Participatory case practice criminal law teaching reform

-Building a practical teaching model based on Gansu University of Political Science and Law.

Practice teaching is an important part of higher education teaching mode, an important link of talent training and an important way and means to realize the coordinated development of talent knowledge, ability and quality. Strengthening practical teaching, improving the quality of practical teaching and cultivating students' practical innovation ability have increasingly become an important direction of education and teaching reform in colleges and universities. Based on this, we combine the training goal of compound and applied talents in Gansu University of Political Science and Law, integrate teaching resources and teaching team, reform the traditional teaching method which focuses on classroom teaching and theoretical teaching, and combine the teaching staff to explore the participatory case practice teaching mode which focuses on the cultivation of legal professional quality and practical ability of law students. The teaching conditions and advantages of the school, combined with the characteristics of mature theoretical system of criminal law and strong practical operability, are put into teaching practice. The teaching effect shows that the construction of participatory criminal law case practice teaching mode not only deepens the reform of criminal law case teaching mode in our school, but also provides useful experience for case teaching in other departments, and the effect is obvious.

1. Only by constructing a participatory criminal law case practice teaching mode, combining the teaching of basic knowledge with the cultivation of legal professional ability, and closely linking classroom teaching with legal practice, can criminal law teaching in our school highlight its own characteristics under the background of "pan-"legal education and enhance students' comprehensive competitiveness.

-The fruits of this research germinate, grow and bear fruit.

The obvious disadvantage of traditional law education is that it pays too much attention to the systematic teaching of basic theoretical knowledge of law, but ignores or even neglects the cultivation of the ability to solve and analyze problems in combination with actual cases, which will inevitably lead to the difficulty in adapting to the current demand for legal professionals in legal construction, especially in judicial practice departments. Based on the characteristics of complete theoretical system and strong practical operation of criminal law, a participatory case practice teaching mode of criminal law is constructed, which combines the teaching of basic knowledge with the cultivation of legal professional ability, and closely connects classroom teaching with legal practice. Only by focusing on cultivating students' ability to solve practical problems can criminal law teaching in our school highlight its own characteristics and enhance students' comprehensive competitiveness under the background of "pan-"legal education.

(1) Cultivating legal talents to meet the needs of the society, especially the judicial practice department, is the fundamental driving force for the reform of participatory criminal law case practice teaching.

1. Participatory criminal law case practice teaching reform is the need to cultivate legal talents. In the process of contemporary rule of law construction, legal professionals are required to have two qualities: one is legal professional ability, and the other is legal professional ethics. (1) Legal professional ability. Legal professional ability is the general name of professional ability, technology and method that legal professionals should possess. Traditional criminal law teaching lacks case practice teaching links that match theoretical teaching. Therefore, the reform of participatory criminal law case practice teaching pays more attention to the teaching of theoretical knowledge and the cultivation of legal practice and operational ability by combining cases. Through participatory case practice teaching activities, students' legal thinking ability, legal analysis ability and practical case solving ability are cultivated. (2) Legal professional ethics. A qualified legal professional must also have noble legal professional ethics. The traditional teaching mode is difficult for students to enter the real role realm, and can't really experience the social responsibility and professional ethics that the legal profession should bear. Participatory case practice teaching just makes up for this deficiency of traditional teaching, and enables students to cultivate and form professional ethics in "immersive" participatory case practice teaching.

2. The reform of participatory case practice teaching of criminal law is the need to cultivate research-oriented talents in law. Legal talents include legal professionals and legal research talents. Legal education should not only cultivate qualified legal professionals for the society, but also undertake the important mission of cultivating high-quality legal research talents. Legal research must be integrated into legal practice to guide legal practice. At the same time, the innovation of legal research and the cultivation of students' innovative ability are not enough only by imparting book knowledge, but also by combining social needs and judicial practice activities to achieve the expected goals and effects. Participatory case practice teaching is a teaching mode that combines the two well.

(2) Seeking the sustainable development of the school itself is the direct motivation for the reform of participatory criminal law case practice teaching.

1. The construction of participatory criminal law case practice teaching mode conforms to the tradition of attaching importance to practice teaching and the training goal of emphasizing applied talents. One of the important reasons why Gansu University of Political Science and Law can stand on its feet and achieve leap-forward development in the period of popularization of higher education is that it has trained a large number of applied talents who can get started quickly, stay and use for the judicial organs in Gansu and even the northwest region, especially the grassroots judicial organs, and has undertaken the heavy responsibility of cultivating on-the-job personnel in the political and legal system. At present, law education is in the stage of resource integration and survival of the fittest. We don't have the profound humanistic background and rich educational resources of research universities, so we must base ourselves on our own characteristics, face the grassroots and strengthen our characteristics. To cultivate students' legal professional skills and ability to solve practical problems, the reform of participatory criminal law case practice teaching just fits the reality and development orientation of the school.

2. Participatory case practice teaching reform meets the development requirements of higher education. At present, colleges and universities are reforming the teaching plan, personnel training scheme and teaching mode in combination with the social orientation and the actual needs of employers. The competition is fierce and the situation is urgent. Teaching-oriented universities must closely combine the cultivation of professional skills and practical ability, and reform and innovate the cultivation of legal talents. Therefore, the construction of participatory criminal law case practice teaching mode can meet and meet the training requirements of higher education, cultivate students' ability to solve practical problems through actual cases, and improve their comprehensive quality.

3. The reform and implementation of participatory criminal law case practice teaching is helpful for students' employment. At present, the employment rate of law students is low, which is related to the overall situation of the country, but also to the fact that teachers attach importance to classroom theoretical teaching and seldom train students' practical skills. At the same time, it is related to the fact that the school's talent training program can't fully meet the needs of practical departments for legal professionals, which leads to the weak comprehensive competitiveness of law students. Therefore, taking the reform and implementation of participatory criminal case practice teaching as an opportunity, strengthening practical skills training, improving students' ability to solve and analyze cases, and paying attention to the cultivation of practical ability and comprehensive quality can make students more competitive in employment.

Secondly, the participatory criminal law case practice teaching model can fully reflect the characteristics of criminal law teaching in professional political and legal colleges.

-The vitality of this achievement lies in innovation.

Gansu University of Political Science and Law, as the only specialized political science and law college in Gansu Province, had only one law major at the beginning of general higher education. Although the uniqueness of the major has its limitations, it helps it to develop rapidly into an advantageous major. Looking back at the history of the school, before 200 1, the school was headed by the Political and Legal Committee of the Provincial Party Committee and the Provincial Department of Justice, which undertook the task of training political and legal cadres in the province, making the school establish a very close relationship with the judicial organs in the province. This background determines the characteristics of education and teaching in our school: paying attention to practical teaching and being close to judicial practice. This fine tradition has been passed down and consolidated. After careful summary, exploration and improvement, the legal practice teaching mode of Gansu University of Political Science and Law was finally formed. It is particularly effective to carry out participatory criminal law case practice teaching in the field of criminal law with strong practicality.

Compared with the legal education in universities and other institutions, the innovation of the participatory case practice teaching mode of criminal law in our school lies in:

(1) A process-based participatory criminal law case practice teaching model is established, which organically combines "in-class practice (teaching activities) and extracurricular practice (student activities)". The process-based participatory criminal law case practice teaching mode closely combines practical teaching with student activities. According to the learning characteristics and needs of law students at different stages, combined with the courses studied in each academic year, participatory case practice teaching is integrated into the student activity module, and case practice teaching is carried out regularly. A rigorous case practice teaching scheme is formed from the aspects of object, time, content, form, implementation and assessment, which keeps the continuity, operability and standardization of the whole case practice teaching activity. The organic combination of "in-class practice (teaching activities)+out-of-class practice (student activities)" makes the participatory criminal law case practice teaching achieve obvious results.

(2) It creates favorable conditions and platforms for participatory criminal law case practice teaching. The school has a fully functional legal experimental training center that reflects the whole process of judicial handling. It not only meets the needs of teaching, but also undertakes the trial of some cases in Lanzhou court system and arbitration department, which provides sufficient guarantee for teachers' practical teaching, students' observation and trial and students' practical activities. At the same time, 17 stable professional practice bases have been established in the courts and procuratorates of Lanzhou, Wuwei, Baiyin, Jinchang and other cities in the province, which has created good conditions for all-round participatory case practice teaching.

(3) Construction of practical teaching materials. On the basis of summarizing the experience of participatory case practice teaching of criminal law and the law of regional trial work, we dig out typical cases, pay attention to compiling teaching materials combining professional theory with participatory case practice teaching, and constantly summarize criminal law.

On the basis of the results of participatory case practice teaching, practical teaching materials such as criminal law practice case analysis, criminal law, mock trial, legal clinic practice course and case explanation are compiled. It has been published and achieved remarkable results in undergraduate and postgraduate teaching and in-service training and education of political and legal cadres.

Thirdly, the concept of participatory case practice teaching runs through the classroom and outside of criminal law teaching.

-Briefly describe the basic connotation and implementation plan of this achievement.

(A) the basic content of the results

The purpose of participatory criminal law case practice teaching is to make the criminal law teaching process no longer rely solely on the traditional teaching methods and models that are teacher-centered, difficult to test the learning effect of students and ignore the cultivation of practical ability. By adopting various means and methods such as simulating the actual working environment, the combination of theory and practice is realized, and students' participatory learning is emphasized, so that students can receive systematic training in judicial cases and improve their professional skills, practical operation ability and case analysis ability.

(B) the results of the implementation plan

1. The main content of participatory criminal law case practice teaching mode.

According to the characteristics of criminal law and the need of cultivating students' legal practice ability, we have carefully designed 10 module in the participatory case practice teaching mode of criminal law: classroom case discussion, case trial observation (court appearance), judicial probation, case judicial document writing, case mock trial, legal (criminal hot events and cases) thematic debate, judicial practice, legal clinic, legal seminar, legal popularization and legal consultation. Based on many years' experience in teaching criminal law courses, organizing student activities and judicial work, and after scientific argumentation and extensive consultation, we believe that the participatory case practice teaching mode of criminal law should be as shown in the following figure:

In the above-mentioned participatory case practice teaching mode of criminal law procedure, "classroom case analysis → case trial observation → judicial probation → case judicial document writing → case mock trial → law (hot criminal events and cases) thematic debate → judicial practice" is the main line, which embodies the whole process from students' understanding of handling cases to imitating and actually handling cases. Each link is one by one, arranged vertically, and the practice teaching time is clear, and the order cannot be changed with bold arrows. The four practical teaching links (namely, legal clinic, legal lecture, legal popularization and legal consultation) represented by the lateral line are asynchronous with the teaching content and students' cognitive process, and their positions are relatively variable, so students and time can be arranged flexibly.

(1) case analysis and discussion. Classroom analysis and discussion of criminal cases is the most basic form of case practice teaching, which is carried out simultaneously with criminal law theory teaching. Typical difficult cases in practice are selected by teachers and announced to students in advance. After consulting the materials, the students discuss the criminal law issues involved in the case, and the teachers make comments to guide the students to master the methods of analyzing the problems. Law school requires no less than 14 hours of case discussion and debate in each course. At the same time, teachers can flexibly arrange case discussions in the teaching process. Through case teaching, we can arouse students' learning enthusiasm and cultivate their logical thinking ability and oral expression ability. At the same time, it is convenient to test students' mastery of knowledge in time and consolidate the teaching effect.

(2) Trial observation (trial audit). In the process of criminal law teaching, when students have mastered certain theoretical knowledge of criminal law, they should organize students to observe the trial of cases in local courts or invite the courts to hold sessions in the form of mock trials. The Law School and the Anning District Court signed a cooperation agreement. Every semester, the court will hear at least four criminal cases on campus. The court will inform the law school of the information about the public hearing of the case. Law school students can come to court at any time with their student ID cards, and submit their written experiences after attending court. Through the synchronous experience of criminal trial practice, students can intuitively understand the difference between legal theory and judicial practice, be familiar with the judicial process, and initially cultivate students' skills and methods to accurately identify charges and evidence according to the facts of the case, which can further consolidate the theoretical knowledge they have learned.

(3) Judicial probation. It is appropriate for students to have judicial probation immediately after learning criminal substantive law and procedural law. Organize students to go to the judicial practice department for short-term special practical practice activities, such as visiting, marking papers, understanding the handling process, understanding the handling situation before and after the trial on the spot, and assisting in the simple judicial assistance work. By participating in the handling of specific cases, students can personally experience judicial practice, cultivate their interest in professional learning, deepen their understanding of theoretical knowledge, and initially form legal thinking methods. Law school regularly organizes students to visit courts, procuratorates and law firms, and requires students to participate in one-month judicial probation activities in the judicial department during the summer vacation of freshmen.

(4) the writing of judicial documents. To cultivate law students' practical ability and ability to solve specific cases, students must be required to master the production of judicial documents in various criminal cases. After students study judicial documents, practice writing basic judicial documents and consult real files, organize students to write major judicial documents such as indictments, pleadings and judgments. Combined with real criminal cases, practice writing judicial documents, so as to train and improve students' logical reasoning ability, judicial document writing ability and writing level.

(5) Case simulation trial. Case simulation trial is the core link of participatory criminal law case practice teaching. Criminal mock trial refers to a practical training activity based on a specific criminal case, which allows students to act as the main body of criminal proceedings in the trial, imitate the real trial scene, and conduct mock trial in strict accordance with the law. In teaching, we require a mock trial in actual combat. Before the mock trial, the teacher only determined the case, the focus of the trial and the list of litigants, and other statements, defense opinions, the litigation presided over by the judge and the final judgment results were unknown. Students must carefully analyze the case, collect materials by themselves, carefully prepare their own evidence and legal documents, fully consider the opinions, evidence and basis that the other party may put forward, and actively strive for the best verdict. In the "actual combat" of mock trial, students should not only fully and clearly express their views, but also deal with new situations that appear at any time during litigation and debate. In recent years, law school regards mock trial as the main content of participatory case practice teaching of criminal law, and organizes mock trial competition in the second semester of grade two. The mock trial takes the class as the unit, and organizes the court trial process, legal documents and files to participate in the competition and appraisal. The Law School has successfully held seven sessions of the whole hospital mock trial competition.

(6) Special legal debates (hot criminal events and cases). The legal debate is organized by teachers, and hot criminal events and cases which are quite different from the theoretical and practical departments and closely related to real life are selected to organize students to debate in both positive and negative forms. The legal thematic debate in the participatory case practice teaching of criminal law is realized through the regular organization of thematic debate competitions by law schools. The theme debate contest is held in the first semester of Grade Three. The teacher will assign topics to each class in advance, and each class will send debaters to compete. After the debate, each class will submit a written summary. Legal thematic debate can stimulate students' attention to hot criminal events and cases, create conditions for students to master debate skills and express their views in French, and also improve students' language expression ability, logical thinking ability and improvisation ability. The Law School has successfully held four school-wide legal debates on a regular basis.

(7) Judicial practice. Judicial practice is the last link in the process of participatory criminal law case practice teaching. It is arranged in the seventh semester after students have completed most professional courses. Combined with students' three-month professional practice time, students are arranged to participate in the whole process of handling criminal cases in judicial practice departments. At the same time, each student is required to collect and sort out three files during the internship. Its main purpose is to cultivate students' comprehensive application ability of theoretical knowledge, improve students' ability to solve practical problems and cultivate students' legal professionalism.

(8) Legal clinic. Criminal law clinic refers to a case practice teaching method in law school, in which students handle criminal cases by themselves or help teachers handle them under the guidance of teachers with lawyer's license. Although our school only started the education of legal clinic in 2009, relying on the workstation set up by Lanzhou Legal Aid Center in our school, the cases needed by the legal clinic are fully guaranteed, so that students can quickly get in touch with real cases and handle cases under the guidance of teachers. Legal clinic education has achieved remarkable results in participatory criminal law case practice teaching.

(9) Special lectures on criminal cases. The special lecture on criminal cases in the process of participatory case practice teaching of criminal law refers to the lectures given by professionals in legal practice departments on hot and difficult cases in criminal judicial practice. In order to be more practical, the law school regularly invites senior judges, prosecutors, police officers and lawyers in our province to give lectures on criminal cases for students, aiming at enabling students to better understand judicial practice and shorten the distance with judicial practice, especially to help students quickly adapt to the needs of the judicial department after entering the legal profession.

(10) Popularization of law and legal consultation. Social practice is the second class for students and an important practical teaching activity for law students. We regard legal publicity and legal consultation as two practical modules as important extracurricular teaching activities to cultivate students' concept of serving the society and enhance their sense of social responsibility. This link is mainly realized through student associations and student activities, such as relying on students' social practice activities of "going to the countryside" in summer vacation, "12.4" law popularization day, and student associations' "law entering the community", with flexible forms. Students' club activities such as "going to the countryside", "law entering the community" and "legal aid", which are closely combined with practical teaching in our school, have been strongly supported and affirmed by the school and the judicial administrative department.

2. Theoretical achievements of participatory case practice teaching mode of criminal law.

In the process of participatory case practice teaching reform and criminal law research, in order to cooperate with the teaching reform, the main achievements are compiled and published by the organizers, such as Analysis of Criminal Law Practice Cases, Criminal Law, Taking a Case as an Example, Law Clinic and Simulated Trial. At present, this series of teaching materials are widely used in Gansu University of Political Science and Law, Northwest University for Nationalities and some domestic universities as practical teaching materials for undergraduates and postgraduates. Part of the teaching materials, as teaching materials for Xinjiang minority political and legal cadres training courses, were distributed to the third training course for senior prosecutors in Gansu Province and some police officers in procuratorates and courts in our province, which were highly recognized and evaluated by students and judicial practice departments.

Fourthly, the omni-directional, everyone's experience and everyone's participation in the case practice teaching mode highlights its advantages in the teaching of criminal law.

-The implementation effect and popularization value of this achievement.

(A) the implementation effect of the results

1. The theoretical knowledge of criminal law that students have learned has been consolidated and integrated. In the participatory criminal law case practice teaching, the process of analyzing and handling specific cases requires the use of criminal law, criminal procedure law, judicial documents and other related legal knowledge. Therefore, students must have a solid theoretical foundation of law in order to meet the requirements of participatory case practice teaching, which can consolidate and improve students' theoretical knowledge in application. At the same time, participatory case practice teaching puts students in a real or close-to-real environment, which can cultivate students' ability to solve practical problems by comprehensively applying legal theoretical knowledge.

2. Students' oral expression ability and thinking ability have been exercised and improved. In the full-real simulation practice teaching, students personally participate in the judicial process, and the effect is very obvious. For example, in the mock trial teaching, let students play different roles, enter the actual state of court debate, let them fully feel the actual atmosphere of the court, and organize materials according to the requirements of real cases, express them in court immediately and debate with each other. After the trial, let the students watch the trial video and summarize it, and then the instructor will comment, affirm the results and point out the shortcomings. Through repeated practice and summing up experience, their oral expression ability, reaction ability and instant defense ability will be improved to varying degrees, and legal special debate, legal clinic and other teaching links can also have this effect.

3. Students' ability to analyze and solve problems and their ability to innovate are improved. In participatory case practice teaching, students can actively mobilize the subjective initiative of students' analytical thinking and innovative thinking and stimulate their potential when applying what they have learned to analyze and solve specific cases encountered in practice, thus improving students' ability to analyze, solve and innovate.

4. Students' team spirit and sense of cooperation have been strengthened. Many links of participatory criminal law case practice teaching need students to participate in solving problems, which can easily make students form a strong sense of collective honor, thus strengthening the spirit of teamwork. This is an indispensable part of legal professional ethics, which is difficult to form under the traditional teaching mode.

5. Students' learning effect is obviously enhanced. Participatory criminal law case practice teaching aims at identifying and handling actual cases by using legal theory knowledge, which can fully mobilize students' subjective initiative, greatly stimulate students' enthusiasm for learning, and make students actively participate in novel and diverse case practice teaching contents. Through the collection, arrangement and thinking of information by individuals or groups, and the guidance and evaluation of teachers through practical exercises, the ability of using book knowledge to solve problems has been improved, which has achieved the unattainable effect in classroom teaching.

(B) the promotion value of the results

Law education is a systematic and comprehensive multi-disciplinary comprehensive education model. The participatory case practice teaching mode of criminal law aims to make students get systematic training in the judicial process and improve their ability to solve practical cases with legal knowledge through case practice teaching. Teaching practice shows that this achievement has achieved remarkable results in training qualified compound and applied legal talents. We should sum up our experience seriously and scientifically to provide guidance for the research and application of case practice teaching in other legal disciplines in schools. Secondly, our school belongs to the only college of public security politics and law in Gansu Province, and law teaching has always been at the forefront of the province. The research results can provide reference for law teaching in brother colleges. In the future practice teaching, we will continue to explore, sum up experience in time, and strengthen exchanges and cooperation with other institutions at home and abroad to carry out law education, so as to make it perfect day by day.