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法学教育中处于基础理论与法律操作两大板块脱节的困境,培养出的学生,虽不是理论的巨人,却是行动的矮子。文章提出,法学专业基础理论课教学实践化是必由之路,通过对案例材料的选择、追问、讨论、辩论、模拟开庭等方式,建立教师的主导性与学生的主体性结合的长效机制,打通了理论与实务,学校教学与实习,教学内容与岗位能力,知识、能力与素质的关节,也有助于我国本科教育的重新定位。
Law education is in the dilemma of disengagement of the two major sections of the basic theory and legal practice. Students who are trained are not the dwarves of the action although they are not theoretical giants. The article points out that it is the only way to practice the teaching of the basic theory of law course. Through the selection of case materials, questioning, discussing, debating and simulating the court, the long-term mechanism of the combination of the teacher’s dominance and the student’s subjectivity is established. Theory and practice, school teaching and internship, teaching content and job skills, knowledge, ability and quality of the joints, but also help to re-position our undergraduate education.