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案例教学法是目前法学教育中经常采用的方法之一,案例教学源于英美法系的判例教学,其在我国的发展过程中被法学教育者加入国情并实行了本土化。当前案例教学模式主要有课堂讨论案例和模拟法庭案例,各具特性。案例教学法相对于其他法律教学法而言,具有实践性、趣味性、启发性的优势,可以弥补学生在经验上的不足,培养学生的职业技能,能大幅度地调动学生的积极性。但在当前案例教学实践中,案例的选取、设计、讨论、演绎等均存在很多问题。本文对当前案例教学的反思,意在提升案例教学应用价值,使其更好地为法学教育服务。
Case teaching is one of the most commonly used methods in legal education at present. The case teaching originates from the jurisprudence teaching in the Anglo-American legal system. It has been nationalized and practiced by law educators in the development of our country. The current case teaching model is mainly classroom discussion and moot court cases, each with its own characteristics. Compared with other legal teaching methods, the case teaching method has the advantages of being practical, interesting and inspiring, which can make up for the students ’lack of experience, cultivate the students’ vocational skills and greatly mobilize the enthusiasm of students. However, in the current case teaching practice, there are many problems in the selection, design, discussion and deduction of cases. This article reflects on the current case teaching, which aims to enhance the value of case teaching and make it serve legal education better.