Introduction : This is a complete article about Thesis on Civil Procedure Law The model text has about 4000 characters. The topic of the paper is about:《 civil procedure law 》Discussion on the Teaching Reform of the Course -- Taking the Law School of Business School of Yunnan Normal University as an example. Based on the reform of the teaching of Civil Procedure Law in the Business School of Yunnan Normal University, this paper exchanges experience with peers; The deficiencies are expected to be corrected.
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author : Zhong Lei
abstract The Civil Procedure Law is an important course in the higher education of law from many aspects, such as the curriculum of law majors in colleges and universities, the percentage of scores in the legal professional qualification examination, and the specific application of judicial practice. This course has a prominent position and strong practicality, and is closely related to people's production and life. However, the traditional teaching of the Civil Procedure Law focuses too much on teaching students theoretical knowledge of the course, and tends to underestimate the cultivation of students' ability to apply knowledge to solve problems. Therefore, based on the reform of the teaching of Civil Procedure Law in the Business School of Yunnan Normal University, this paper exchanges experience with peers; The deficiencies are expected to be corrected.
key word : teaching reform; Curriculum cognition; Classroom flipping; "Apprenticeship" education
(Thesis on Civil Procedure Law) Model: Discussion on the Teaching Reform of the Course of Civil Procedure Law
1、 Course Overview of Civil Procedure Law
As a required course for law majors and one of the core courses for law majors stipulated by the Ministry of Education, civil procedure law plays an important role in the training of law talents. The curriculum structure of civil procedure law consists of system and procedure.
The system part, namely the basic theory part, focuses on teaching students the concepts, basic principles, basic systems and other knowledge involved in the civil procedure law.
The procedure part, that is, the procedure operation part, focuses on teaching the procedural provisions of civil proceedings such as the first instance, the second instance, and the retrial of civil proceedings. The purpose is to make students understand the theoretical knowledge while clarifying the civil litigation rights and civil litigation obligations of each subject in each procedure, so as to lay a good foundation for future judicial practice, Therefore, this course has strong applicability.
Therefore, the teaching purpose of the Civil Procedure Law is not only to enable students to grasp a solid theoretical foundation, but also to have the application ability and litigation practice ability to transform knowledge into analysis and resolution of real disputes.
The learning of Civil Procedure Law requires a certain amount of civil substantive law, such as General Theory of Civil Law, Property Law, Contract Law, Tort Liability Law, etc., as the basis and support, so our college opened this course in the first semester of sophomore year, and students have entered the comprehensive learning stage from the stage of vague ignorance of legal knowledge.
2、 The Concept and Specific Measures of the Teaching Reform of the Civil Procedure Law
（1） The Idea of Teaching Reform of Civil Procedure Law
In order to overcome the drawbacks of "emphasizing theory and neglecting practice" brought about by the traditional teaching of Civil Procedure Law, and achieve the goal of training law application talents, the curriculum of Civil Procedure Law of our college intends to establish a "student-centered" teaching mode from the perspective of theoretical knowledge, practical ability and professional comprehensive quality of talents. Teachers should pay more attention to the cultivation of their knowledge application ability while imparting theoretical knowledge to students.
It enables students to master the theory and current provisions of China's civil procedure law, and at the same time, to skillfully apply them to the handling of real civil disputes. Taking adapting to the future legal profession as the starting point and the foothold, we should unify knowledge teaching, ability improvement and professional quality cultivation.
（2） Specific Measures for Teaching Reform of Civil Procedure Law
1. Realize diversification of teaching methods
In order to stimulate students' interest in learning and improve their initiative in learning, the teaching of civil procedure law must reform the traditional methods in a timely and appropriate manner. Change the traditional classroom teaching mode of "teacher led" "teacher lecturing, student acceptance" to the new mode of "student-centered" "teacher guidance, student exploration", that is, teachers pay attention to the cultivation of students' practical ability while imparting theoretical knowledge to students.
In teaching, methods such as questioning guidance, case analysis and comparison are often used to enable students to develop the ability to think independently and solve problems while receiving theoretical teaching, and to implement the teaching concept of "combining theory with practice" in classroom teaching. In diversified teaching, teachers need to guide students to ask and explore questions, comment on the conclusions (including the performance of the mock court), and correct wrong conclusions, so as to ensure the correctness of students' knowledge acquisition.
2. Remodeling the knowledge structure of the course
On the basis of ensuring the integrity of the course content system and the cohesion of the proceedings, the textbook and syllabus of the Civil Procedure Law should be re examined. According to the specific contents involved in the chapters, the necessary integration of the textbook chapters and the reshaping of the knowledge structure of the syllabus should be carried out. The knowledge that is too theoretical and has a low practical application rate will be removed from classroom teaching, and efforts will be made to make the textbook "thinner". Teachers will strive to achieve "intensive teaching" in classroom teaching.
3. Promote "first class" course awareness
As mentioned above, the civil procedure law, as one of the procedural laws, is different from the law courses that students have contacted before, so that students obviously feel boring when they first contact the procedural law, and they do not fully understand the significance of this part of the law.
In order to solve the above problems, our college has long promoted the classroom cognition of "the first class", that is, to lead students to the court to observe the real trial or to watch the real trial through the "China Trial Open Network" in the first class, so that students can directly perceive the civil procedure of the court, and orally state their understanding after the observation on the spot, In this way, we can further understand the content to be taught in the Civil Procedure Law and the significance of the courses.
4. Implement "assorted" practical teaching
Our college implements "patchwork" practical teaching for procedural law, that is, in the process of teachers teaching theoretical knowledge of the curriculum, lawyers and judges with rich practical experience are invited to give practical lectures on civil procedure law through "case interpretation" in combination with the actual cases they come into contact with. Let students know and master the practical application of the theoretical knowledge of civil procedure law in specific cases.
The so-called "platter" means that first, professional teachers and practitioners should put equal emphasis on theory teaching and practice teaching; The second is to realize the combination of lawyers and judges among practitioners, explain the application of course knowledge to students from different perspectives in practice, and form a guidance for students' future career.
5. Realize "classroom flipping"
Teachers should reasonably select the important knowledge points involved in the relevant chapters of the Civil Procedure Law, make micro lessons, and strengthen students' self-study after class. In order to ensure the quality of students' self-study, as the feedback of micro lesson learning, teachers mainly organize case analysis or group discussion on the micro lesson content learned by students in classroom teaching, so as to enhance students' understanding and mastery of key knowledge of the chapter.
6. Add mock court in the course
"Mock court" is an important link in the teaching of civil procedure law from theory to practice and in the training of practical legal talents. Students will find cases by themselves, assign litigation roles, write relevant documents in litigation by themselves, and complete simulated court trials in strict accordance with the provisions of the Civil Procedure Law. The teacher guides the students in their actual operation.
A mock court is added in the course, which is mainly aimed at the contents of the chapters related to the "trial process". Students can master theoretical knowledge, cultivate application skills, and increase the course experience through the actual operation of the trial. So as to deepen students' accurate understanding of relevant substantive law and procedural law, train students' ability to engage in legal practice, and promote the cultivation and improvement of students' comprehensive legal quality. In order to avoid the drawbacks of "boring knowledge and abstract content of trial process" in classroom teaching.
7. Do a good job of course connection
In order to ensure the consistency of students' knowledge acquisition and realize the transformation from theory to practice, our college set up courses such as Legal Documents and Full Truth Civil Simulated Trial for students in the second semester of sophomore year. The setting of the course "Legal Documents" inherits the course knowledge of procedural law, teaches students the requirements and norms for writing legal documents, and cultivates students' ability to become legal professionals in the future.
Civil Simulated Trial is a characteristic course offered by our college, which is a form of cooperative teaching between the school (college) and the law firm. That is, the law firm provides authentic case materials, and the college teachers and lawyers "provide joint guidance on campus and off campus".
From the interpretation of case materials, the induction of the focus of disputes, the formation of litigation ideas, the writing of legal documents to the trial and sentence of the case, students independently completed the process of teaching (lawyers) only to give necessary guidance, which once again consolidated the classroom knowledge of civil procedure law and improved the students' ability to apply knowledge.
8. Implement the training mode of "apprenticeship education"
"Apprenticeship education" is an innovative training mode implemented by our college to achieve the training goal of "high-quality, highly skilled and innovative legal outstanding talents". This educational model also provides an important opportunity and support for the teaching reform of civil procedure law.
However, in order to ensure the quality of the training mode, only a few outstanding students of the college are currently used as the pilot. "Apprenticeship education" implements the alternation of teaching in school and practical training outside school, and establishes a practical training and training mechanism jointly implemented by colleges, instructors and external resources. On the basis of students' mastery of theoretical knowledge, follow the guiding ideology of "ability oriented", pay attention to the cultivation of students' practical ability, and develop the professional ethics of lawyers.
"Apprenticeship" education effectively realizes the organic unity of "education, learning and practice".
3、 Reflections on teaching reform
At present, many local colleges and universities, based on their own characteristics, have put forward the concept of transformation and development to applied universities, that is, development in transformation, transformation in development. One of the key points of application-oriented transformation and development is to change the current education model that focuses on theoretical classroom teaching. In teaching, more attention should be paid to the cultivation of students' professional practical ability, innovation and entrepreneurship ability, so as to enhance students' social competitiveness and enhance the professional quality of China's human resources.
The transformation work has a long way to go and needs more support in human resources, financial resources, policies and other aspects. As a part of the transformation and development, the author also thinks about the problems involved in the reform.
（1） Strengthen the training of "double qualified" teachers
The transformation of application-oriented talent training means that the teaching and education mode has changed from the traditional "teacher centered" to "student centered", and teachers have changed from "simply teaching theory" to "teaching theory and application simultaneously". Therefore, "double qualified" teachers provide an important guarantee for colleges and universities to cope with the transformation to applied technology and strengthen professional practice teaching.
However, due to the influence of time, energy, training policies and other factors, the vast majority of teachers still stay in the classroom, unable to cope with practical work. Therefore, in order to promote the construction of application-oriented curriculum, we should pay attention to the introduction of "double qualified" teachers in addition to the training of "double qualified" teachers.
（2） The construction concept of "application-oriented curriculum" needs to be promoted and more support
In order to carry out the application oriented transformation and implement the application oriented curriculum construction, colleges and universities must do a good job in promoting the concept of "application oriented construction". It is not only for teachers to understand the importance of application-oriented transformation, but also for students to understand the significance and objectives of application-oriented transformation, which will help stimulate teachers' and students' enthusiasm for application-oriented transformation and improve their initiative. Only when the linkage between "teachers and students" is formed can the implementation of application-oriented transformation work in colleges and universities be vigorously promoted.
（3） The construction of "style of study" needs to be strengthened
In teaching, some students lack the consciousness, initiative and diligence of learning. Especially for junior students, as they have just entered the university campus, they do not know their chosen majors, which leads to unclear learning objectives. In order to achieve good results in the reform of curriculum transformation carried out by the school, teachers should actively promote it while students should actively cooperate and participate.
In particular, in terms of curriculum transformation, the realization of "less and more intensive teaching" in classroom teaching by teachers means that compared with traditional teaching, a large amount of theoretical knowledge of curriculum needs to be absorbed by students outside the classroom in a self-learning way. However, students' improper "lazy" and "perfunctory" learning attitude will make curriculum reform face considerable challenges in the transformation and construction.
The problem of students' style of study is a serious problem faced by both teaching management and student education. In order not to become a mere formality, effective measures need to be constantly taken to guide.
Through the teaching reform of the Civil Procedure Law, our college has changed the traditional theoretical teaching into three parts of "curriculum cognition - theoretical teaching - curriculum experience" by increasing the methods of watching court trials, practical lectures, and adding mock courts in the curriculum, so as to achieve "the combination of theory and practice".
When students understand and master the theoretical knowledge of the course, they can correctly apply the knowledge of the course, develop and improve the ability to analyze and solve practical problems independently, and lay the foundation for efficient teaching of subsequent courses.
reference
[1] Ma Jianrong Reform and Reflection on the Teaching Method of Civil Procedure Law. Legal System and Society. November 2017 (Part 2)
[2] Jin Meiyu. On the Teaching Reform of Civil Procedure Law. Business Economics. 2016 (7)
[3] Jiang Weiqun Specific measures for classroom teaching reform of Civil Procedure Law. Journal of Gansu Institute of Political Science and Law Adult Education. 2007 (3)
[4] Shen Yaping. Reflection and Reconstruction of Civil Procedure Law Teaching Reform. Contemporary Education Theory and Practice. 2014 (8)
[5] Zhang Weixin. On the "Effectiveness" Teaching Reform of the Civil Procedure Law Course. Teaching Reform Research. 2016 (79)
[6] Cao Deren. On the Establishment and Implementation of Moot Court in the Course of Procedural Law. Legal System and Economy. 2011 (293)
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