In all fields of society, everyone is always exposed to papers, which can promote experience and exchange understanding. How to write a paper to avoid stepping on thunder? The following are the case analysis papers of international commercial law that I collected and sorted out. Welcome everyone to refer to it, I hope I can help you.
Case analysis of international commercial law
abstract:
The traditional teaching methods of international commercial law can no longer meet the current training requirements. Case teaching can make up for the deficiency of traditional lecture teaching, and has practical significance in stimulating students' interest in learning, promoting students' understanding and mastering knowledge points, improving students' practical ability, cultivating students' creative thinking and enhancing teaching effect.
Key words:
International commercial law; Case teaching; Legal education
The case teaching method has always been a teaching method that western countries attach great importance to and widely implement. Since autobiography was introduced into China, it has been popularized and applied in legal education and played an important role in practice. In recent years, because of its important value in the cultivation of applied talents, it has also attracted extensive attention of college educators in China.
First, the case and the interpretation of the connotation of case teaching
Case refers to an objective description of the content, plot, process and handling method of a typical representative event for query and reproduction.
There are many definitions of case teaching. Different arrangements and combinations of attributes at all levels have formed different ideas of case teaching, and also reflected different levels of understanding of this teaching method.
Most definitions of case teaching focus on its teaching methods. Case teaching method refers to the teaching method that takes cases as teaching materials, combines with teaching themes, and makes students understand the concepts or theories related to teaching themes and cultivate their high-level abilities through the teaching process of teacher-student interaction such as discussion and question-and-answer. Case teaching method is a kind of teaching method to realize the teaching purpose through the process of teaching, organizing students to analyze, discussing actual cases and writing case summary reports. Case teaching is a teaching method that takes teaching cases as the carrier and selects certain teaching cases for teaching according to certain educational goals. It is characterized by students' active participation, emphasizing teachers and students to discuss cases together and writing relevant case analysis reports. These definitions emphasize some core elements in case teaching, with different emphasis.
The following is a relatively complete definition of case teaching, which also represents the definition of case teaching in this study: case teaching refers to a teaching mode in which teachers use selected case materials according to the requirements of teaching objectives and teaching tasks to make students enter a specific event and situation and organize students to actively explore the composition of events, thus improving students' ability to creatively use knowledge, analyze and solve practical problems.
Second, the value analysis of case teaching of international commercial law
At present, the teaching method of international commercial law is widely used in colleges and universities in China. The traditional lecturing education in colleges and universities in China still has its advantages, for example, the professional knowledge taught is organized and systematic, which is convenient for students to take notes and master. However, this teaching method has its unique defects, which are mainly manifested as follows: it is not conducive to cultivating students' creative thinking, because students are in a passive state from beginning to end, and can not mobilize students' enthusiasm and creative thinking; It is not conducive to cultivating students' ability to analyze and solve problems independently by using law and jurisprudence, because students mainly receive book legal knowledge and teach research results of intellectual processing in class, and rarely have the opportunity to discuss actual cases concretely and fully. Although in recent years, the education sector has been discussing how to improve teaching methods and change the passive situation brought to students by lecture-based methods. But in this respect, compared with other countries, we have not done enough. Our teaching method should transplant the advanced experience of other countries and change the teaching method instilled by one-way theory.
(A) to cultivate students' interest in learning and stimulate their enthusiasm for learning.
International commercial law is a relatively abstract theoretical course, which has many monotonous legal provisions and basic concepts, strong professionalism, complicated content and boring characteristics. It is difficult to arouse students' interest, which is not conducive to students' understanding and mastery of knowledge, and it is even more difficult to cultivate students' ability to solve problems. Therefore, stimulating students' interest in learning has become an important issue in classroom teaching. Case teaching method can concretize abstract theory, introduce vivid cases in real life into the classroom, and create an immersive atmosphere; Provide students with a learning environment for independent thinking and free discussion. Teaching in such a learning state is easier to improve students' learning interest and stimulate their learning motivation.
(B) can cultivate students' comprehensive analysis ability and the ability to solve practical problems.
International commercial law is also a practical subject, and the main purpose of studying international commercial law is to apply it to the practice of international commercial communication. Traditional teaching methods enable students to obtain theoretical knowledge of "standard answers" to solve problems, but it is difficult to obtain practical ability to use this theoretical knowledge to solve problems; Case teaching method pays more attention to the cultivation of practical ability to solve problems by using theoretical knowledge.
Case teaching can cultivate students' comprehensive analysis ability and practical problem-solving ability to a certain extent by making students carefully analyze cases and put forward their own solutions on the basis of analysis. The development of case teaching is usually that teachers choose teaching cases in advance and create specific practical problem situations through the presentation of teaching cases. Classroom teaching is carried out in the analysis and discussion around this specific case. Through the various problems involved in the case, students gradually learn how to analyze the problem, how to deal with similar situations or problems, and how to solve them. Moreover, because there is no unique solution to a large number of cases, it can give students an open space for thinking and discussion, and it is also conducive to improving students' comprehensive quality and adapting to the needs of society.
(C) is conducive to cultivating students' spirit of cooperation and the ability to communicate with others.
As a teaching form, case teaching relies on and emphasizes cooperation among students. Group discussion is the main organizational form of case teaching. In order to achieve the same learning goals, group members must learn to understand, respect and trust each other. Practice has proved that the learning effect of a cooperative group is far better than that of one person. Traditional teaching methods are difficult to cultivate or improve students' ability of cooperation and communication.
(D) Help students master professional knowledge systematically.
Teaching cases of international commercial law involve many problems. In the process of analyzing a case, students often can't simply rely on a certain part to analyze the whole case, but must be very familiar with all the contents of the study, and be able to integrate and apply them comprehensively. Therefore, case teaching organically links all the contents learned by students invisibly, and plays a systematic red line role in different contents and knowledge points of the course.
Third, the problems that should be paid attention to in case teaching
(A) theoretical teaching is the basis of case teaching.
Combining theoretical teaching with case teaching, we must not advocate case teaching and abandon theoretical teaching, because without the necessary theoretical basis, case discussion will not achieve the ideal effect; Without basic knowledge and professional knowledge, cultivating ability will become an empty talk. No matter what teaching method is adopted, its purpose is to help students master the knowledge points of the course comprehensively and systematically, and improve their ability to analyze and solve problems by using knowledge. Therefore, case teaching cannot replace theoretical teaching, and teaching should be combined with problem discussion and case teaching to achieve good results.
(2) Typical cases should be selected.
Due to the limitation of class hours, the choice of cases lies not in many, but in essence. The key is that the selected cases can better meet the needs of specific teaching content and teaching organization. Teachers should select and refine typical cases with practical significance in international trade law, enrich the case base of international commercial law, and make students better understand the basic theory of law through case discussion. Because the main purpose of case teaching method is not to arouse students' interest in class, but to make students better understand and master the general principles of jurisprudence and improve their ability to solve problems by using law through case analysis. The more classic the case, the more interested the students are, the higher their participation and the greater their learning gains. The European Union, the United States, Japan, ASEAN, South Korea and Russia are our main trading partners, so we should also pay special attention to the selection of typical cases related to these countries or regions.
(3) Attention should be paid to updating cases in time.
The cases of international commercial law are constantly changing with the development of international trade and international commercial law. International trade has the characteristics of wide coverage and rapid change. Under the background of the rapid development of network and information technology, international trade activities are also undergoing profound changes. Therefore, in the process of case selection, we must adapt to the rapid development and changes of international commercial law practice; The selected cases in case teaching must be constantly updated to meet the needs of practical teaching.
(d) Need to spend more time and energy.
Case teaching takes the active participation of students as the premise and the effective organization of teachers as the guarantee, and selects cases that can explain some problems as the material. It is often difficult to combine these aspects organically, sometimes it takes more time and has little effect [5]. There is a contradiction between time and benefit in case teaching, which needs to spend more time. Case teaching requires teachers and students to spend more time and energy on a series of preparatory work, but the energy and time of teachers and students are limited after all.
In a word, the application of case teaching method in teaching is feasible in theory and necessary in practice, which conforms to the teaching purpose and professional training goal of the course. The application of case teaching method in the teaching of international commercial law is conducive to the improvement of teachers and students, to students' understanding and mastery of knowledge points, and to students' practical operation ability. However, the application of case teaching method also has certain limitations and risks.
References:
[1] Zou Limin. Discussion on the educational value and teaching process of case teaching [J]. Journal of Wuxi Institute of Education, 2004, (2):38-39.
[2] Yang Qingyuan. How to implement case teaching method [J]. Journal of Guangxi University of Finance, 2002, 16(8):44.
[3] Pan Xuezhong. On case teaching in teacher training [J]. Primary and secondary school teacher training, 200 1, (6): 13.
[4] Huang Weiguo. Application of Case Teaching Mode in Pedagogy [J]. Educational Theory and Practice, 2002, Supplement: 98-99.
[5] Zheng Jinzhou. Case teaching guide [M]. Shanghai: East China Normal University Press, 2006:2 1.
Extension: the topic selection of international commercial law papers
1, on the interactive relationship between economic law and administrative law
2. The relationship between economic law and social law.
3. Economic Law and Protection of Vulnerable Groups
4. Market economy and anti-monopoly legislation construction.
5. On the relationship between economies of scale and anti-monopoly law.
6. The value orientation of China's anti-monopoly law.
7. Comparative study on some issues of anti-monopoly law.
8. Joining WTO and strengthening the legal protection of consumers' rights and interests.
9. On the Basic Spirit of Consumer Protection Law
10, Research on Consumer Rights Protection in New Consumption Field
1 1, the principle of fair tax burden and the reform of rural taxes and fees
12, Research on Judicial Protection of Taxation
13, the fair value theory of tax law
14. International comparison of policy banks' business models and its enlightenment to China.
15, Research on China's supervision strategy for foreign banks after China's entry into WTO.
16, Some Legal Issues on Mixed Operation of Banking and Securities Industry
17, problems and countermeasures of social security legal system in reform
18, foundation of social security legal system
19, defects and perfection of social security system in China
20 rural social security system and legal system construction under the new situation.
2 1, the reference of foreign social security tax to China's social security tax law
22. Comparison and reference of foreign social assistance systems.
23. Research on some legal issues of industrial injury insurance.
24. On the system of land expropriation.
25. Research on Legal Issues of Real Estate Project Company
26. Research on land reserve system
27, about the rural land contract system
28. Study on the Legal Model of Rural Land Ownership
29. Legal thinking on protecting the interests of landless peasants in cities.
30. Research on the legal system of rights
3 1, Research on Some Legal Issues of Labor Contract
32, labor dispute handling procedure research
On the Basic Principles of Commercial Law
34, the main problems existing in China's securities law and suggestions for revision.
35. Legal supervision on information disclosure of listed companies
36. Research on the Civil Liability of Sponsors of Securities Issuance
37. Research on the legal system of securities investment funds.
38. On the Perfection of China's Securities Issuance System
39. On the Reconstruction of Enterprise Legislation System in China
40. Study on the Legal Nature of Partnership Agreement
4 1, Study on the Legal Nature of the Articles of Association
42. On Limited Liability and Creditor Protection
43, limited liability company shareholder withdrawal mechanism innovation research
44. Research on the protection mechanism of minority shareholders' interests in listed companies
45. Research on Several Issues of Bankruptcy Law
46. On the Obligations of Independent Directors
47, the company's capital system research
48. About equity.
49. The practical significance and legislative perfection of share repurchase in China.
50. Research on Shareholders' Right to Know
5 1, research on some legal issues of enterprise merger and acquisition
52. Research on Legal Issues of Related Party Transactions
53. Research on the Judicial Practice of Shareholders' Litigation Right
54. Research on the legal issues of the validity of equity transfer contract and shareholder registration.
55. Legislative model and development trend of corporate governance structure.
56. The nature and responsibilities of the company in liquidation.
57, hearing the legal issues of civil compensation for securities misrepresentation.
58. On insurable interest
59. Research on Bill Rights
60. Legal nature and basic concepts of trust
6 1, study on insurance abandonment
62. On the principle of good faith in insurance.
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