the use of these specifications, complete specifications of behavior.
(3) comprehensive strength. Embody comprehensive commercial law practice course has two aspects: first, the integrated use of knowledge. In specific commercial legal practice, which relates to the substantive law and procedural law knowledge, knowledge, both commercial law knowledge, and knowledge of related disciplines. For example, in bankruptcy cases, students are required to use bankruptcy substantial part of knowledge, conditions and procedures of bankruptcy of the knowledge, the bankruptcy procedure, the two are inseparable. Also, in the notes in practice, not only require students to have a knowledge of the law of bills, and inevitably involves accounting knowledge. Second, comprehensive ability. In the commercial law practice, students have to use the knowledge of the law and the related knowledge is not enough, because students will inevitably have to deal with customers and relevant parties, some of the management organs, legal and policy relationship, to students' comprehensive abilities in using brains, hands, mouth in dealing with these. Department of.
3Construction of commercial law, practice teaching mode
Highly summarized factors of teaching mode of teaching ideas, teaching principles, teaching methods, teaching form and so on, is a reflection on the tools and methods of teaching process as a whole. In order to realize the commercial law practice teaching goal, the teaching mode is constructed from the following aspects.
1.Insist on the guiding ideology of the students as the main
The teaching process is the teacher students in purposeful, planned, organized under the guidance of educational activities, learn and master the basic knowledge of science and culture, basic skills, develop intelligence, physical strength and the formation of the ideology and moral character of certain social. Specifically, the teacher has the goal, to organize teaching, is in the leading position, while students are the masters of learning, in the subject position, it is learned that modern education. In the commercial law practice teaching, must fully manifest student's main body status. Teachers in the teaching activities of the mission is to create problem situation for students, and guide the students how to do the didactic component, teachers should be greatly reduced, the problem to the students, then the teacher guidance and evaluation. From this perspective, the practice teaching process is the first to teach, students is the forerunner, only in this way can develop their independent thinking ability and practice ability, teaching business law practice purpose can be realized, so the guidance to the students as the main body of the commercial law must be run in the teaching practice.
2.In order to commercial examples as the breakthrough point
Introducing the business case is the first step to commercial law theory to commercial practice, is an important way and the breakthrough point for the commercial law practice teaching. Commercial examples into classroom teaching can be divided into two types: one is the virtual case; two is a real case in life. In the long teaching, teachers in the introduction of the case, often according to the need of the facts of the case or the real case to choose, is a case of a case, to the interpretation of law, because the law case, illustrate a concept or a problem with a case, this kind of practice is to highlight the theme, drawbacks however did not shake off the heavy theory and practice of light traditional legal education. Commercial examples of the teaching should pay attention to the following questions:
First, real commercial examples. Commercial case introduction teaching should and must be connected with the social life, this can be true for students to create the question situation, stimulate students interest in learning, inspire students to analyze problems, to solve the problem of motivation, cultivating students' sense of social responsibility.
Secondly, comprehensive commercial examples. Business case itself is a comprehensive very strong, such as in the establishment of Limited by Share Ltd, the company set up knowledge, but also relates to the securities legal affairs, for investment performance and relates to assets evaluation and accounting affairs, therefore the introduction of case not to make too many choices, but should reflect the feature, can to cultivate students' comprehensive ability to use knowledge.
Third, open commercial examples. Openness can be embodied in two aspects: one is the openness of the facts of the case, which provides students with a comprehensive case background material, make the facts, evidence is not in a fixed state, comprehensive guide students to observe, to carry out comprehensive thinking, cultivate their ability to solve difficult problems in complex environment; two the answer is open, the problem should be multi angle.
Fourthly, the whole commercial examples. The whole is introduced to avoid the limitations of case interpret out of context, causing students to think about the problem. For example, in bankruptcy practice, students should be asked to coherently to complete the four procedures, namely the bankruptcy conciliation procedures, the starting procedure, declare the proceedings and liquidation procedures. Examples of full can provide sufficient space for the student to analyze the question, to solve the problem, so as to develop its comprehensive thinking.
3.Based on the actual training as the main teaching methods
Practice teaching is the core content of practical training, students in the actual training can come into contact with the facts as in real life, and learn to use the knowledge to independent analysis, problem solving. Practical training can make students in observation, thinking and operation of the process of deepening understanding of the law, to test the correctness of the existing rules, training students to explore and solve the problem, but more important is to train students to form a kind of and practice in much the same way of thinking, and learn some words can not convey only by practice, can accurately grasp the knowledge. For the practical training of the students can be carried out through the following ways:
First, simulation training. Simulation is to establish a simulation environment, establishing a role for students, let the students learn in practice, in order to improve the perceptual knowledge and shorten the distance with the society. The key simulation teaching lies in the creation of situations, namely the creation of a situation, and make the situation overall effect on the consciousness of students, so that students have a feeling of be personally on the scene, this can let students experience the law in legal situations, learn to like to practice law workers to thinking, to deal with the problem. Situational teaching needs two conditions: one is to have rich practical experience, can create the real situation of teachers for students; two is to have the related teaching equipment, places and other auxiliary conditions. If the teacher not to provide students with a realistic situation, just interpret out of context, not only the purpose of teaching can not be achieved, even mislead the students. Similarly, if the lack of the necessary equipment and facilities, the perceptual knowledge and rational analysis also affects the students.
Second, the real case training. The real case of training is to let students contact real parties for legal affairs, real. The real case training can be carried out through two ways: one is the school practice; one is the internship. Practice is the premise of schools with the legal services agency, the agency of such practice base, such as in some university in China set up a clinical legal education course, accordingly, colleges and universities to run some legal service organizations as the carrier clinic teaching, the law service agencies to handle legal affairs in the real, treatment course students can participate in real transaction. In the practice process, students can get the teacher's instructions, and can communicate with the teacher promptly to solve the practical problems encountered in the. The practice is in the unified arrangements of schools and organizations, can determine the practice time, unit, method, organization and management and practice of the specific requirements for students, such as organization students to law firms, the court and the company, the securities regulatory authority, the administrative department for Industry and Commerce for field study. This activity can exercise the legal application ability, students' ability of language expression, can also exercise their social ability. The practice has led to the teachers, employers generally have a designated staff as an instructor, but because the teacher and teacher's time and effort and responsibility and other reasons, students sometimes can not be timely guidance. The above two kinds of real case training methods have limitations of development, should be applied according to the specific situation.
4.By on-the-spot investigation as auxiliary teaching method
At the same time to carry out the actual training should be complemented by field investigation necessary, such as organization students to go to the court to watch the commercial case, go to the company, bank, industrial and commercial bureau, securities companies and other social sectors to observe. Through on-the-spot investigation, can achieve the following objectives:
First, consolidate the students through practical training skills. During fieldwork, students on the sidelines to feel the method and process of the actual departments handle legal affairs, they will see and training were compared, so as to enhance the acquisition of skills impression.
Secondly, through practical training no learning skill. Field study can expose students to not touch the problems in practical training, and then obtain the skills.
Third, strengthen students' intuitive feelings. Fieldwork is to allow students to feel everything he saw, such as feeling legal workers, to solve the problem of mode of thinking, language and their emotions, feelings of social actual life environment and so on, in this process, some strong, new things will impress the students deeply, and it will improve the students' spontaneous formation of social responsibility and sense of mission. To carry out on-the-spot teaching activities need to be careful arrangement, so as not to make on-the-spot investigation turned to glance over things hurriedly.
(three) the innovation of commercial law teaching point, line, surface, body thinking mode
In the face of commercial law teaching content, time is short, the students under the new features of uneven, some scholars put forward "delimit to face", "plane", "on line", "the line to face", "the group" teaching mode of thinking to solve new problems, this introduction as follows:
1, designated as surface
Any of the textbook, the overall total to several different levels of knowledge both connections and differences, "commercial" textbook vice versa. If taught in accordance with the "commercial" tutorial Chapter one by one to stick closely to the pattern given, one time does not permit, two students are not welcome. The "commercial" tutorial whole cutting: tell students about the basic theory of commercial law, for their future learning and lay a foundation to explain some of the main laws and regulations; let the students more contact with the practical business, strengthen the practical and operational ability.
2, plane point
The basic concept is "commercial" tutorial level of "point", the basic theory, basic principles. The practical teaching is the basic teaching. The so-called "plane" is to three basis points in each level "". In order to prevent the subjective intention, misinterpretation of textbooks, teachers should first clear concept of "theory" and "theory". Then, by virtue of the concept of "capture" the basic principle and basic theory of "point". After understanding induction to impart to students.
The principle is based on a large amount of business practice, so the correctness of the test and the actual. The author believes that, in the "commercial" tutorial, said principle formulation: "the principle", such as the general principles of the commercial law, the two is the "system", such as company system, bankruptcy system, bills, securities, insurance system; three is the "definition", such as the definition of the shareholder and the company property ownership; the four is "rule", such as the rules. They are the principles of commercial law, is the focus of teaching. The theory is the concept, principle, system, is people's understanding of nature, society and human system!In the "Ci Hai"%. Such as "commercial" in the "commercial relations, in general, is in the certain society through market operations and the formation of social relations, it mainly includes two parts, one is the commercial organizational relationship, two is a commercial transaction relationship". Similar to the representation theory, teachers should be in the "commercial" in each picture.
3On line
The teaching is a basic teaching, but it is isolated, scattered, fragmented. According to the knowledge from less to more, from the accumulation of the simple to the complex, in the teaching process is to consciously "point countless Sanji" series into line, form a rational. The series is based on the "no strict logic among the various legal commercial law" included in the "act of one's own free will, is used to determine the status of" line "". This is an interlinked line. To "strengthen enterprise organization" as a line, can also "to enhance economic efficiency" as the line, or to maintain fair trade, protect the security of transactions for the line. Series way to chart the most concise. Series mode available version of the book, also can use a written outline; with a blackboard in class, extracurricular in outline, after a series of chapters chapter, "general" series "law".
4As the plane, line
This face is not fully restored by combination in designated as the "surface". But in the "on line" form the basis of "three base", "case analysis", "Application of law" and "answer norms". "Three base" teaching is the theoretical teaching, and then three of the teaching is the application of teaching. Theory and reality are unified in this round. Four the teaching must be exhaustive. But often forgotten in the past to answer the teaching standard. Results the students went into the examination room, the problem out. Here only on paper for teaching. The final examination papers, the multi-point and multi line, multi knowledge, and scoring, scoring rules and is a measure of the point scale. The teachers did not participate in the formulation of "standard", "rules". This requires his mode of thinking must have a "leading", according to the "Three Basics" specification, training of students, through the various stages of face to face interview training, through the usual operation test analysis training.
5, adult
"The overall target" teaching mode of thinking from the teaching goal, overall end in teaching. "Commercial law" of the body is composed of its own multi point, line, polygon for elements. Therefore in the review to return to the "body". This return is to understand the students return to the "body" to concentrate on the main points of the Chuanjiang and mock exam one week before the final exam. Found the problem to take remedial measures, such as individual counseling method.
"The thinking pattern of commercial law" teaching goals, from the content words, is under the guidance of modern distance educational ideas, optimize the general teaching objective, cultivating knowledge and expert scholar. From the teaching mode of words, speak, listen, read, the mind, back and study group discussion of the combination, oral and written combination, teachers to teach students combined with the students teach students, learning professional and academic discussion of the combination, classroom teaching and students' self-study combined. From the spatial words, campus, teaching classes, class together, to carry out ideological education combined with three, three, three assessment with rewards and punishments, play the role of swarm intelligence. From the time speaking, organizations face to face, strict attendance, improving the utilization rate of eight hours, in order to promote the internal external cause, good style, good technological warfare.

Ten, intellectual property law
(a) teaching strategies and curriculum of intellectual property law
Intellectual property law is a core curriculum of law major of colleges and universities, it studies and discusses the basic concept, the protection of intellectual property rights object; theory of copyright law, patent law, trademark law, anti unfair competition law and policy; the problem of major international conventions concerning intellectual property principles and contents. Involves the curriculum of intellectual property law of many disciplines, mainly civil law, economic law, administrative law, international private law, international law, international economic law, international trade law, civil procedure law, administrative procedure law, criminal procedure law, etc.. Know the basic principle and the law of intellectual property course integrates almost all law professional courses, is suitable for the world wide. A law major students without a solid, broad, deep knowledge of intellectual property law, it will be difficult to adapt to the future demands of economic development.
1The curriculum, teaching difficulty of intellectual property law
Because of the importance of intellectual property itself, so in the history of the development process has become a subject of broad and profound, which not only give people with rich knowledge, but also for people to learn and grasp the knowledge more difficult. Intellectual property law for beginners, the first will feel of intellectual property law, the contents of large, is not easy to grasp; secondly, will feel the profound theory of intellectual property law, is not easy to understand and memory, beginners have such feeling, because there are difficulties in intellectual property law:
1.Characteristics of intellectual property itself determines the learning difficulty of intellectual property law, intellectual property has features proprietary, time, regional, on one hand the property difference with the traditional open, on the other hand also requires students to master the learning method is different from the traditional legal science.
2.Our country has not yet to establish a relatively complete, mature, unified theory of intellectual property law system, system disorder, increase the difficulty of learning.
3.Intellectual property law system is huge, complex, national intellectual property law into a whole, the huge difference often exists between, understand, accept the difficulties.
4.Study on intellectual property law of China has dynamic large, nearly ten years, in order to meet the demand, China's implementation of the trademark law, patent law, copyright law, according to the latest research results andTRIPSThe provisions of the times change, improve the teaching difficulty.
2To solve the difficulties of teaching course, intellectual property law to
To enable beginners to learn the law of intellectual property rights, first ask students to use learning method, to grasp the basic characteristics of the intellectual property law. Therefore, on the need for students to work at the same time, students are required to pay attention to learning the law of intellectual property right. Therefore, in view of the difficulties in teaching, puts forward the following countermeasures:
1.Accurate positioning, teach students in accordance with their aptitude.
We should be clear about the local ordinary institutions of higher learning of law professional training goal is mainly for the public, prosecutors, law, the Secretary and other departments to develop a solid theoretical foundation and strong practical ability and practical legal professionals, therefore, in the teaching course, for some too abstruse theory is introduced, and the other laws and regulations, and the theory used in the judicial practice problem solving techniques and methods are introduced in detail, so that the students study more targeted, according to the teaching content of the course of intellectual property law is suitable when the change, such as the civil law and common law about the nature of copyright, patent right that day, because the theory is very abstract, need to understand the background knowledge is extremely complex, and at present our country judicial practice which relates to the success, so in this section are reduced, the main background only profile basic viewpoints and view generation. The textbooks in few or no mention, but often used in practical work content, such as approved by the Supreme People's Court on the spirit of the patent law, trademark law, copyright law, anti unfair competition law applicable in a number of judicial interpretation or the typical case, writing instrument related patent agency, trademark agent and knowledge intellectual property infringement litigation in the appropriate increase.
In the case of accurate positioning, training into practice the traditional way will focus on the theory of teaching. In the design of teaching plan, evaluation of performance and the allocation of teaching resources reflect the practical technical training content. In teaching, training students in technical skills include: general technology, special technology, students practice and especially practical legal training etc..
2.The basic principle, master the law of intellectual property laws and regulations of our current understanding of intellectual property and the judicial interpretation of the provisions of. Pay attention to improve the professional quality of students, let the students learn in order to practise is not easy to understand. Because the flexible use of not only by the theory of knowledge is solid, has also been affected by the precise understanding of laws and regulations, judicial interpretation as well as the technology and the methods to solve the problems. In order to realize the knowledge into practice, for the social service, but also make students benefit from learning and using, in addition to the basic principle, require students to master the law of intellectual property rights of the latest research results, the specific regulations also require students to grasp the laws, regulations, judicial interpretation and reflected the spirit technology and methods, learn to look for the suitable to solve the problems.
3.Improve teaching art, prominence to the key points. In order to enhance the teaching effect, the induction, question type, analog and other teaching method as far as possible, from the outside to the inside, from shallow to deep, step by step. Because of the intellectual property rights law section, content, wide range, within a limited period of time(My courtyard arrangement34A class)The case, can not be too small to teach, so for some to facilitate students' comprehension section, the outline of teaching, should pay attention to practical work and the main problems in the basic principle that, by the rest of the students. Problems encountered with a universal solution, then in the class. In this teaching under the guidance of the concept, basic theory, first let the students learn the principles of intellectual property law, then they hold the key to unlocking, self related intellectual property laws and regulations. Note that, when teaching the theory of intellectual property law, not only the statements of a school, should be the premise views on teaching textbooks under, briefly introduced the basic theory of intellectual property law in other countries, analysis the representative country intellectual property law rationality and limitations and lack of. To do so, not only can make the students master the basic theory of intellectual property law but also broaden their horizons, develop ideas, inspire students to think independently, increase learning and discussion of the theory of intellectual property law interest.
4.Quality work and classroom discussion of theory and practice, improve. Let students to learn and research is to serve the judicial practice of faith, therefore, all from the judicial practice of teaching and learning is regrettable. The lectures will be about the content of combined with the actual case, let the students understand the importance of intellectual property law of learning, learning in "learn in order to practise" state of mind. To give students the actual case, the students as a real judicial workers in the case of the atmosphere, strengthen their professional consciousness, improve their professional literacy, cultivate their lofty occupation morals, exercise their practical ability.
Combined with practical work and classroom discussion is an indispensable important link in the teaching, how to improve the quality of work and classroom discussion is an urgent problem to be solved. Effects of students' homework and class discussion quality are perplexing, varied, such as teacher selection problem and classroom discussion questions whether has a clear aim and pertinence. According to the characteristics of the legal profession, the teacher assignments and classroom discussion questions should achieve the following purposes: first, through the homework and class discussion, let students focus to truly understand the difficulties of teaching materials. In addition, some difficult problems, through lectures, tutoring, students are still not easy to comprehend, can deepen understanding through operation. Second, through the work and classroom discussion of cultivating students' ability to use data, and legal norm. Third, through the work and classroom discussion raises the student independent observation, thinking, analysis and problem solving ability. Application of law is very strong professional, students after graduation engaged mainly in the public prosecution, our method, etc.. To improve students' practical ability, is an important task of teaching, training, and through the work and classroom discussion, students professional ability raise, should be an effective means of important. Therefore, work and classroom discussions are selected for case. In order to make the students can work independently on the materials and collecting the classroom, in the same conditions, will make some small modifications to the original case, random distributed to each student, in the same dormitory students, especially pay attention to the difference in content of the case, to avoid the individual student copying homework discussion materials and borrow the class, so that every student can get the real training.
In class discussions, case discussion, discuss to enable students to carry out direct exchange of learning. Methods the classroom discussion is: first requests the student before reading the specified case and relevant materials, and then by the teacher in the classroom to ask a series of questions about the case, and the random change of each question assumptions, ask students to think about the answer to every one, encourage students to argue, so as to train the students' thinking ability, and improve students' ability of oral expression.
In a word, we should grasp the three links of this course in the teaching process of intellectual property law, namely the teaching link, homework and class discussion and after-school practice. Teaching aid of slides, video, computerCAIAuxiliary means for teaching, improve teaching effect; assignments and classroom discussion according to the teaching condition, arrange the typical case, to cultivate students' analysis ability. After-school practice is an important link in carrying out the combination of theory and practice, in the conditions permit, select the appropriate law firm, courts and other departments, a rich experience, also very patient lawyer or judge as a teacher, led the students familiar with the method for intellectual property case program and solve problems, can also choose to hold simulates the court or attend the trial mode, enhance the students ability of integrating theory with practice.
(two) using the case study method in "intellectual property law" in Teaching
The basic purpose of law education, is to cultivate legal occupation, to enable them to understand law, with legal thinking and the ability to settle disputes. Both in the countries of continental law system or Anglo American law system countries, have no what different. However, the two big legal system is due to its legal origin of the different laws apply, show great differences in legal education. The countries of Anglo American law system, the legal origin composed of judicial precedent, the court's judicial activities to decision binding principle as the core, the court directly referenced previous judgment as the basis for the judgment of the. Even in the field of statute law, statute law explanation, are taken by the court. Due to the previous judgment binding, courts in the applicable statute, often does not refer to provisions, and direct reference before the court as the judgment basis. Not only that, but the legal theory guiding the legal development in general is in judicial decisions in development.
While the countries of continental law system on the contrary, by the laws enacted by the legislature as sources of. The contents of the law is a legal concept, which is composed of the abstract legal norms, the law between each other, tight complex logic system has the strict rank structure. The legal system is completed in the legal theory of jurists, the court on the legal system of interpretation and application, also carried on in the legal theory of jurists, if does not grasp the theory of law can not be engaged in judicial practice. Therefore, the legal education statute law countries mainly in the legal theory of interpretation, the students to master the legal content is obtained by teachers in-depth explanation. China's current legal system of the written law, the continuation of the traditional legal education statute, carry out the requirements of natural law. Its characteristics can be summarized as the following aspects: one is the teaching content, the legal provision as the object, analyzes the legal concept, explain the connotation of legal norms and legal system, and on the specific application of the law is less concerned about; two is in the teaching organization, the lecture teaching method, especially teachers teaching; three is in the field of learning, students only listen and take notes, after-school usually no homework, completely in a passive state; four is in the examination, the examination content on the memory test, and the evaluation of students with ability should question the proportion of very small.
This approach, although able to teach students to master the theory of law, legal knowledge, does not cultivate the ability of applying law students, in other words, the teaching method for the students lack of individual cases of how to apply the law training. Due to the lack of ability of applying law training, so that students only legal knowledge, but no ability of applying law, its performance is the student in the learning phase, in the examination of knowledge memory type can make a better answer, but in the ability of application of case study in the error rate is high; and in the graduation after a long time, must pass through the adaptation period to be competent legal practice.
1The necessity, introduction of case study teaching method
(1Shortcomings of the traditional teaching mode)
Legal education is to cultivate the legal occupation, legal occupation people work is to abstract laws applied to specific cases, this process is applicable law. The application of law in civil law countries is very complex, we must first find out and identified pending events in life, then find the relevant legal norms is of decisive significance to the evaluation of facts, and then test the fact whether meet the relevant standard of facts. And the fact that factors into the legal characteristics of the process is not purely logical inference process, but must be legal facts constitute the evaluation purpose and value adjustment characteristics and legal norms associated. The process involves a supplement or legal interpretation of norms, the law loophole, it is proposed to the application of the law is, in specific cases, the applicable law to establish on the basis of convincing link between legal norm and fact of life, which has been far beyond the scope of theory interpretation of the law.
Shortcomings of the traditional teaching mode of law education in China is to focus only on the knowledge of legal theory, but neglected as master and training on legal method the necessary quality of legal occupation. Law students in the education mode, also can not be said to be a complete legal occupation, and can only say that half of a legal person.
(2) common case teaching method can not meet the legal education of continental law system
Shortcomings of traditional law education, law education in our country has attracted attention, how to reform the teaching mode has become a topic. In recent years, some of the legal education of our country in the course of the introduction of Anglo American case teaching method is a try. At present, in the law education in our country, some domestic high levels of law education institutions, such as the National People's Congress, China University of Political Science and Law School of law, foreign economic and trade university law school, are trying the case teaching method, case teaching method has a certain effect in the law education in our country. However, due to the mainland law culture into a tight logical system complex, law education decides the case teaching method in the Anglo American legal system are not fully suitable for china. First of all, the case teaching method of inductive way of thinking does not meet the applicable law of civil law interpretation of the way of thinking, the case teaching method cannot fully explain the law theory system task. This is because the case involves theory does not include a legal subject all alone, thus explaining the theory and case, not comprehensive; second, the statute law is a specific value system as a whole legal order guide constructed, in the process of application of law, investigation is not specific norms, but to find the answer in the whole legal system, and the case teaching method can construct knowledge segment, extremely easy to cause in the application of the law in the overall legal order splitting.
(3) comparative case study method and case teaching method
From the civil law into the cultural characteristics of legal logic system of speech, based on the traditional teaching methods, combined with the use of case study method, make up the pure law theory teaching defects are a better choice. The case study method, is a method of education of law, refers to the legal course teaching, students in the class, this course, still must study some examples, in the examination, examination with example analysis principle. This kind of teaching method, the aims of the teaching process, students explain, loopholes, continued legal creates legal method of master of the law, legal thinking training of students, to improve the students' ability to handle legal issues.
Teaching of civil law in Germany, Japan's case study teaching method are used, in the Taiwan area of China for Professor Wang Zejian, well-known experts in civil law and the force. Professor Wang Zejian in the "civil law" in the book of the outline of development of this teaching method, which not only in theory teaching, case study through the organization seminar students, in theory teaching, is also the introduction of case study, namely, teachers in the teaching of legal theory, is not only the abstract theory, but a combination of legal concept, the legal system of legal norms and legal systems, through some examples to explain the applicable law in specific cases. In recent years, by Professor Wang Zejian introduction, case study teaching method to start teaching civil law in mainland China. Case teaching method of case study teaching method and the Anglo American law system seems to be very similar, however, this approximation is only the surface of the two families of law, because of the different ways of thinking, logical thinking process of two methods in the opposite. Anglo American case teaching method is a from the general to the special process, namely the induction process, and case study law is always a from the general to the special process, namely the process of deduction. In particular, the Anglo American law system countries "case binding principle", the legal process for the first case to find the relevant precedent, on all the relevant decision comprehensive comparison, analysis of whether the facts in the case of similar, to decide the case whether its binding. When comparing the precedent from every angle, will inevitably produce fuzzy case, namely the grey zone. Therefore, we must all problems arising from the sorting out of precedent, and the contrast, to break through the grey zone, to seek the reasonable judgment on the case. So, Anglo American case teaching method is that the function summary ability training of students. And the mainland legal system country's law, it is starting from the written law, the syllogism, the abstract of the law applicable to the specific facts of the case, the case decision process. As mentioned before, the process is a combination of value evaluation, application of the loopholes and continued legal creates legal methods and involves the interpretation of legal norms. Therefore, case study method function lies in training students how to combine the value evaluation, the method of law interpretation of the law applicable to the guidance of thinking ability.
(4Case study teaching method benefits)
Compared with the traditional teaching method of jurisprudence in China, case study teaching method is a method to the students' ability of handling cases of combination of theory teaching and training. In the teaching of legal theory, not only to explain the abstract theory, but a combination of legal concepts, the legal system of legal norms and legal systems, through some examples to explain the specific application of law. These examples or taken from judicial practice, or from the teaching ideas, arranged according to law theory system, each can be civil, students are still after the comprehensive theory of civil law, not just some fragments of things, and in theory study, also received the law applicable to the demonstration, to learn the method of law. Students can also through the class of case study, get legal training, training of legal thinking, ability to exercise legal application, can shoot two hawks with one arrow.
Case study method, the teachers teach the basic legal theory system, teaching and learning in two aspects of theoretical knowledge of applicable law of increasing concern in specific cases. But it is different from the Chinese traditional education of law for example. For example only unilateral behavior of teachers, the only purpose is to explain the concept of law and the law. And the case study, the teaching and learning in two aspects, are involved in the case analysis, the intention in addition to improve students comprehension of the legal concept and legal meaning, more is to train students to master the method of law, can be said is for students to work in legal practice and prepare.
2Application of case study method, in the "intellectual property law" in Teaching
I worked as a legal professional "intellectual property law" course teaching on traditional teaching methods, lack of law, the author attempts to introduce the case study teaching method in "intellectual property law" in the course of teaching, the traditional teaching organization form of the reform, the focus of reform includes two aspects, one is the teaching content on the legal theory, knowledge, ability to pay attention to specific application of law to the practice of training; two is in the teaching methods, change the passive position of students in teaching, arouse the students actively participate in teaching activities, to strengthen the teachers and students in teaching communication.
According to the need for case study teaching method, the author designed a new teaching organization form, consisting of preparation, classroom teaching, after class, the legal analysis of specific application case study, classroom discussions.
1.Preview. Preparation is the classroom instruction, issued the corresponding with the teaching schedule and teaching task case to students, students' preview the arrangement of teaching content, and make the solution to the case.
2.Classroom theory teaching. Focuses on the analysis of legal concepts, legal system, complete the knowledge theory.
3.Legal analysis of specific application. In the complete theory teaching task, combined with the case in the preview, legal methodology as the guide, to complete the analysis of the application of the legal concept, constitute the system of theoretical knowledge in specific cases. This link is to ask questions and discuss the way, one can let the student participation, mobilize the enthusiasm of students to participate in teaching, and students can check the preview.
4.After the case study is to complete the study on the contents of each chapter, layout the case questions the main choice, dispute cases in judicial practice and new types of cases, as usually provide jobs for students in case study, students are required to work over, teacher checks and reviews.
5.Class discussion. In the course of teaching, according to the content of the course system, combined with the practice, the moot court teaching, after learning to arrange a classroom case discussed respectively in the copyright law, patent law and trademark law.
To adapt to the case study teaching, and supporting the work of two must be completed.
First, the compilation of teaching cases. The preparation of the case teaching, can be divided into preview chapter as a unit, case and case study, respectively, for students to preview before class and after class study with. Prepare prepare case should be based on the legal system as the clue, and strive to cover every legal concept, legal norm, legal system. In the case of content, prepare the case and the case study to differ, preview the case to case excerpts, in order to make the legal facts are clear, clear legal relations, to facilitate students to preview; and case study, should be provided to students to train students in case the original, complex legal facts and legal relationship, discrimination law the fact and the nature of the legal relationship between the legal practical application ability. The above case selection, combined to apply to specific theoretical knowledge of the law, master students method of law as the basic principle, pay attention to the adoption of a typical case in judicial practice and dispute cases.
Second, reforming the curriculum evaluation methods. For the initiative to mobilize students to participate in the case study and enthusiasm, must carry on the reform in the curriculum assessment methods. Specifically, one is to change the course of evaluation, improve usually results in the course result proportion; two is to strengthen the regular assessment, to assess the preview, class case study and classroom discussion, and record the results, as usual examination basis; three is the test structure and subject reform final exam. In addition, to maintain a certain amount of memory questions and problems, increase the case analysis ability and the proportion of application types.
Case study method as the supplementary of the traditional lecture style teaching method, has been widely used in civil law countries, Germany, Japan and other legal education practice, which play a positive role in training qualified personnel in the legal occupation. But in law education in mainland China, is a new thing. The application is only a preliminary attempt, hope can through continuous exploration in the future, make its early maturity.

Eleven, international law (only from the angle of case teaching method)
In the fourteen main subjects of law science, compared with the international law and other department law has dual characteristics theory, abstraction. The traditional teaching mode of the course more difficult than other law courses teaching. But in the network multimedia technology platform, the use of case teaching, can promote the modernization of teaching mode, teaching content of informatization and teacher-student interaction, so that an international law teaching quality and effect of the new stage.
(a) features and functions
Strictly speaking, case teaching can be divided into two forms: one is the inductive method, deductive method two. Anglo American law school teaching mode is generally from a large number of"Cases and materials"(Cases and materials)To start, then the students fully discussed, finally the teacher summed up to the principles and rules of professor. Now the case teaching mode in China still follow the deductive model, generally by the teacher to complete the system of knowledge, and then by the students in a given case is the application of knowledge. Compared with the traditional teaching method, case teaching has several characteristics:
Case teaching is conducive to the formation and training of students' creative thinking. The traditional way of teaching is teacher centered and text centered to books, from books to inculcate way, from concept to concept, is concerned with the knowledge to the students, ignoring the development of students' learning potential of students, causes the separation of theory and practice. Now legal education and training of the legal talents can be said to be "do not become high, not low", that is between the theory and practice of the awkward position of depth. Case teaching so that students can be in short-term inside contact and learn to solve practical problems in various without leaving the school conditions, lack of defects is insufficient to make up the practical experience and the actual operation ability.
Case teaching will help students learn how to learn. Learn how to learn is to learn the basic requirement for people the ability of society. The traditional teaching method to teach students the ready-made answer using the concept of problem solving, students gain is recited, mechanical memory, according to the standard answer answer knowledge. But case teaching told students that "there is more than one answer, the answer is" open, development. In the case teaching, teachers through conscious guidance, let students to check the information, through individual or group cooperation way to make analysis and judgment, to actively seek a variety of answers. After repeated after the accumulation, the students won the autonomous learning, so that learning becomes a reality.
Case teaching is a kind of dynamic, open teaching mode. The case with the development of people intelligence effect, for the students' thinking, analysis and explore many of the problems are included in any case. These problems, some may be exposed, and some may be obscure, and some may even be messy, incomplete, or mixed. The implementation of case teaching is to force the students through many, it seems like the unrelated scene to observe, analyze, experience, to form their own concept, and use it as a starting point, judgment, reasoning and argumentation, the development of students' intelligence.
Case teaching is helpful to active classroom atmosphere. When the case discussion, various ideas and opinions can communicate adequately, so that not only help students from all levels to understand the case, understanding theory, understand the rules, can generate new solve the case in the new communication way. Because in the progress of the times, the law is in progress, the thought idea also is in progress, the traditional case conclusion may be subverted in the new conditions. Let the students have more creative, law is a new development.
After experiencing severe concussion in two world wars in the international community, the country has entered a new historical stage, members of the international community and the international law main body increases, the social basis of international law is becoming more and more widely. International law is developing rapidly. From the structure of general international law teaching speaking, divided into general(Such as the origin, the basic principles of international law, subject, legal responsibility)And the theory(As of territory, the law of the sea, the law of treaties, diplomatic and consular relations law etc.). From the development history of international law, the rules are formed in the long-term diplomatic practice, or are formed in various foreign "events" in the. When we discuss the rules of international law, we will inevitably involve some historical fact, but these facts basically is in the form of the classic case. The opposite or adjacent continental shelf delimitation between countries, we must involve1969The Beihai continental shelf(The Federal Republic of Germany and Denmark, Holland because of the Beihai continental shelf delimitation issue in a dispute solving, submitted to the International Court of justice. The International Court of justice show, continental divide two or several countries, should be based on the principle of fairness). Therefore we can say that the international law teaching in the inevitable nature doping case teaching elements. Case teaching of international law is feasible but also in line with the international law nature of learning. In addition, international law in this subject has great attraction to students, but their living space and the transformation of the international society after all far, it will cause the teaching of international law novelty be richly endowed by nature and is hard to avoid the sense of distance. The use case can make students more intuitively feel the rules of international law and the use of. Teachers in the use of case at the same time, should be fully integrated international current affairs, the rules of international law abstract interpretation is more vivid and concrete.
(two) the use of multimedia teaching means
However, international law cases teaching also encountered some difficulties in practice. First, in the legal professional colleges, teachers gap, academic schools of different weight, different information channels. In the traditional teaching mode, each school, each discipline act of one's own free will, causes the teaching resources shortage situation, has seriously hindered the healthy development of legal education. Second, the law, international law is not a completely independent discipline, they need a lot of sociology, ethics, international relations and the natural sciences theory support. The traditional way of teaching so that the information source is single, information communication effect is not stable. Third, the international law case teaching more intuitive, but the cases themselves show is intuitive and has become a new problem. Fourth, the traditional teaching mode is a one-time non reproducible patterns, causing a certain degree of barriers to learning, to increase the burden on the class. The relative and the multimedia teaching model is the single teaching mode, namely the traditional educational media in teaching mode, is often narrowly identified as textbooks, lectures, blackboard, chalk. With the development of modern education theory and practice, kinds of educational media is expanding. Especially the development of modern information technology, has greatly promoted the development of media technology, the multimedia teaching. The characteristics of this mode of teaching lies in: application of audio, video technology, can simulate the teaching environment, teaching objects receive the overall stimulus to the course content, creative learning; the application of computer technology, can conveniently adopt interactive, open teaching mode; application of the network technology, can break through the geographical position and the allocation of teaching resources limit. As a kind of media technology, it carries the information transmission form is various, various elements covering the teaching system, comprehensive and vivid; it provides information channel contact between the various departments, various researchers, each job, each link and the various elements of information, with and interactive multi. In view of the different content and object of teaching, in the rational allocation of teaching different teaching resources, fully, vividly simulated teaching environment, organize the students use learning many kinds of effective methods, in the most economic, the most direct way to reach the goal of study. Such as through the network, the campus classroom and court connected, in order to realize the real meaning of case teaching; through the network, students can collect relevant international legal documents and participate in the discussion, interactive open teaching. Now, the multimedia teaching model has been developed to the intelligent, globalization, diversification and multi direction.
The amount of information of the multimedia teaching model is large, this can be expressed with links, but also avoids the man-made factors. So, the courseware making almost becomes the bottleneck of the multimedia teaching. At present, the multimedia teaching teachers not ready-made international law teaching courseware, very few, and even have a ready-made teaching courseware, is not necessarily suitable for their own teaching methods and teaching habits. Teaching courseware, courseware making skills requires teachers to master. The teacher should master the basic knowledge of computer operation, societyWindowsOperation, societyOfficeThe basic operation. Secondly, to master and skilled use of courseware making software, the software for the production of courseware:1.Image editing software:Photoshop,FreehandEtc.;2.Sound editing software: the super hero,Sound Edit,CakewalkEtc.;3.Animation software:Flash,Director,PremierEtc.;4.Video editing software:Pre-miere, the super hero,Animator StudioEtc.;5.Multimedia integration tools:PowerPoint,Authorware, founder author tool(Founder)Etc.;6.Webpage making software:Frontpage,DreamwaveEtc.. The software does not have to grasp, as long as the master and can use some functions, such asPowerPointOrAuthorware,Photoshop, the super hero,Premiere,FrontpageAnd so on, can make the teaching software. We're generally usedPowerPointMaking courseware. But the software is suitable for all teaching mode, are just some outline and keywords. If you want to let the students for the whole process of case has the intuitive feelings must resort to a cartoon or movie making software. A good interfaceFlashAnimation or a choreographed fact international film let the students the impression than the separate slides teaching much deeper. Finally, the courseware on the campus network to provide download or online watch link. This may be because of objective reasons not students or provide convenience for class reproduction knowledge remains problematic students. At the same time can be combined with the establishment of relevantBBS, let the teachers and students have more opportunities to communicate, academic exchanges, enhance the enthusiasm of students.
(three) a hypothetical example
We can give a use of multimedia to teaching case example of international law now: such as international law on the right of innocent passage. We think is worth advocating the teaching ideas of deductive method here, because the case and materials are much more attracted the attention of students than the simple rules about.
First of all, on the wholePowerPointOn the basis of the outline, we ask the teacher(Or professional and technical personnel)According to the material to make a smallFlashThe animation, if there is a movie clip, you can directly use, according to the relevant provisions of the copyright law, here does not involve copyright issues of cost. Materials are as follows:"1946Years10Month, a team of British warships through from Beike V channel, two of them seriously damaged because of mine, the mine is Albania earlier in order to clear channel and the statement set. After determining a strait is a strait used for international navigation, British warships through the whether is in accordance with the customary law allowed 'harmless', became the focus of debate." Be carefulFlashInterface animation can be produced according to the time or level with appropriate changes, because we cannot ask every international law teachers are first-class animation master, but make sure the animation interface is user-friendly, music or scenes with appropriate and familiar to students.
Then according to this case prior arrangements or temporary in the students for different opinions, as the "parties" action in the classroom this "the International Court of justice". Of course, there are other views of students can be temporarily named "judge", the trial of the case. Discussion of case teaching is an essential link.
Then we can give some other materials:
Material: "the government of Albania to further argue that this is a violation of the sovereignty, because the British fleet1946Years10Month22The traffic is not a harmless by, the strong support of this idea is summarized as follows:
This is not an ordinary through, but a political task; warship soldiers in the ship is under the condition of rhombic Corps exercises navigation; position and harmless guns the required is not consistent; the passage of ships crew in a state of combat readiness; warships and weaponry than necessary to reach the purpose of limit, shown not only by the threat and intention; ships received and executive observed and reported to the coastal defenses command from9Month21British Admiralty telegraph". This kind of material should be as far as possible the use of English in production, with Chinese description, English font to use similar with the old English typewriter font, and the interface is made should use the old military power up and paper form, increase the realism. If you don't make in slide format, can be directly usedWordDocument printing, and then use the digital camera turned intoJpgFormat, so that more realistic, but must pay attention to the shooting effect.
Material two: "the British Foreign Minister admitted: sending ships through the channel is not only in the navigation through the objective, and to test the attitude of Albania. This measure is no ground for blame in the British government to take on the legality, also adopted a consistent with the requirements of international law. The 'task' is to confirm an unfair negative rights. The British government has no obligation to give up exercising its right through the Afghan government had illegally negative cases". This kind of foreign official statement, the president's speech, the original text can be printed in advance, let a student to read foreign minister, when necessary, give the translation and interpretation, to deepen the impression, the attention of the appropriate file can be difficult.
Material three: "evidence that a team like ships not before, but in a straight line, one by one, and they at first keep without exercise. As everyone knows, warships through the Straits Times Beike V, must be armed to the teeth. The Mediterranean Theater commander in chief10Month26To give a telegram of the British Admiralty that this command is to10Month22The ship is executed at the time of passage. Based on this evidence, the court can not adopt a about 'guns position and harmless by rules required inconsistent' this view."
Material four: "in the above mentioned10Month26The telegraph, the commander in chief Package report said that ships in combat readiness through to if fired again can quickly. In view of5Month15Day a artillery fire, the preventive measures should not be considered unreasonable. But the four warships(Two cruisers, two destroyers)To this, the crew in a state of readiness to fight fire rapidly by the way. One after another they crossed the narrow waterway, near a coast. At that time, it is a politically sensitive area. This intention is not only to test the attitude of Albania, but must want to also show a kind of strength to give up the fire to the passage of warships. However, in the case, as mentioned above,
The court can not think the British authorities to take these measures has the property of invasion of a sovereign." These two materials is actually for the parties to provide theoretical and factual support, can be used in the discussion for students. In the production of the form is free. But note, in the case before the process of animation, should the appropriate reference to these two materials.
More than four materials can be made into links attached to courseware outline below. After another round of discussion, to provide conclusive material.
Material five: -- "the United Nations Convention on the law of the sea" related articles. "Article17The right of innocent passage in the conventions, all countries, whether coastal or inland country, the ship shall enjoy the right of innocent passage through territorial seas.
Article19A harmless by significance:
1As long as it doesn't damage the coastal state of peace, good order or security, is harmless. This is in accordance with the Convention and other rules of international law.
2If the foreign ship is in any of the following activities in territorial waters, it shall be regarded as damage by peace, good order or security of the coastal state:
(a)The coastal state sovereignty, territorial integrity or political independence of any threat or use of force, or in any other violation of "the Charter of the United Nations" embodies the principles of international law the threat or use of force;
(b)Any training or exercises to any kind of weapon;
(c)Any purpose is to collect information to make the coastal defense or security damage behavior;
(d)For any purpose to influence the propaganda behavior along the coastal defense or security;
(E)Landing or pick up any aircraft in the boat;
(f)In a boat launch, landing or pick up any military installations;
(g)The coastal country customs, fiscal, violation of immigration or sanitary laws and regulations, on any commodity, currency or person;
(H)In violation of the provisions of the Convention of any deliberate and serious pollution behavior;
(I)Any fishing activities;
(J)Research or survey activities;
(k)For any purpose to interfere with coastal any communication or any other facilities or equipment behavior;
(L)Any other activities that have no direct relationship with the."
Materials six:"1989Years9Month23Japan, the United States and the Soviet Union joint statement on "international law governing the right of innocent passage of uniform rules of interpretation"28 ILM 1444 (1989)The relevant provisions-
The maritime countries, the right of innocent passage has a special importance of this joint statement to prove(At least for the two countries1982The provisions of the Convention reflects the provisions of international customary law is meaningful.
1The relevant provisions in the territorial sea, the right of innocent passage of international law in the management of the ship1982The United Nations Convention on the law of the sea "year", especially in the second part of the third quarter.
2, all ships, including warships, regardless of their goods, weapons or propulsion, in accordance with international law, enjoy the right of innocent passage in the territorial sea, international law does not require prior notice, don't seek prior permission.
3,1982Nineteenth of the second convention list a detailed list to show into coastal those behaviors are not harmless. A ship passing through the territorial sea without those behaviors are considered harmless by.
4The use of harmless, by rights should abide by the coastal state in accordance with international law(As reflected in the1982Convention No.21,22,23And25Strip)The relevant laws and regulations by the rules.
5, according to1982Article thirtieth stated: "if a warship damage laws and regulations or that by not harmful behavior, and should not be asked to take the correct behavior, the coastal state may ask to leave the territorial sea, in this case the ships shall be enforced immediately."
Material seven: International Court of justice ruling to paragraph.
These materials are given, teachers make a summary according to the class of mastering and prior arrangement. The right of innocent passage, basically come to a halt. There are several issues that need attention: one is the amount of multimedia information to the larger, should not require all students to remember in the first time, but to master the framework and the main ideas of the basic. Secondly, the amount of multimedia information given although large, but the classroom space and time is limited, teachers should also give the corresponding related domestic and foreign website, the link in the courseware, so that students can have more space for further study. Third, the front
Once said, changes with time, concepts, rules and the situation, the same case may produce different results in different conditions. Teachers should encourage students to discuss and imagination, after classBBSFor further discussion, active academic atmosphere, to deepen our impression. Fourth, at the same time the class courseware, material download link should also plus the teacher or group of some of the viewpoints of the idea, set on the campus net, the courseware to add more humane factors, more plump.
We require that teachers should do in the classroom: words, refining, witty language, guide the students to accept the knowledge. The handwriting, the temporary thought of teaching writing on blackboards or to explain in computer; teaching, carry on the microphone, electronic pointer walk properly, teachers should not the whole teaching process are simple manipulation of the machine, try to use body language to indicate, exchange of teaching information, mobilizing the classroom atmosphere. Multimedia teaching case of international law has changed the traditional teaching mode of cramming, teachers realize the transformation from "indoctrination" learning to the activities director role, teachers using multimedia to organize and guide the students to acquire knowledge, enhance teaching efficiency. But we should also pay attention to, this teaching mode also has some disadvantages, such as the problem of classroom control, students can freely, can download the courseware, and the attendance problems and so on. So, the launch of a new teaching mode must be with the corresponding practice mode combination will be to achieve the best effect.

Twelve, the private international law
(a) the difficulties encountered in the process of teaching of private international law
Compared with other law courses, course teaching of private international law is very difficult for teachers and students, this is decided by the characteristics of private international law.
1International private law, is a comprehensive subject, it is the construction of international civil and commercial law in all domestic civil law basis "". Open all our domestic private international law textbook, the overall design is general and theory model, and in theory not only relates to the property, contract, marriage, family, inheritance, bill, maritime and other traditional civil law. With the development of economy, some new contents such as the trust, the labor relationship will correspond to the continuous development of the system of private international law. To have a deep understanding of private international law, it must require students to have the domestic civil and commercial law knowledge very well, otherwise, the applicable law is not understanding the foreign-related civil and commercial legal relationship. Therefore, each university domestic general will arrange the teaching and learning of private international law at the University of the third grade. But even so, many of the domestic civil and commercial law course student or not relates to the private international law, learning is undoubtedly a huge obstacle. Furthermore, the line of international private law and international economic law differentiates not clear is another reason why lead to learning at. At present, there are many disputes on the relation between international private law and international economic law, so it is very difficult to realize horizontal comparison between discipline and vertical deepening.
2Private international law, is the product of highly developed commodity economy, while China has just reform and opening soon, the development of private international law is lagging behind. Study of private international law of people know, the private international law in13Century produced in Italy, where there are roads, capitalism economy of international private law is the indispensable material conditions, with the continuous development of economy in continental Europe, the emergence of a large number of foreign factors containing the civil and commercial relationships in real life, the birth of private international law in France, Holland, Germany has to take root, produced a series of theory, later to be far away from continental Europe of the British Isles drawn, and then19Century set off a revolution in the climax of America private international law. From the history of the development of private international law, has a close connection with the emergence and development of all without exception and economic development of private international law. China science development like a raging fire when the developed capitalist countries in the west of the private international law, is in the period of the feudal society from prosperity to decline, and the revolutionary war, the end of the Second World War, we directly into the socialist society, economic foundation of the weak, the lack of International private law of soil. Until after the reform and opening up, the private international law was introduced to China, as an indispensable role on China's economic construction. But we should see, this subject is entirely foreign to our country, obscure jargon, abstract theory adds to our understanding of the difficulty for the private international law. At the same time, the application of private international law in China's practice, there exist many difficulties, the practical problems will be reflected in the construction and development of discipline in the past, so, the development of private international law in China is relatively backward, which also adds many difficulties to our teaching work. But in a development stage, the occurrence of such a situation is very normal.
3Lack of legal consciousness, is an important cause of private international law is difficult to learn. Legal consciousness is the sum of people to the law of this social phenomenon of psychological, knowledge, ideas and views. Know people will naturally formed a kind of legal phenomenon and intuitive, surface, no system in daily life. For example, a person may not know what is the criminal law, but he knows a life for a life; a person may not know what is the civil law, but he will know qianzhaihaiqian. But for the private international law is what the law consciousness, this part is missing, because the foreign-related civil and commercial legal relationship in our daily contact with little awareness of it, are very few, the law of learning is undoubtedly an obstacle.
(two) the choice of teaching methods of private international law
Private international law, the theory of complex content abstract, principle of esoteric makes teachers cannot take a single method of teaching activities, should be in the modern education technology assisted adopt many kinds of teaching method. Any single method can not meet the requirements for the teaching effect of private international law, and various methods of overall arrangement and rational design according to the teaching content.
1, teaching method. This method is the teaching of law has the longest history, the most common and common teaching method. Its characteristic is the teachers are the center of teaching, students follow the teacher thinking to acquire new knowledge, new ideas, new ideas, this method is applied to pure narrative and understand the difficulty is not high content, the content of the history of international private law, private international law and legal departments of adjacent relationship is more suitable for this method. However, this approach if used improperly will become boring "injection type teaching", therefore, in the use of the law teacher should fully consider students' background knowledge, mode of thinking and interest, starting from the perceptual material specific, complemented by the vivid language, methodical, sufficient demonstration teaching content.
2, case analysis teaching method. This method is an important method in the teaching of private international law. Case analysis is discussed through the analysis of actual cases, to guide students to understand the legal theories and principles. As mentioned before, the concept of private international law in terms of almost all of the exotic, but each system and terminology are accompanied by a corresponding case. For example in the evasion of law, classic case is the Baofu Lemmon divorce. Ogden Caogden case, Prajan v. Cooper case and the Cohen case in the recognition system. The classic case of renvoi system is to forgo case and Te Lufti case. A Holzer v. Germany Railway Bureau case and so on public order. In the classroom, the teacher as guide and the organizers of the identity, the case according to the content of ingenious design different but some problems related to each other, to stimulate students' interest, inspire students' thinking. In addition, teachers should pay attention to cultivate the ability to the key points, the students grasp the case fact and legal issues and comprehensively applying various rules in teaching, give full play to the initiative of students, encourage students through reflection and analysis of their own to get the best answer. However, we used in classroom case is almost always some long ago case, although able to explain the problem, but too far away from the legal practice in our country, the students have the sense of distance. In China, due to the restriction of the private international law and the domestic economic level of quality, can be used for teaching cases less and less, which is one reason why the private international law is not easy to master.
3The teaching method, chart analysis. The chart in teaching the international private law, has an irreplaceable role, it can be simple, explain the problem clearly, can make the language to express concisely show. The chart of large capacity, the overall reading efficiency is high, can be used to explain some complicated problems and make easy comparison. The chart is the role of Pan collar outline surface list of objects, in order to make the representation of stick out a mile.
4, teaching clinic. "Law" is a foreign word, belongs to the legal education terms. Legal clinic education form from the medical clinic education mode. In medical school students need to spend more time engaged in clinical practice, from practice learn to diagnosis and treatment of disease. When the legal education into the teaching method, College of law cited "clinic" in the title, it had a "name the unique legal clinic" this law field. Students in a real or virtual "law clinic", provides the consultation for the plight of the principal under the guidance of teachers, "diagnosis" their legal problems, opened a "prescription", provides a solution for them, and to provide legal services for their. This approach is similar to the clinical practice of medicine, namely from the practice and experience of legal practice skills. Characteristics of clinic teaching method: students are the masters of the classroom; the case materials using real cases; agent; students with a lawyer thinking to the thinking way of thinking; to students' self evaluation, customer evaluation, student case group mutual evaluation, teacher evaluation system, evaluation system of teaching effect. This teaching method is the author is engaged in a private international law teaching in the promotion of the most difficult feeling. And don't say that exist in the development of clinical teaching method in law clinic students quasi lawyers and legal clinic funding problems, the single current can be provided to the students of private international law cases practice mechanism, can be used for domestic molding case reference, are very few, therefore, teaching clinic is go.
(three) on the teaching reform of
1Reform, teaching materials
At present, the private international law textbooks we are using the unified teaching materials in higher education and the Ministry of justice, arrangement and content difference. The common drawback of these materials is present, can not be fully and combining with the actual China. Through our teaching, we will find the mainstream textbook are organized by the Wuhan University study of private international law prepared, because the language is English and have the most early study Anglo American experience the existing teaching has the feature of "Pro Anglo American". As the discussion about the European Private International Law of the few is translated from the English version, is not authentic. But our country law basically is has the characteristics of continental law system, and Europe is the birthplace of private international law, international private law they have great reference value to our country. The blank of this aspect has not been perfected in the textbook, can not but say is a regret. Another problem is the reality with the textbook the teaching theory and our close. Private international law is a very practical subject, and the content is relatively complex, therefore, teaching should be combined with the classic case analysis, which for the students to understand the knowledge, has an important role to improve comprehensive ability of analysis of the problem and solves the question ability. We present the material in some cases, but these cases are often17Century that some foreign cases earlier, lack of molding Chinese case, which makes students have a sense of distance to the private international law, that China practice don't use private international law. But the importance of private international law is self-evident, therefore, our goal is to the textbook construction in the future will improve and combine with the Chinese practice.
2The reform of teaching arrangement
At present, the law school in private international law teaching arrangements are set at the University of the third grade, class hour is72Hours, content is divided into. The author thinks that such arrangements do not produce maximum teaching effect. Because the private international law is a comprehensive subject of a complicated, if we take "make it rigidly uniform" approach in teaching arrangement will split the private international law and other branches of law relation, can't achieve good results. The author claims that the split type teaching arrangement, the concrete content is, the introduction of private international law and on separate, general can be set in the second grade in University, students master the basic theory of civil law, the theory should continue to split, combined with specific professional course, this also with China's private international law legislation designed to take up a consistent, but also convenient and different departments method combining content.
3, increase practice
In teaching, we used most advocates of theory teaching system, the teaching methods are single lecturing. This teaching method in the specific historical period for the rapid popularization of legal knowledge, to fill the vacancy has played a positive role, but now, as the subject of study of college students, knowledge cannot be obtained only from the textbooks and books, not only to wait for the teacher to indoctrination and explanations, they should take the initiative to seek knowledge, to take the initiative to thinking and find the problem, must have the consciousness of independent learning, therefore, in the process of teaching, teachers should not only pay attention to the systematic theoretical knowledge, but also should pay attention to the training of the students' basic skills in the judicial practice, increase practice, both should be integrated, any kind of delivery may be caused by failure of the teaching.
Private international law students should also study in the process of contact real cases and using legal knowledge, based on practice, occupation specific skills training, can be used to practice in the field, simulation training, it can make the students really be personally on the scene, in practice, analysis and solving legal problems, grasp the basic practical technology, understand the judicial system, improve ability to deal with the real case. However, there exist many difficulties in course design practice of private international law is relatively less, a foreign-related cases. In our country to accept the foreign court is limited, on the other hand, foreign related civil and commercial cases eighty percent were settled by arbitration, and arbitration is generally not public, and students practice and not in the court, therefore, the author suggested that the student to practice law firm, such can partially alleviate this contradiction. In teaching practice, we can use more simulated court way. In addition, can also be long-term contact with lawyers and courts and other departments to establish training bases, such as Renmin University of China and Beijing Haidian District people's court cooperation is that can be drawn lessons.

Thirteen, international economic law
(a) "basic principles of international economic law" course
"International economic law" course is the Ministry of Education Higher Education Law Course Teaching Guidance Committee requires law professional must be opened14One of the core courses, the position and role of the independent and important in the legal system of knowledge, under the economic globalization and China's accession to the world trade organization situation, it becomes increasingly important, is one of the modern science of personnel and the professional knowledge structure of indispensable content.
The basic characteristics of the subjects, it is rich in content, involving a wide range, is opening a theory and practice are very strong, comprehensive knowledge system. In nature, it includes domestic laws, including the norms of international law; both public law and private law norms, norms. In scope, it is widely involved in trade, investment, finance, credit, tax and other aspects, according to the system to sub branches, the: the international trade law, international investment law, the international monetary and financial law, international law, international economic law, international economic disputes settlement main branch laws etc.. These laws, although all belong to the branch of international economic law, but each has its own independent system, can be a single set of professional courses, a single college textbooks, the division system. In content, it includes both the mature knowledge system, the latest development also includes the theories and practice of international economic law results. In form, it includes both the statute law, and legal case, decision. In bachelor's degree teaching plan, general arrangement64To72Class hours learning the course. Through teaching, basic systems generally require students to master the basic theory of international economic law and the various departments of law. Specifically, gradually achieve the following four levels of teaching objectives: one is to know its however, can accurate description of international economic law belongs to the branch of the law department of the content of the legal system; two is to know why, can clearly describe the basic legal system of international economic law, and the theoretical and realistic background process foundation; three is the combination of theory and practice, the legal problems of basic system can properly illustrate or application of international economic law and resolve the reality of international economic relations; four is the development of innovation, the international economic theories generated in the legal field and some practical problems of professional, valuable views or theories. Teaching requirements, teaching principles and teaching methods, the three together constitute a complete, orderly teaching activities, to ensure the quality of teaching, the completion of the teaching task. And improve the quality of teaching, training high quality talents, is the central link in all types of school work. In order to realize the "international economic law" course to achieve the teaching goal, this article attempts from the teaching principle perspective, to explore how to improve the teaching quality of "international economic law" course, to achieve better teaching effect.
1, scientific and political unity principle
Science and politics unified principle, means should be based on scientific discipline based teaching, by Marxist theory as the guiding spirit, embodies the unification red and expert, politics and business, patriotism and internationalism. "International economic law" this subject, has a profound social and natural sciences foundation, in the face of the complicated international political and economic relations, only by the dialectical materialism and historical materialism as a guide grasp of every system of the spiritual essence and the scientific connotation, Gao Wu Jianling grasp its legislative foundation and nature spirit, can more thorough to teach and learn the course. This principle requires teachers in the teaching, to understand by Marxist class theory and method of analysis of international economic law theory and system, to provide students with a basic theory and system can better grasp of international economic law, more thorough understanding problems hidden behind the international political, economic, military, cultural relations the. For example, on the issue of globalization, economic globalization is bound to bring about the globalization of law?The globalization of law, unification, assimilation, integration is the same concept?What is the difference between them?Whether to have the realistic possibility?For instance, the relations between developing countries and developed countries, why is the central link of peace and development of the international community?Is the basis for cooperation between developing countries, developed countries and developing countries and the developed countries of dialectical materialism and historical materialism theory and so on to what must use class theory of Marxism Leninism, say clearly.
2, the principle of combining theory with practice
The principle of combining theory with practice, refers to the teaching should not only attach importance to imparting book knowledge, strengthen basic theoretical knowledge, but also as far as possible to the practice to clarify the basic concept and system, and through the teaching practice to master the basic skills, to learn to use, learn to use. This is the "international economic law" theory and practice are very strong and the. For the legal professional talent, knowledge and practical experience are indispensable, dispensable. For the school teaching, easy to produce the actual learning and research problems. This requires the teachers in teaching arrangement, teaching content and teaching time scientifically, and adopt various teaching methods, such as for example method, demonstration method, case analysis method, practice method(Including the moot court)And so on, the typical case, the international economy trade difficult cases into classroom, strengthen the legal provisions for students to handle the case in practice ability training. For example, in the teaching of the international trade law, by teachers and teaching contents are ready for typical cases, closely linked to the then, either by the teacher to prepare a series of question asks the students to answer, can also be composed of students discuss with each other, make a ruling based on the facts, and the case was originally ruled results are compared. On this basis, teachers can also on the facts of the case to transform, to discuss further.
3The key, and combining with the principle of
The key and system combination principle, refers to the arrangement of teaching contents, key problems should make students can focus on learning the different branches of law system, to understand the specific legal system of each part of the content, but also a comprehensive summary of international economic law and the law of macro system, familiar with basic knowledge international economic law. This principle, to international economic law is a huge system, content is very rich, and put forward. This requires us in the process of teaching, in the limited teaching time, through macro knowledge, broaden their horizons; through the micro knowledge, and lay a foundation for learning. For example, you taught in each department law, with the chart show the content system of the law department, and briefly introduces the academic achievements and problems. On the basic principles of international economic law and general textbook are introduced, the principle of economic sovereignty, equality and mutual benefit, the principle of cooperation and development in three to the five cardinal principles, in fact, other international treaties such as the UN Declaration of "Literature" new international economic order in the establishment of a new international economic order20Basic principles "," Charter of economic rights and obligations provided in international economic relations15Basic principles, the basic characteristics of these basic principles for the students to grasp the international economic relations and the future trend of development, has the vital significance. Spend a few minutes in class, so students get full knowledge of a part of the.
4Imparting knowledge and development ability, the principle of combining
Knowledge and ability to develop the principle of combining, is in the process of teaching, teachers should not only impart knowledge, more attention should be paid to the ability of students, make students not only gain knowledge and wisdom, talent, longer, this is the dialectical unity of imparting knowledge and developing intelligence in teaching the use of. It is in view of the comprehensive standard for legal talents in the society need and the. The all-round development of the society needs high energy type talents, the main measures and ways of teaching as the higher school personnel training, we should demand that the manifests in the teaching process. After learning the international trade law, although in the teaching has introduced the concept of international trade contract, nature, characteristics, form, content, main clause, legal liability and entered into the program, the basic rights and obligations, but in fact, after, if let students to sign a contract for international trade, he will still do. Therefore, the need for teachers in the teaching process, to take certain measures, such as the presentation of the standard international trade contract, lists the related typical cases, students hands-on making contracts, and then discuss in class, evaluation methods, improve the students' practical and hands-on ability. After this training, students in mind the original knowledge will consolidate because of repeated application, ability to deal with actual legal relationship has also been strengthened.
5Consciousness, the leading role of teachers and students of the principle of combining
Consciousness of the leading role of teachers and students of the principle of combining, refers to the leading role in the teaching should not only give full play to teachers, students master the basic knowledge and basic skills of good discipline, and fully mobilize the initiative of students, learning methods, the ability of independent thinking and scientific on the discipline study interest, culture. It is easy to produce in the teaching practice of teachers and students position misalignment problems. In the process of teaching, teachers teaching more prone to flush, ignore students' participation and teachers let students, ignoring the guidance of students problem. The two aspects of the extreme, will seriously affect the quality and effect of teaching. For example, in the import and export control method of teaching, by quoting the war, some countries due to lack of import and export control law restriction, resulting in a typical case hostile country to use their own weapons and technologies and to suffer heavy losses, to lead the students to learn the law department interest. And through the elaboration of anti-dumping law, the special anti subsidy law at import control method, so that students in general textbooks include the department law import restrictions, export control laws, anti-dumping, Countervailing Law these four items have a correct position, clear import, export control laws and regulations formulated in accordance with the sovereign state interests, sovereignty is embodied the principle of national economic sovereignty; but the anti-dumping, anti subsidy law specifically for dumping acts of unfair competition in international trade and subsidy behavior and development, in order to ensure the fairness of international trade, for the students for further study on the division method to remove the obstacles and the direction of.
6, intuitive and abstract the principle of combining
Intuitive and abstract principle of combining, refers to the "international economic law" teaching, not only make the students to specific perceptual international political, economic, legal relations through a variety of senses, sharp image, and guide them to perceive materials as the foundation, the abstract thinking, the formation of the right concept, judgment and reasoning. This is decided by the features of teaching process and the process of understanding the. That education psychology experiment, the formation of rational knowledge, the foundation must have a perceptual knowledge. Rational knowledge cannot leave the perceptual knowledge and baseless. At the same time, teaching can not only stay in the students' intuitive or perceptual knowledge, must also be inspired and guided students through the abstraction and generalization activity of thinking, the perceptual knowledge to rational knowledge, so that students master the knowledge in the cognitive process of scientific. The development of science and technology, provides the methods and means of rich and colorful for teaching. We can make full use of television, computer and other auxiliary means, making multimedia teaching plan, between students and international social distance, so far international economic, political, legal relationship came into the classroom, with abundant sensibility materials for students. For example, we play "Chinese andWTO"," the world today - USA, EC, Japan, Russia, ASEAN, Africa, Eastern Europe "," international trade arbitration case "and other documentaries, shows the true international relations, that impressed the students; in the system, and reference tablets in the case, the legal system so that the stereotype a unity of form and spirit.
7Uniform requirements, and teach students in accordance with their aptitude principle
The principle of unified requirements and teach students in accordance with their aptitude, refers to the teaching, not only from the unity of teaching and school requirements, for all students, to ensure the teaching standard specifications; and students from the actual situation of individual differences in personality characteristics, recognition, care for students, individual teaching. This is according to the teaching process is proposed consists of two aspects: teaching and learning, two relations. The teacher's teaching from the teaching point of view, is restricted by the state and school teaching plan; from the perspective of students, restricted by age, quality and personality characteristics. Teachers teaching according to different objects, different teaching methods and means, to ensure the implementation of teaching objective. Follow the same pattern and the formulation of teaching will inevitably lead to the students read without understanding, so do. At this point, just as the doctor, different patients, even the same kind of disease, must not use the same prescription. For example, for undergraduate students, students, adult education students, should be a syllabus, to achieve different teaching purposes; for the class learning atmosphere or lacking in class, the classroom atmosphere is active or relatively dull class, for better or worse class learning, can take questions, discussion, respectively. The debate, evaluation, demonstration teaching methods to achieve the teaching objective. In particular, for some outstanding students, should consciously guide their research based learning activities, to promote their early growth.
8, beyond time and space, the pursuit of the essence of spirit of law principles
Beyond time and space, the pursuit of the essential spirit of the law principle, refers to the teaching of international economic law, or time and space constraints, always reflect the spirit of ultimate goal, the pursuit of fairness and justice of the law, will it gradually infiltrated into the students' concept, into the inner quality of students. This is the dialectical relation between the cultural education and quality education in school education and put forward. International economic law is one of the core courses in major of law, of course, is that students should have legal advocate legal occupation personage, the pursuit of fairness and justice of the quality of the obligations. This quality, so that students can face legal system of international economic complex, both in the legislative, judicial, law, usage, law, or in the face of legal gaps or conflict of laws, can do not exceed the essence, content and development trend of scientific and objective grasp of legal system, make thought, behavior and results accord with the requirements of the essence of the spirit of the law. For example, on anti-dumping law system, the legislation original intention is to resist dumping in international trade, in order to maintain fair trade. But because of anti-dumping theory what is dumping legal sanction by the lack of clearly defined standards, thus resulting in its legislative purpose draw further apart in practice condition, become the tools of trade protection, destroyed the international fair trade order. All kinds of measures to avoid its negative influence the international community has taken, such as the establishment of the unification of international anti-dumping legal system to restrict the abuse of anti-dumping law countries,WTODispute settlement mechanism, although to a certain extent, overcome the shortcomings of it, but it is impossible to completely eradicate the protection of import country market and the essence of interest. The discussion of international economic law circles about the anti dumping law abolished, in essence is to explore how to embody the spirit of the anti-dumping law of fairness and justice of the legal system. If the anti-dumping theory in the maintenance of fair trade is not a breakthrough, along with the international economy integration, it will be possible to be abolished, and antitrust law or anti unfair competition law replaced. Teaching principle is the development of an open, the system, with the accumulation of people's experience, raise the level of awareness, subject development, teaching method, its contents will also continue to be enriched and developed. In the above principles, together with the teaching methods and means, right such as: teaching method, method, discussion method, comparative method, critical method, design method, practice method, assessment method, demonstration method, example method, case analysis method, practice method and so on, teaching tools and modernized, such asVCDPresentation, multimedia teaching, computer network, for the protection of "international economic law" teaching quality, realize the teaching goal, play a certain role in guiding and regulating, is of great significance for training qualified personnel in law.
(two) "international economic law" teaching method
International economic law and international economic law as the basic system and the development of the discipline, is a comprehensive, cross discipline, marginal characteristics. International economic law as a new discipline, its development speed, discipline system is huge, the content of many, the student may exist the instinct of fear. Compared with the number of content and civil law, criminal law, students are not easy to encounter in daily life or work, so the lack of perceptual knowledge, this has also increased the difficulty of learning. For the teaching difficulties, teachers must fully understand, and to guide students to learn. In order to improve the teaching effect of the course of international economic law, the author intends to teaching practice of international economic law is summed up as follows, to learn from colleagues.
1, through the relation between subjects, to reform the traditional teaching methods
Chinese legal education has always been the traditional teaching method, namely the law+Legal interpretation+Case analysis. It is believed that traditional view of law: law is a rule system independent existence, if people can carry on the correct understanding and use of it, we can solve the problem of complex social problems. According to this principle, legal education is the first is the provisions of the law, then the method of annotation, and through case analysis, in order to make the students be able to use. However, the traditional teaching method in teaching in accordance with the law that the teaching effect is not ideal, the students seemed to know its however, but I do not know why, this prompted the author thought is all and only this is the method of law education?After the exploration, the author found that although the law is an independent discipline, but not a discipline of provide for oneself, hinders scholars from other disciplines to study effectively legal too narrow a view on the one hand, on the other hand also limits the development of law. Marx, Engels once pointed out: the law is only a record and representation of the economic relationship. The law does not have its own history, so the understanding of the law must be investigated and the reason behind the system. At the same time20Century, curriculum integration has become a trend, and the law and economics of marriage can be said to be one of the most memorable. International economic law as a door across the disciplines of economics and law, the study and understanding of international economic law must learn some rules of international economic relations. The discipline of international economics as research in international economic relations will become law, international economic law teaching reference meaning. For example, in the teaching of international trade law, from the angle of international economics introduces students to the freedom of international trade to a party(Including the national)Benefits, and a barrier to free trade, the international trade law presents a hand through the development of relatively clear and stable system to reduce transaction costs; on the other hand, try to carry out the principle of autonomy in the system design, make the students understanding of international trade law to further deepen. The author in recent years through interdisciplinary teaching practice, achieved the desired effect.
2Teaching mode, innovation, and establish a oriented teaching concept
(1) student oriented, the teaching method of discussion
Under the innovation teaching mode, advocate the student-centered, teacher led. Students and teachers can carry out democratic dialogue in the classroom, the teacher is no longer a knowledge provider, and become the learning guide and inspiration. Take the teacher lectures and students report in the teaching form combines, regularly carry out discussions, academic exchange etc.. Such as: in the teaching of international economic law, the author first will be the attitude of the developed countries and the developing countries attitudes are briefly described, and then organize the students discuss in groups, the group discussion were class report. So, always students' dominant role throughout the process of teaching of international economic law. The teacher always focus on students and service for students, so as to give full play to their enthusiasm, initiative and creativity, to cultivate the students ability of understanding and practice of the course content.
(2) problem oriented, the problem teaching method
Question teaching method is a teaching method of problem centered teaching activities. The problem is not only to stimulate students' curiosity premise premise, but also the students to understand and absorb knowledge. Knowledge is only around the problem out, can be very good for the students to understand and accept. The final result and teaching also should never be used to teach the knowledge to solve problems, and it should be up to explore more, new problems more widely in the foundation gradually to solve current problems. As the author in teaching of credit, the risk remittancecollection settlement to the seller and the buyer are analyzed. At the same time, put forward a new problem, namely how to reduce the risk of the seller?The answer to this question will lead to credit. After the letter of credit, banks how to guard against the risk?How to prevent the risk of the buyer?The rights of the seller and the buyer the right to a series of problems such as how to balance, through inspiration and Discussion on a series of questions and tried to give the answer, so that the students of the credit and the system has a deep understanding of.
(3) to practice oriented, using case teaching method
International economic law is a practical subject, at the same time, one of the most important goal of legal education is to cultivate students to learn to use the knowledge of law interpretation of legal phenomenon, the ability to solve legal problems in legal education, therefore, is of special significance to the teaching method of combining theory and practice. International economic exchanges become more widely, also provides plenty of fresh case for international economic law, provide a firm foundation for the application of case teaching method. Practice has proved, case teaching is an important content of legal education, and also an important method in law education. The implementation and promotion of the case teaching method, has become an important aspect of deepening the reform of the education of law. Therefore, in the teaching process, the author has a special case discussion class in the teaching of a chapter, some typical cases are analyzed and discussed. Through the case teaching, the course content and vivid case together, not only can grasp the principle of law, but also is of great significance to the principles, rules and system understanding of international economic law.
3Preparation of lesson plans, selection and training of teaching content, both the depth and breadth of
Because of various colleges and universities on the teaching material has not paid enough attention, and educators themselves and not a correct concept of fame, leading to the textbook writers attitude is not correct. The results, published a crudely made teaching materials in a relatively short time, changes in the development and change of materials and the whole world economic situation is not synchronous, leading to the practice of international economic law teaching material lag behind the international economic law. As a teacher, must from the perspective of students, select a relatively good teaching materials for students, their own must master a large number of related curriculum materials, auxiliary materials(Including regulations)Basic materials and case teaching material, according to the practice of the development of international economic law, prepare a relatively good lesson plans. At the same time, design a nuanced course schedule and course arrangement table. This form should cover the categories and sub directory for each course, and the concrete contents of each subject and corresponding reading materials and a series of content.
In teaching content, must take account of the depth and breadth. International economic law is a comprehensive law, including both international law and domestic law. Therefore we must pay attention to the comparison method to find out the relationship between international law and domestic law, to develop students' understanding of international economic law from the perspective of comparative law, increase the breadth of teaching content. At the same time pay attention to some problems in the area of international economic law teaching, new teaching content development of the fraud exception principle, China's overseas investment law such as the letter of credit. Analysis and study of the international economic law, the focus of the problem, not only keeps the prospective course, but also promote the course of interest.
(three) "bilingual teaching of international economic law"
1Bilingual teaching of international economic law, curriculum and textbook selection
The method is in undergraduate law course14One of the major courses. But the country by law under the professional direction of possible courses but more than this one course. In principle, any relevant international economic law and the content of legal courses can be regarded as the country by law course part. For example, the international sale of goods, international payment, international transport, cargo and ship insurance, international investment, international mergers and acquisitions, the related transactions, international intellectual property international financial regulations,WTORegulations, international law and international commercial dispute settlement can be a country by law course content. These contents can also be further refined. Therefore, has the potential to become the method of choice in the bilingual course still widely. How to choose the bilingual curriculum is the specific issues need to be considered. The author believes that the original intention of the Ministry of education "since the introduction of foreign language teaching" or "Bilingual Teaching" is to improve the ability to use language to deal with the legal problems of undergraduate professional, country by law bilingual courses shall be selected to specific legal international economic activities of need for standards. With the Chinese enhance the economic strength, international economic exchanges in China is omni-directional, thus theoretically all the country by law have practical significance. But if in accordance with the mode and scope of China's foreign economic exchanges, separate and not commonly used categories is currently used to course content may cover in the country by the law. Contract of international sale of goods, payment arrangements and the contract of carriage is a common way in the activity. In foreign mergers and acquisitions and overseas investment is relatively less, but the rising and expanding. Moreover, China's current and America, European and Asian countries or regions of the economic exchanges was significantly higher than that of China and the Africa and Arabia national economic exchanges, but this cannot be said of Africa law or Arabia law is not important. Practice of demand and the market should become our country by the selecting and setting reasonable consideration of law course. But consider the rationality of these theories tend to be affected by the human resource aspects of domestic materials or of the law school limited. Some subjects lack suitable materials or information, some subjects is the lack of appropriate teacher. Therefore, to make them think that the most reasonable choice as to provide bilingual curriculum of the law school only in the market demand, resource constraints and assessment standards and other objective factors. If some of these courses are only offered as bilingual courses, practicality and suitability are bit selection. Limited courses is the inevitable result of teacher shortage and lack of suitable textbooks.
In recent years, although many publishers have introduced some foreign original teaching materials, especially English materials, also published domestic scholars write English, but can really as a country by law course teaching material is not much. Foreign materials to localization, is really suitable for domestic students foreign language level and knowledge structure is a teacher according to the actual situation of adjustment problems, while English publications home really can and international standards, which has need to also consider the problem than similar foreign materials in the content, level and the text, and the these factors and the teaching quality directly related to. In short, country by law English textbook selection is still taught in English by one of the main bottlenecks in law course.
2Bilingual teaching of international economic law, study method
In the teaching method of bilingual teaching is a problem we have to face. To English course as an example. The vast majority of foreign English country by law materials from the common law countries and regions, the legal thinking is bound with the common law legal analysis of color, the inevitable based case teaching. The author thinks that the use of English textbook of country by law course professor at least need to consider to meet three requirements: first, the instructor must to Professor content according to legal principle in common law interpretation, otherwise it can not objectively, the real show the original color to the students; second, teachers must also compares the principles of interpretation the common law and China law interpretation principle, otherwise it can not be textbook localization, ideas, contents and principles of most of the students are difficult to digest English original; third, teachers must understand their own first what is logical reasoning of case teaching and the law, and be able to use the case teaching, otherwise it can not correct, reasonable, effectively to the rule of law students case indicates. These three characteristics to the teachers put forward higher requirements, the majority of domestic law schools lack teachers is another bottleneck effectively bilingual teaching.
One must consider the bilingual teaching and foreign language Chinese proportion is the problem of teaching methods. Can transform nature in order to Chinese and English in bilingual teaching, and in accordance with the students understand the need to moderate control, English also puts forward higher requirements for teachers. The author in the use of bilingual proportion has not yet developed successful experience. If Chinese used up, will become the most English content has been teaching translation, teaching slow down. If simply avoid using English and Chinese repeated the same question, namely the difficult problem with Chinese Professor, may make students lost comprehension exercise English legal content with English opportunities for students' language ability, improve the adverse. The contradiction between the teaching language, and progress is that we have to face the problem, but also one of the problems I still thinking.
Although I have no experience, but there are some own views on the problem of this kind of teaching method: first, the proportion of language, I think we should try to use English professor and explain, in the explanation should pay attention to the use of the original English, rather than thinking in the structure of the English expression; second, in the legal concepts, legal interpretation and Chinese thinking different principles, and found that most of the students appeared dazed expression, to the proper use of Chinese explain English content, make sure that the students understand the teaching content; third, teaching time, students will fatigue, slow reaction rate, then Chinese use more can help them to understand; fourth, on the specific English legal concept must provide an explanation or definition clear to students, in order to avoid the emergence of the concept of error leads to understanding of the text or the contents of the law English error; fifth, for some dictionary translation is not accurate, not appropriate English words necessary to explain Chinese meaning clearly to the students, or they use a dictionary can not really understand the connotation of law related words.
3Requirements for teachers, bilingual teaching of international economic law
In the method of bilingual teaching on the quality of teachers have higher requirements. The teacher should not only understand the language, but also understand the law; not only understand the rules Chinese, also want to understand the foreign related rules; to control the different language and the system of rules. Although the concept of "understand" big, large amplitude, but can reach above target minimum standards for teachers in our existing law school is not much. Therefore, the qualified bilingual teachers training is one of the urgent tasks of our country to improve the level of bilingual teaching needs to solve.
Cultivation of the qualified bilingual teachers is one of the strategic objectives must be established in the law school. Study abroad is one of the effective ways to cultivate bilingual talents, but to not develop language and country the only way method level. Want to be engaged in bilingual teaching, teachers must first find an effective way to improve their professional level. Of course, improve the teaching method of bilingual teaching by way of many, and most should be completed by the relevant law school myself. I think that might as well by the Ministry of education, society or the ability of university organization and conduct of their short - or long-term bilingual teaching training. Training plan should include the exchange of teaching mode, teaching materials and teaching methods; teaching content selection; process control; identify relevant curriculum standard; practical issues affecting design of teaching process and test results. The purpose of training should be put in the bilingual teaching staff method for standard teaching course itself is clearly understood, the goal and the effect of bilingual teaching have a reasonable expectation value.
4Bidirectional errors, teaching and learning
The first big mistake of teaching and learning is the foreign language as a luxury, decorations or ornaments, not to communicate and work tools. In bilingual legal courses as an example. Some teachers in bilingual course without using English as the professor and the tools of communication consciousness, transfer the symbolic significance to use English in the course of higher than the curriculum content of communication and information. Some courses use English data, with Chinese Professor, this bilingual classes became legal translation course. The teacher can take books read, no competence in English free, effective interpretation, often have to use Chinese explain complex concepts of law. So that the students will take the way of thinking and method of the same treatment course content. Many students can use English to recite the speech a few minutes, but dare not or can not be used English for impromptu speech. The reason is that teachers and students in the learning English never thought really use, but English as an "examination course". The same thinking reflected in the bilingual teaching of the law is only the "pass" the curriculum content as the learning objectives, but not "use" English in the legal profession as the goal of curriculum. I saw the syllabus bilingual teaching of international law in the online part, wherein90%With Chinese writing. If we use English or any language as a communication tool, a necessary means of survival, we will pay attention to English content rationality and to communicate with others, and not to "say" in accordance with the classroom English and meet the standard.
English Teaching of law and legal English difference is one we must face and it is difficult to solve the field, is also a often leads to misunderstanding areas. The author thinks that in English teaching law courses to help students improve their English level, but if in order to improve the students' English level and will English law course in legal English courses are lost to open English law curriculum significance. For example, some scholars in the bilingual legal course experience said: "every class, listen to a period of about five minutes of listening materials, materials mainly from America sound legal news(Standard English from "Special English" gradual transition to ""). And then begin to English in combination. The difficulty for the key, especially students cannot understand the content, first with Chinese explanation." The author thinks that teaching is used in the process of teaching methods in English law courses above. These methods are the training methods to improve students' language skills, rather than training method to improve students ability to use English in legal work. Language training is a prerequisite for English teaching law, but if the professor of English law courses to language training lost beginning bilingual curriculum significance. Many of our current bilingual law course is a professional foreign professors, bilingual courses they inevitably will foreign language training methods they are familiar with the introduction of the legal profession. Copy the English(Foreign Languages)Methods of training professional cannot complete the students with English(Foreign Languages)Objective as the working language in the legal work. So, in the process of legal teaching in English must prevent the misunderstanding of legal English teaching and English law teaching confusion. In the process of teaching and learning another misunderstanding is the legal connotation of ignoring the language expression, and emphasize the shallow level in the foreign language translation. The law should be a kind of logic system, applicable law drafting, interpretation and law should be consistent, transparent and predictable, otherwise the law will lose its due justice, fair and rational. In the rule of law application of law with particular emphasis on logic, rationality and transparency of laws, otherwise the parties in different countries is very difficult to get justice in law enforcement. According to the experience of bilingual teaching experience of the author and the reading on the domestic part of the translation work, to feel at least in international law(Including the country by law)Some scholars of bilingual teaching and translation of the ills of deviation and translation level lower on the content and essence of the law to understand in english. If the original is so English, such English works should not be recommended to the Chinese people(The author only ability to comment on the level of translation in the English). If the translator's own level induced, reflects the author referred to the "misunderstanding", namely to English legal content with superficial understanding and knowledge dictionary, while ignoring the understand and teach the essence of the law. This misunderstanding in the country by law is the embodiment of bilingual teaching of teachers and students only absorption on translation level teaching and in the superficial, deep connotation and ignore the language data. In this standard, students do not have high level talent level, also cannot effectively use the language as the working language, does not have the high level exchanges ability of substantive law, of course, no and their foreign counterparts and equal communication status and qualification. When this inequality is due to our own knowledge defects caused by words, we must seriously reflect on the way to our standard, bilingual teaching and level.
5Chinese characteristics, influence on Bilingual Teaching
The author thinks that the method of bilingual teaching in China characteristics and its effect on the teaching mode include at least the following contents:
First, the method in bilingual teaching is a product of government administrative guidance teaching, top-down generated. Because of all the law schools must have5~10%The bilingual curriculum, although the country by law course is not in itself must be bilingual teaching, but its international character naturally become bilingual courses to meet the needs of choice. The index evaluation system of the inevitable consequence of method of bilingual teaching is: "a condition, do not have to create the conditions". In the specific model appeared English data with Chinese outline and dictation mode; English data encryption50%In English teaching mode; English data with main reading English data model; and English data and is mainly used English explain main mode etc.. The quality of bilingual teaching mandatory cannot be guaranteed, and if the relevant law school can't find effective ways of training or the introduction of qualified teachers, bilingual curriculum the law school can only stay in the50%The level of foreign language class, is unable to meet the then Ministry of education compulsory implementation of bilingual teaching in the original.
Second, the lack of appropriate teaching materials is carried out by one of the major difficulties in bilingual courses. The quality of English teaching materials published in China, the foreign language level and content are lack of quality assurance system. I read the English legal documents published in China, the grammatical errors and Chinese English too much, the content and perspective of legal description and many places worthy of discussion. Although scholars on the legal content can have different views, but the objective, comprehensive and accurate data, the author's own professional knowledge, and language norms are minimum standards required textbook. Due to the shortage of limit high level professional foreign language talents and information, the appropriate country by law English material scarcity is the short term is difficult to solve the problem of. Direct introduction of foreign materials can not directly meet the domestic needs of students. For example, the author's own monographs: InternationalCommercialLAwThe third edition has a legal publishing house andLexisNexisIn Chinese publishing. But the book is for the Australian market, and does not take into account the Chinese students lack the common law training, especially the lack of training in common law logic of knowledge and methods, so many students still have difficulties in understanding. The author uses his book in bilingual curriculum itself, but according to the knowledge structure characteristics of domestic students understanding of the effect of students in teaching problem made special instructions and explanations. Write suitable bilingual teaching material is the implementation of bilingual teaching in the Ministry of education as an important factor of success. This work should be scientific research institutions by the Ministry of education has written or by qualified foreign language textbooks ability alone or in combination with bear.
Third, the lack of high-quality teachers is the country after another weakness of law teaching, and bilingual teaching in the lack of qualified teachers has become one of the conditions in the bilingual teaching characteristic. Through effective way, multi-channel, multi-level improve the country by mage capital level is one of the most important problems in the bilingual teaching must solve method.
Fourth, law students of English(Foreign Languages)The low level is a challenge to the implementation of bilingual teaching, bilingual teaching has become one of the China characteristics. According to the survey on the students he taught, since2004Year, three bilingual courses taught at the author of each academic year, capable of both oral and written communication in English proficiency students, namely basic to the number of students to use English as working language only students5~10%So, there are about10~15%Students can effectively understand English data content, but not enough to English fluently express their ideas, the other students English understanding does not reach the level of language, but also has the minority(About3%.Students English good but the lack of effective legal thinking ability. Such a small number of students or prematurely because of formation of the inertia of thinking, but refused to accept the law and foreign law to study the country must be thinking, or belong to the legal thinking class cannot accept and not suitable for work in the legal profession students. These are the author obtained according to their own teaching and marking examination papers conclusions of experience, may not be comprehensive, but at least the bilingual teaching in China more mature law school the students English level can not reach the required level of teaching basic. Some poor students of law school situation may be even worse. This feature requires that teachers must according to the actual level of students and the ability to accept the decision, schedule and use Chinese professor content ratio.
Fifth, the use of the environment is another feature we have to face the lack of effective foreign language in school and in life. Foreign language teaching in our country university never out of the "knowledge" mode. In the absence of environmental conditions to improve the quality and effect of bilingual teaching, the bilingual teaching to promote environmental improvement is the country by another special method of bilingual teaching.
The above characteristics for the country by law of bilingual teaching mode has a direct effect on. Because of these characteristics exist in bilingual teaching mode, the method must be suitable for these characteristics. At the same time, because of these characteristics, the method of bilingual teaching must also be capable of aiming at these characteristics, so as to effectively change or reduce the characteristic effect. For example, teaching materials and teacher training problem should be solved by the Ministry of education and the related university special investment way, national resources as soon as possible for the country by law related courses to develop high levels of mature, foreign language teaching, and through a variety of training methods to improve the method in bilingual teachers' quality, establish the short class is one of the ways of training should be considered. Law students' English level should be made to create a large foreign language learning environment and teachers improve their foreign language level to. For example, all kinds of courses English data directly use the proportion increase, play a lot of English lectures, organize international conferences, create the use and English practice opportunities for students to make full use of their resources, students create student exchange opportunities for students and foreign, make full use of cyber source in May cases provide appropriate language interactive environment, as much as possible to organize students to participate in foreign legal knowledge contest, so that they have to use English as working language competition, is conducive to the effective measures to improve the language environment.
Objective: To study the influence of positive China characteristics of bilingual teaching is to realize the bilingual teaching in our specific premise, background and needs, and the limited conditions, so as to realize the premise and condition of the inevitable effects of existing models, and then found that improving environmental conditions and the establishment of the most effective methods and ways of mode.

Legal history fourteen, Chinese
China legal history is an important basic course of law professional.1997 The Ministry of Education approved the years the legal science undergraduate students 14 One of the core courses,2003 The course content included in the national unified judicial examination, but also the important content of master of laws and most comprehensive key university LLM comprehensive examination.
However, because the subject of historical span legal history Chinese long, wide, covering obscure text, the concept of memory difficulties, both teaching and learning has a certain degree of difficulty; widespread impetuous psychology, also make a lot of students for the course China legal history learning have a fear of difficulty.
1, teaching the existing problems in the legal history of the Chinese
(1).The lack of correct understanding, not enough attention
The curriculum reflects from one aspect of education ideas and objectives. Chinese legal history is the law undergraduate education 14 One of the core courses, but in the actual operation process has not been paid enough attention. One is the qualification examination and entrance examination of national level, Chinese legal history or is not included in the scope of the examination, or score was significantly lower, this invisible to the students of misleading Chinese legal history not important or very important; two is at the same time students practical ability, application ability to emphasize the importance of training, neglect of culture ability for students in teaching Chinese legal history, one-sided that the ability is not the basic theory of the subject's task, but by solving the practical cases and disputes in law to complete the. So students to focus more on civil law, criminal law, commercial law, contract law, the more contact with the actual life and social practice of the subject, spend a lot of time in these subjects, that Chinese legal history "not what", even Chinese traditional legal nihilism of wrong ideas exist in the individual students.
(2) single teaching means, method is not flexible enough
China legal history as the basic theory of the subject, the teaching practice for a long time are based on the traditional teaching methods, emphasizing the integrity and system knowledge. The development of teaching goals, the design of teaching methods, classroom teaching is teacher centered, "the teacher told the students listen" became the basic mode of teaching. The students develop a dependence on the teacher, accustomed to passively accept, that the accumulation of legal history only historical data, without the need for in-depth thinking and discussion, the lack of awareness of the problem, before the exam cram more serious. The interaction between teachers and students to discuss, much less than other disciplines, commonly used in the education of law case teaching, clinical teaching, simulation teaching activities and other court teaching practice is more difficult to use.
(3) background knowledge requirements, teaching and learning difficulty
The content Chinese legal history of five thousand years, involving criminal law, civil law, procedural law, administrative law and other relevant law knowledge. Study the course of history, the ancient Chinese also required the tool and the methodology of curriculum knowledge, and China legal history are generally arranged in the year one or two, due to the lack of necessary knowledge, students learn, understand and master the course has the certain difficulty. For the teacher, speak good Chinese legal history more than easy. Teachers need to have good knowledge about the ancient Chinese, rich historical accumulation, extensive China ancient philosophy and literary accomplishment and solid law foundation and the foreign law and foreign legal history knowledge, can load one's pages with references to point to an area, in the teaching process, infer other things from one fact, aspect in, mastery, guiding students from multi angle, multi lateral proposed and thought the problem. Flexible to mobilize various background knowledge Chinese professor of legal history, need a long-term, arduous study, precipitation and accumulation, not a short duration of time to kick it.
2Measures of teaching reform, Chinese legal history
(1) to renew the teaching concept, legal artisans overcome utilitarianism and pragmatism legal talents is not only familiar with the legal application skills. Be misfits training goal of university education utilitarian, practical, technical, short-term effect and talent's single, tools, occupation and the spirit of university. This situation Chinese legal history course is to train the students' thinking, in legal education and strengthening students' theoretical foundation, often do not pay attention to. Even if the training of legal occupation talents as the goal USA also recognize its disadvantages, Dean of Yale University law school in He Qin, criticized USA law school excessive emphasis on legal occupation skill and method of knowledge once pointed out: "the jurisprudence should become the core of law course, but is hardly what people learn it, it is like the law history, is considered to be a marginal subject or decorative items." Bodenheimer said: "if the student studying law for its own history quite strange, evolution process so he could not understand the country's legal system, dependencies also cannot understand the historical conditions on the surrounding the country's legal system." "A lawyer, just a stupid Chinese only, and extremely easy to become the enemy of society." Overcoming the teaching Chinese in the legal history of utilitarianism, pragmatism and nihilism is the key and prerequisite of teaching reform, it may be too narrow and direct, the Chinese legal history and even the economic interest and the political purpose of hook, will make its predicament and beyond.
(2The discipline system) integration, optimize the teaching content
"In legal history we have be accustomed to the traditional, is the history of ideology and system apart, forming two skins, even very close contact problem is that each of the two step, do not go beyond the prescribed limit; longitudinal contact, common horizontal contact was also artificially separated, not communicated with each other, in recent years come, many scholars have felt this too much division, is too mechanical approach is not the best." In recent years, Chinese legal history subject in terms of curriculum system, the course content, the academic point of view, literature, there appear many new achievements, China ancient legal culture is of rich content, we can explore and summarize the rules from the multi angle, multi direction, understand its value, promote the reform of curriculum system and teaching content the reasonable construction, curriculum content and subject system, in the selection of knowledge, integration efforts, improve the overall optimization, rich in content, materials, reasonable, comprehensive system of the concept of scientific, suitable for teaching and learning quality of teaching material.
(3Cultivating interest, enthusiasm)
The interest and enthusiasm is the best teacher, is the driving force for a person to do things. Students interested in the course, enthusiasm, initiative, creative learning is higher, the better the effect of learning. Knowledge of legal history China, textbooks, text and strange, cannot learn in order to practise, to get instant results, especially difficult to master. In view of this situation, in the lecture, should pay attention to excavate the potential resources of the students, in their familiar background knowledge to start to cultivate interest. For example, in the teaching of ancient marriage system, to the students familiar songs "vagrant" as an example, analyzes the principle of marriage, "six" program, the parents, the words of a match-maker significance; in Bai Juyi's poem "Cherry fan Su Kou, willow Xiaoman Yao" as an example, Saugudes J referred to a wife more concubine system status and influence; the "Peacock Flying Southeast" in Liu Lanzhi, Lu You and Tang Wan bumpy love marriage tragedy, analytic "7 and three not to" marriage relief principle and the status of the women; extended the Royal daughter married Japanese etiquette, let students in-depth experience of other Asian countries reference to law in ancient china. A general outline of the clues, the microscopic details of the background knowledge, reference, to explain the perspective transformation, with typical cases, to make the teaching of legal history boring with a profound sense of history and the intense sense of reality. Familiar with knowledge can have another interpretation on the history of legal context, students are no longer considered legal history curriculum Chinese hateful appearance, but feel very interesting. Especially worrying about the world, sympathy for the weak poet Bai Juyi concubinage numerous facts to subvert the students natural knowledge, stimulate their strong desire for knowledge and the Chinese history of legal interest, let them clearly realize the historical limitation, also make their understanding of the ancient marriage system more deeply.
(4) enrich the teaching methods, the organic combination of traditional teaching method and modern teaching means
A, case teaching
Rigid Indoctrination Theory teaching is difficult to reach the ideal teaching effect, and through the case teaching, not only can make the theory teaching become be lively and vivid, instructive, and helps the students master the boring theory knowledge. But for China legal history, take the biggest difficulty case teaching method is based on the theory knowledge and the specific legal system, how to get to a proper extent of cases to explain and support. And the multitude of oracle bone inscriptions, historical data, Qin Hempel, after the history subset, the case notes, novels, Nothing needed is lacking., rich materials into case teaching resources Chinese legal history, must be selected and refined carefully, according to certain standards for data reorganization law education, should dig out from the multitude of historical data from the ancient literature, but also rich in Chinese looking, more to discover and concluded from our daily for having heard it many times, turn a blind eye to the language, even mining classroom teaching resources from the popular TV drama, the analysis of the social background behind, ideological foundation and internal cause.
B, multimedia and network teaching
Compared with the traditional teaching method, mode of single rigid, multimedia technology can be text, pictures, pictures, animation, sound, graphics, video case together, forming a strong visual stimulation, more vivid, image, visual representation of relevant content Chinese legal history, fully mobilize the interest of students, easy to understand, memory classroom teaching, greatly increase the amount of information, improve the efficiency of. Network curriculum can be extended, complement and enhance classroom teaching. From the plane to three-dimensional, from one element to multidimensional, can make the boring China legal history teaching is lively, twice the result with half the effort.
The establishment of network curriculum is a huge project. The plate can be designed as: the historical background, basic requirements, chapter outline, emphasis, video class, code books, case, historical figures, after-school practice, integrated test, extended reading, taking history as a mirror and other columns.
CBoth in class and outside class
The limited classroom teaching and can't make students master the content and spirit and experience China legal history, textbooks, class has rich resources to help students learn to understand China legal history. Ask the students to appropriate learning and reading, and in the form of classroom teaching activities appropriate close connection, is the effective means of. The author reviews, movie, drama activities in teaching, to good effect. Recommended related books, film and television, guide the students to read and watch, subject matter not to stick to one pattern, diversity in form, can be after the history subset, historical novels, screenplays, the case is even the martial arts novels, is a popular TV drama, which not only focus on the legal relationship, more interesting and readable. From refining, grab and analyzes its legal essence and connotation, the majority of the students not only to digest the contents of the textbooks, but also into their own thinking, so that the limited classroom teaching are natural extension, the amount of reading and students of knowledge expands, learning ability, innovation ability and practice ability also greatly enhanced.
(5Imparting knowledge, cultivating ability) and deal with the examination and
The establishment and implementation of judicial examination system, given the legal education with a clear goal and task. Attend and looking through the judicial examination, become the most law students goals and motivation.
Focus on theoretical knowledge and academic training in Germany also along with the changes of the times and development to strengthen the students occupation skill training.2003 Years Germany promulgated the "law education reform law", the article 7 The clear provisions of the legal education reform: "the purpose of teaching and learning...... We should make university students to be ready for occupation activities, professional knowledge, skills and methods and in accordance with each semester curriculum to teach them to this field."
In the national uniform judicial examination of the background, the contents of teaching, China legal history form of practice and the final exam and the national judicial examination closely, mutual echo. This arrangement is not the product of examination oriented education, but in imparting knowledge, cultivating ability at the same time, content and form of the judicial examination of more attention. In view of proposition ideas and requirement of judicial examination, in classroom teaching, to complement, perfect. Chinese legal history of the theory of culture and knowledge and occupation access should establish a reasonable relationship to the course requirements, form the benign interaction.

FifteenLabor and social security law

1, the nature of the course:

Labor law is a professional education of law science. The purpose of this course is using legal theory reveals the legal relationship of labor and social security relationship and the nature, legal relationship with the content and characteristics of payment.

2, the purpose of teaching:The labor law of learning, so that students understand the basic theory of labor and social security law and the basic knowledge, clear the labor rights and the social security right is a basic right of citizens, can use the labor and social security law basic principle analysis of the problems in real life.

3, teaching content:This course mainly includes the principle of labor law, labor contract law, labor safety and hygiene, wages and working hours system, social insurance law, labor dispute processing system, the basic requirements through every link of teaching to enable students to achieve the mentioned in chapter. The teacher should reform the attention and labor law revision, the social security system combined with the.

Sixteen environmental and resources lawEnvironment and resources conservation law

1, the nature of the course:Environment and resources law is a new interdisciplinary subject of law, is the law of two subjects. It involves not only the domestic law, international law and jurisprudence, administrative law, civil law, economic law and criminal law discipline, but also relates to environmental science, environmental sociology, environmental economics and environmental ethics and other natural science and social science. Environmental and resources law also is a door with the specific content of the independent legal subject. It has the following characteristics: first, it is a theory on the comprehensive and exploratory curriculum, the study of this course, it is necessary to have the legal basic theory knowledge, but also have some knowledge of natural science; second, it is a course with strong application, increasing with the environmental problems and Reflection on human behavior, the traditional way of thinking and the mode of economic development is quietly changing, the implementation of environmental law can directly serve the sustainable development strategy in our country, and to formulate and implement, on China's environment and resources policy has a direct use value of cooperation in the international environment of China as well as to the related environmental and resources disputes etc..

2, the purpose of teaching:Through the course of teaching activities, the basic system to enable students to environment and natural resources law, basic content more comprehensive grasp of environmental and resources law; to enable students to master the unique way of thinking of environmental and resources law, trains the student to analyze the environmental and resources law cases, the environmental and resources law knowledge into practice the ability of.

3, teaching content:The main content of this course can be divided into several parts: one is the basic principle of the protection of the environment and resources, including environmental problems, environmental and resources protection law concept, environmental and resources protection method basic principle, basic system and environmental standards. The two is the basic content about the pollution prevention and control law, including water pollution, air pollution, marine pollution and solid waste pollution prevention and control. The three is about the basic content of natural resources protection law, including land, water, mineral resources, forest, grassland, wild animals and plants, and protect the nature reserves, scenic areas and urban and rural, agricultural environment. Four is the legal responsibility of the protection of the environment and resources law; five is the basic contents of the relevant international environmental law.