判决书在知识产权法课程中的教学设计——情景再现及法律适用的实训

由于司法制度的结构特征及历史原因,判决书在知识产权法学日常教学中并未受到应有的重视。在最高人民法院知识产权案例指导制度逐步建立、司法充分公开和判决书质量不断提升的背景下,将判决书引入知识产权法日常课堂教学则具有重要意义。通过文本阅读、情景再现和证据收集印证、形成判断和法律适用等环节,从而实现判决书在知识产权法课程中具体的教学设计。为切实保障这一教学设计的实现,还需要教学单位在课时、激励机制和硬件设施等教学辅助条件上进行配套。

A Written Judgment in the Teaching Design of Intellectual Property Law Course:Scene Representation and the Practical Training of Legal Application

Because of the judicial system structure and historical reasons,the writing judgment in intellectual property law teaching has not been given due attention.The guidance system of intellectual property case has been gradually established in the supreme people’s court,judicatory fully open to public and the quality of the written judgement has been constantly improved.So in such circumstances,it is significant to introduce the written judgment into classroom teaching of intellectual property law.Through text reading,scene representation,evidence collection and verification,the written judgement and legal application can be clarified,and specific teaching designs of the the written judgment can be applied in the intellectual property law course.To guarantee the teaching designs and its goal,auxiliary teaching conditions also need to be improved,such as class hour,the incentive mechanism and relevant facilities.