诉讼法课程实践教学模式探析——以模拟法庭的应用为视角

诉讼法课程是实践性较强的法学应用性课程，诉讼法的教学应当注重实践环节的合理设置。模拟法庭是我国目前法学教学中广泛采用的一种实践教学方法，它能够较为全面地强化学生的理论应用技能和素质。在诉讼法教学过程中，应当结合课程特点，有效运用模拟法庭教学模式，增强学生的公正理念和规则意识，塑造合格的法官、检察官和律府法律执业者。     

模拟法庭实践教学法探析

模拟法庭实践教学法是法学专业实践教育中的重要一环,是法律理论知识与法律实践在学校环境下最佳的结合,有利于培养学生的综合素质和创新精神。本文从模拟法庭教学法的概念入手,着重分析了传统模拟法庭教学过程中存在的问题,并针对存在的缺陷对实战性模拟法庭教学法的开展做出了简要的探索和思考。     

关于模拟法庭教学的思考

模拟法庭教学基本上是法律教育的一个不可缺少的环节,它是法律知识与法律实践在学校环境下有机结合的最佳课程设置之一。但是,目前模拟法庭教学的随意性、教条性、杂乱性问题普遍存在,本文将通过讨论模拟法庭教学的目的、教学组织以及教学评估来探究和思考如何系统组织模拟法庭教学,以期达到学生主动参与和老师主导、学生主动获取理论和实践知识以及老师辅导、学生积极提高职业能力和综合素质以及老师的激励与评估三者的和谐结合。     

模拟法庭在刑诉法教学中的应用

通过理论联系实际,达到更好地理解知识,学以致用,是现代高等教学的基本原则。模拟法庭应用于刑事诉讼法学的教学,使间接经验和直接经验、理性认识和感性认识、讲和练、学和用结合起来,有利于促进教学效果的提高。本文在总结模拟法庭教学实践经验基础上,对模拟法庭的定义、特征、功能、教学组织和基本要求作了理论性的探讨。     

法学专业模拟法庭教学模式完善探讨

模拟法庭教学是培养法学专业学生创新精神和实践能力的重要手段,是提高法学专业学生综合素质的关键环节。加强模拟法庭教学研究,探讨模拟法庭教学模式的完善,对于深化实践教学改革,提高实践教学质量有着重要意义。     

实践教学在法学本科民事诉讼法学教学中的运用

民事诉讼法学理论性与实践性并重的特点决定了实践教学在教学中的重要地位。案例分析法、民事诉讼活动录像观摩、庭审现场观摩、模拟法庭是实践教学手段的主要表现形式。应当根据教学进度及讲授知识点的需要灵活、合理运用这些实践教学手段,以起到培养学生法律思维,理论与实践相结合能力的目的。     

模拟法庭教学中存在的问题及解决

作为现代法学教育一种全新的实践性教学形式,模拟法庭教学较好地弥补了传统法学教育中各方面的缺憾。模拟法庭教学对巩固学生所学的法学理论知识,培养学生理论联系实际、分析和解决实际问题的能力,具有重要价值;目前模拟法庭教学实施过程中存在诸多问题;为了更充分实现模拟法庭教学在法学教学中的价值,针对存在的问题,必须予以一一解决。     

山东政法学院实践教学丰富多彩——民商法学院组织学生开展模拟法庭竞赛剪影

民商法学院是山东政法学院所属的二级学院，近年来为配合校方培养应用型法律人才的总体目标要求，有意识地在实践教学环节精心设计了模拟法庭的教学内容。其组织学生开展的模拟法庭系列竞赛活动，以经常化、规范化、系列化为特征，取得了良好的实践教学效果，积累了丰富的实践教学经验，成为民商法学院诸项教学工作中的一大亮点。     

论法学专业学生实践能力的培养

法学专业是一个理论性和实践性很强的学科,注重学生实践能力培养,是法学专业必须面对的问题。本文认为应确立应用型法律人才的培养目标;改革课堂教学模式,发挥学生的主体作用;以科学有用合理为课程设置原则,加大实践课程的比重,并通过有效地组织管理和制度保障,有效地发挥实践教学的作用,实现培养较高素质应用型法律人才的目标。     

模拟法庭实训课程设置研究——以贵阳学院模拟法庭为视角

模拟法庭实训是开展法学实践教学的主要方式之一,目前,存在多种实训模式,为更好地发挥模拟法庭实验教学的效果,各法学院系最好将模拟法庭实训作为一门课程进行设置。     

论讨论式教学法在法学本科教育中的应用

法学本科教育的定位应是职业教育,职业教育必须重视实践教育环节。讨论式教学法,作为实践教育模式中重要的教学方法,能充分调动学生的主观能动性,培养学生的创新思维,提高学生的综合素质与能力,以实现我们本科教育的培养目标。讨论式教学法应在法学本科教育中普遍推广。在法学主干课程、基础课程中我们应主要采用讲授式教学法,辅之以讨论式教学法,而在非基础、非主干课程中采用以讨论式教学法为主的教学方式。     

BRIEF VIEW ON THE STANDARDIZED TRAINING OF LEGAL PRACTICE SKILLS

Because of the massive expansion in enrollment, the number of graduates from law schools across the country is unprecedented, but the rate of unemployment is also unprecedented in comparison with the graduation. In stark contrast, many employees are finding it difficult to find graduates of talent fitting directly to working requirements. The traditional mode of education is to cultivate students with legal research abilities, but the main social need calls for graduates who are prepared to practice, which has caused the low employment. As a result, the graduates’ failure to meet the social demand caused serious imbalance between supply and demand. The characteristic of legal practice skills is to solve practical problems through the practice of adapting legal knowledge, but practical skill training in law school education now is basically nonexistent. The training of legal practice skills must be conducted through aspects of course design, and therefore teaching methods necessitate comprehensive reformation. The practice skills of the legal profession, such as basic literacy, basic skills, and work skills, are indispensable to the education of students. Educating them to attain these skills will aid them directly in practical work after graduation, improve their work quality and employment rate, and consequently improve the whole overall quality of the legal profession.     

浅析校企在学生“顶岗实习”中的社会责任意识

本文从社会责任的角度分析了在职业人才培养模式的建立和不断完善的过程中,高职院校与企业在培养职业人才方面应发挥的作用;并呼吁校企双方应通过资源互补共享、积极合作,采用高职院校学生进入企业＂顶岗实习＂的方法实现职业人才的培养目标。     

The potential of digital technologies in problem-based forensic learning activities

Forensic practice is the concluding practical course of the forensic science bachelor program at the School of Criminal Justice of the University of Lausanne. Learning activities are constructed around five main objectives for the resolution of simulated forensic case problems: 1) select relevant traces and items to be collected at the scene and perceive their potential value in the reconstruction process, 2) apply appropriate detection techniques in sequence to obtain clues of good quality, 3) process traces using Analysis, Comparison, Evaluation and Verification (ACE-V) methodology, 4) produce and summarise information in oral and written forms to help an investigation, and 5) work collaboratively to benefit from the diversity of group members. Simulating and supervising realistic activities is a complex task that became more and more challenging with a continuously increasing number of students over the years (from ca. 30 in 2016 to more than 60 in 2021). Thus, an educational innovation project was launched and aimed at implementing digital technologies to support the teaching staff. A computer-based crime scene simulation tool (allowing students to visualize 360° crime scenes and relevant items) and a communication tool (to simplify and centralise the communication between the students and the teaching staff) were implemented. This article describes the implementation, added value and limitations of these digital technologies in problem-based learning activities. Prior to 2020, the practical course forensic practice was delivered entirely on-site without specific technologies, and entirely on-line in 2020 (due to the sanitary restrictions related to the COVID-19 pandemic). Finally, in 2021, on-line and on-site activities were implemented with success, combining the best of both approaches in a blended teaching mode. An overall increase in the satisfaction of students and teaching staff was observed with the implementation of these tools. Limiting presence on-site allowed students to take a step back from the activities and collected items. This promoted critical thinking, and together with an increase in structured (on-line and on-site) interactions allowed for a positive, continuous learning experience. While the evaluations of these novel technologies were very positive, students still expressed their willingness to perform certain tasks on-site and a preference for face-to-face interactions.     

卓越卫生法律人才实践性教学研究

我国现行卫生法律人才教育模式偏重向学生传授基本法学原理和法律知识,忽视了学生实践能力和操作能力的培养,应进一步加强具有医学与法学交叉特色的实践性教学,建立卫生法学综合实验中心,培养卓越卫生法律人才。     

Training of legal professionals in DNA evidence

The South African Criminal Legal System is based on Roman Dutch law. Court proceedings are led by a single presiding officer of the court. Prosecutors and defence advocates present the court with evidence in an adversarial manner. This system has inherent advantages and disadvantages and therefore the training of legal professionals in handling DNA evidence in court is important. The prosecutors resort under the National Prosecuting Authority and the defence advocates act independently or e.g. under the auspices of Legal Aid South Africa.Education curricula of legal professional do not include forensic science evidence. Principles such as evidential value in the forensic context are not addressed. Training of legal professionals with our Essential DNA Evidence™ Course has been a multiplier of forensic science knowledge in the legal profession in South Africa. We present prosecution and defence perspectives in an unbiased manner, compensating for the possible subjective interpretations of evidence that may be presented in court. Forensic evidence is subsequently carefully evaluated prior to being court presentation thus improving court efficiency, and allowing for a more focussed approach to the presentation of evidence. Approaches to the customisation of course content that adds value has been identified via evaluation of training programmes.Experience has shown that legal professionals have the ability to incorporate relatively complex scientific concepts into their legal arguments if provided with the appropriate training opportunity. Appropriate training in DNA evidence has made the court process more effective, both in terms of time and costs, and ultimately serves justice.     

DNA evidence in South Africa: Lessons learned to date

A trend was noted over the past 15 years in the South African courts. This trend has a multi-factorial origin and highlights the problems faced in the use of forensic science evidence in court. Although there have been improvements on how DNA evidence is gathered and presented in court, due to the fact that certain cases have been contested at the DNA evidence level, multiple issues remain that have not yet been addressed when DNA evidence is submitted to court. These issues include: accreditation, regulation of the forensic science profession, continued education, training of court officials, quality assurance, biased testimony, lack of transparency with regard to processes and procedures followed in the forensic community, incorrect interpretation of DNA evidence, lack of scientific knowledge (including the scientific method) by DNA experts, awareness by the legal profession and an over emphasis on the prosecuting perspective. These same aspects continue to plague current cases. Despite the above, the window of opportunity to address the above has not yet passed. However, it will take continuous and concerted efforts from the scientific and legal professions to bring about the appropriate change to facilitate justice for all in South Africa.     

The future of forensic and crime scene science. Part II. A UK perspective on forensic science education

This paper builds on the views presented by the author at 'The Future of Forensic and Crime Scene Science Conference'. Forensic science has become an increasingly prominent area of science within the last 10 years. This increasing prominence together with popularity in the subject has seen the number of undergraduate students studying forensic science related courses at UK Universities increase rapidly in just 5 years and there are no short term signs of this trend reducing. In 2005, there were 450 courses with forensic in the title offered by higher education institutes. Although the forensic community has expressed its concern that job prospects for these students wishing to pursue careers as forensic scientists will be limited numbers of students undertaking science courses have still increased. The increase in students studying forensic science comes in an era of decreasing science numbers in higher education with the potential to produce high calibre science graduates with sought after skills in critical thinking, analysis, interpretation and communication. Technology has continued to advance at a similar pace providing those responsible for managing crime with a need and opportunity to identify and predict new and future applications of science and technology; not just in reducing and detecting crime but also in predicting how technology will be used by criminals in the future. There is therefore a need for forensic science users, providers and educators to identify the knowledge and skills required by forensic scientists and crime investigators of the future to ensure that technology continues to be used and applied to its full advantage. This provides universities an opportunity to contribute to the development of both the practice and practitioners of forensic science. This paper outlines the current issues facing universities in relation to forensic science and identifies their future role in providing high quality relevant courses for future forensic practitioners; developing current forensic practitioners through their participation in applied research, short courses, conferences and qualifications linked to professional practice; and supporting and developing the practice of forensic and crime scene science, through the identification, engagement and dissemination of pure and applied research.     

法学本科实践教学的反思与深化路径

传统的法学本科教学模式在教学目录中列有实践教学课程,但是,来自于司法实务界和社会实践的反馈表明,法学本科重理论说教、轻实践操作运用的教学模式培养出的法学本科生大多都难以适应国家法治建设和经济建设发展的需要。面对新世纪国家法治建设和经济全球化的现实,本文认为,高等学校法学院应当转变传统的教学模式,进一步深化和完善法学本科实践教学机制,以培养符合时代需求的应用型法律人才。