Mock trial is the most comprehensive and comprehensive practice link. Through the organization and practice of mock trial, the following is a model essay shared by J.L. on legal pluralism in open education. ..
65438-0999 The General Office of the Ministry of Education issued the "Notice on Carrying out the Research Work of" Talent Training Mode Reform and Open Education Pilot "(Trial)", clearly stating that the work of "Talent Training Mode Reform and Open Education Pilot" should be carried out by Central Radio and TV University. On July 3rd, 2065438, the National Open University was formally established. The establishment of the National Open University on the basis of the Central Radio and TV University is a strategic decision of great significance, marking the development of China's open education to a new stage. After the development of the Tenth Five-Year Plan, open education has made great progress. As of September 20 13, the number of registered people in the open education system of RTVU nationwide reached 3.69 million. The Outline of the National Medium-and Long-term Education Reform and Development Plan 20 10 ~ 2020 clearly states that the state should "run the open university well". [2] The National Open University is the reorganization and upgrading of the Central Radio and TV University. The National Open University has redefined the goal of talent training, established a new talent training model, and paid attention to the reform of teaching content and learning evaluation. As the key major of the National Open University, law undergraduate is also facing the adjustment of talent training objectives and teaching content. Whether to cancel or strengthen the graduation thesis of law undergraduates [3], whether to fully participate in the defense or partially participate in the defense, whether to retain a single traditional thesis form or diversify, has become a frequent discussion issue in the daily teaching of law teachers in the national open university system. This paper mainly discusses the diversification of undergraduate thesis of law in open education.
Firstly, the present situation and existing problems of the evaluation mechanism of undergraduate thesis of law in the National Open University.
(A) the status quo of the evaluation mechanism of the undergraduate thesis of the National Open University of Law
Graduation thesis writing is an important part of open education, a necessary step to improve students' professional quality and achieve professional training goals, and plays a very important role in the whole teaching process. In order to standardize the writing and guidance of graduation thesis, China Central Radio and TV University issued "Opinions on the Reform of Talent Training Mode of China Central Radio and TV University and the Work of Graduation Thesis of Law Major in Open Education Pilot (Trial)" in May 2002.
1. Basic requirements for graduation thesis. The topic must be within the scope of law specialty, and the undergraduate thesis cannot be replaced by a specialized thesis. The form of graduation thesis must be academic, not legal case analysis, social practice investigation report, legal work summary and other forms. The number of words in the text of graduation thesis must be more than 6000 words. The topic selection of graduation thesis should not be too concentrated, and the topic selection of undergraduate content should be higher than 30% of the total topic selection, and the topic selection should be combined with China's judicial practice.
2. Explain the qualifications and responsibilities of teachers. Instructors of undergraduate graduation thesis must be teachers with good political quality, strong professional ability and high writing level, and generally choose intermediate titles or master's degrees. Teachers with junior titles who graduated from undergraduate courses can obtain the qualification of undergraduate thesis supervisor only after working for more than five years. Judges, prosecutors and lawyers who have graduated for more than five years may also be employed as instructors of undergraduate graduation thesis. Tutors guide students to choose topics, collect materials, use writing methods, find documents, draw up writing outlines, and urge students to complete the first draft according to the writing plan; Review the first draft of the paper and put forward suggestions for revision; Make a preliminary evaluation of the final paper and write comments.
3. Thesis defense and performance evaluation. Undergraduate students of law in open education are required to take part in graduation thesis defense. The defense group consists of three people, the defense host must have a senior title, and the defense group is composed of teachers from TV University and defense teachers from other schools. In addition to the quality of graduation thesis, the identification of graduation thesis scores of law undergraduates depends on students' on-site defense, and whether the thesis is completed by students themselves can be tested by defense. The grades are divided into five grades: failing, passing, average, good and excellent. The number of outstanding people shall not exceed 20% of the total number of people participating in the defense.
(B) Problems existing in the examination mechanism of undergraduate thesis of law in open education
1. Academic training courses are missing from the teaching plan. There is no thesis writing course in the teaching plan of law undergraduate in open education, and the course assessment method is also a form of examination. Students have not received special academic training and lack the ability to write papers. Students don't know how to collect information, how to write a research summary and the layout of the paper. Although the course "Legal Documents" is offered, the teaching content is the norms and requirements of legal documents of judicial organs, notary organs and arbitration organs, rather than the training of academic paper skills.
2. The graduation thesis is single in form. Graduation thesis can only write academic papers, which leads to poor academic ability, but students with rich practical experience are not interested. Academic papers need the format of asking questions, analyzing problems and solving problems, which binds students' hands and feet, and it is difficult to mobilize their writing enthusiasm and give play to their experience advantages.
3. The graduation thesis defense is a formality. In the process of defense, some students can't answer the questions raised by the defense teacher, and some students lack basic knowledge of law and can't answer well. However, in order to make the graduation rate reach a certain proportion, the defense host will often relax the defense requirements, and only one or two students in the worst class will fail, and other students will be given passing marks even if they are worse. As a result, the whole thesis defense process is not very rigorous, and students think it is too easy to pass, which can not attract students' attention and is not conducive to improving the quality of thesis writing.
4. Plagiarism and buying papers exist. Students in open education can't finish their graduation thesis on time because they don't have time or ability, but in order to graduate, copying papers online or spending money encourages unhealthy trends and constitutes academic corruption.
Second, the opportunities and challenges of diversification of open education law undergraduate thesis
The establishment of the National Open University has created conditions for the diversification of legal undergraduate papers in open education.
In the past, the open education law undergraduate of RTVU and China University of Political Science and Law jointly run a school, which was restricted in teaching and graduation thesis writing. 20 12 The National Open University was officially unveiled in the Great Hall of the People. The National Open University can offer undergraduate majors. According to the regulations of the Ministry of Education, the first batch of undergraduate majors is 19, and this 19 major is eligible to issue diplomas and degree certificates independently, including law majors. The National Open University can make its own teaching plan and decide the form of graduation thesis. It can be said that the establishment of the National Open University provides the possibility for the graduation reform of law undergraduate in open education.
(B) The talent training goal of the National Open University also requires the diversification of undergraduate thesis of law in open education.
The teaching of open education is groundbreaking [4], and the diversification of undergraduate thesis of law in open education will be more suitable for adult students and meet the needs of cultivating applied legal talents in open universities. Applied legal talents should have noble professional ethics, solid legal professional knowledge and skilled legal professional skills, and be able to handle legal disputes fairly and reasonably. [5] Investigation reports, case studies and other forms are more conducive for students to combine legal theory with their own practical experience, to improve students' professional skills, and to promote the transformation of knowledge into skills.
(C) The diversification of the open education law undergraduate thesis is conducive to the improvement of the quality of law teachers.
There is a certain gap between the law teachers in RTVU system and the teachers in colleges and universities in terms of academic qualifications, teaching level and professional ability, which is the reason of the system and RTVU system itself. Law teachers below provincial RTVU cannot be part-time lawyers, which leads to the inability to represent cases. The number of professional training for law teachers organized by RTVU system is also small. Provincial RTVU teachers still have the opportunity to participate in the training, while grassroots RTVU law teachers rarely have the opportunity to participate in the training. There are only one or two law teachers in a grass-roots TV university, so it is difficult to carry out teaching and research activities and improve teaching skills under the condition of little teaching pressure. If the open education law undergraduate thesis is diversified, it will promote teachers' knowledge updating and improve their legal practice ability.
Thirdly, the attempt of diversification reform of undergraduate thesis of law in colleges and universities.
(1) anhui university of finance Law School
If students have a good academic background, they can earn credits by writing traditional graduation thesis. In addition, students have other choices, either publishing papers in magazines with international and domestic numbers or submitting social practice investigation reports. You can also choose mock trial files and conclusion reports or legal opinions as the results of your graduation thesis. After the form of graduation thesis is determined, it shall not be changed at will. If it is really necessary to change, it should be reported to the instructor for approval and re-start the topic.
(2) Law School of Donghu Campus of Wuhan University
The Law School of Wuhan University Donghu Branch implements the dual-track reform of graduation thesis. In 1 14 senior students majoring in law, the court mock trial is combined with the thesis. The performance and production of complete files in court account for 60%, and papers account for 40%. At present, this reform has not been fully implemented, and the school adopts the way of voluntary choice. 1 104 Class of 20 1 1, 22 students chose the "lawsuit" mode, and the rest still wrote their graduation thesis according to the traditional mode. [6]
(3) Weihai Campus of Shandong University
The outstanding research results of scientific research projects for law undergraduates, the "Challenge Cup" national extracurricular academic and scientific works competition for college students, and social practice activities in winter and summer vacations are directly transformed into graduation papers through appraisal procedures.
(4) China University of Politics and Law.
In addition to academic graduation thesis, China University of Political Science and Law has added three forms: case analysis, graduation design and research report. [7]
(5) Southwestern University of Finance and Economics Law School
At the end of 2008, the Law School of Southwestern University of Finance and Economics announced the reform measures: undergraduates who graduated in 2009 must write case analysis, which must be controversial, novel and valuable. [8]
(6) Huaqiao University Law School
Law school requires graduates to make a copy of all the files of closed cases during their internship. Cases can be criminal cases, civil and commercial cases, administrative cases or other cases, but the copied files must be complete. According to the evidence presented in the file, analyze the nature and conclusion of the case, and write a case evaluation report, which includes: brief introduction of the case, evidence identification (fact identification), legal application (substantive law and procedural law) and final conclusion. When the graduates reply, they must bring all the photocopied files for future reference. In the meantime, they are required to introduce the case first, and put forward their own handling opinions, facts and legal basis. According to the specific circumstances of the case, the defense teacher can ask questions about the handling of the case from the perspective of substantive law and procedural law, and ask the students to answer how they handled the case and the facts and legal basis for the conclusion. The defense teacher scores according to the quality of the case evaluation report written by the graduates and the performance of the defense. [9]
Fourthly, the diversified system design of undergraduate thesis of open education law.
The Open University of China can try to reform the graduation thesis, not only retaining the traditional graduation thesis, but also adopting other forms.
(A) the traditional graduation thesis
The topic of the thesis must be within the scope of law specialty, combined with the actual work, and remember that the topic should not be too big, such as "China" or "China" in the topic, and the written thesis can solve the practical problems encountered in life or work. Try not to repeat the topic of students' papers, and it is best for everyone to ask a question. Students should be strictly required in the paper format and academic norms, and the paper format must meet the requirements, not less than 6000 words. The copy ratio of paper must be controlled within the specified range. The theoretical requirements of the thesis can be appropriately reduced, and the writing of the thesis focuses on cultivating a legal thinking ability and an organic combination of theory and practice. According to the working nature and life experience of law undergraduates in open education, we should guide them to choose topics that can apply their own work experience and life accumulation, give full play to the advantages of rich social experience and strong hands-on ability, avoid the disadvantages of relatively weak theoretical foundation, foster strengths and avoid weaknesses, and write high-quality papers with the characteristics of RTVU graduation thesis. [ 10]
(2) Investigation report
In the course of teaching, tutors can guide students to combine work practice with legal courses and determine research topics through special discussions, special debates and small papers. Teachers should guide students' research activities and writing research reports, and improve students' ability to solve and analyze practical problems by using legal knowledge. The original materials of the research report should be authentic, and the research content should be typical, empirical and timely. Research materials can effectively support research reports, and research reports can solve practical problems. In the process of solving problems, it is of certain guiding significance to examine the existing legal theories. The research report should be standard in format, clear in content, informative, scientific in method and reliable in conclusion, with no less than 10000 words.
(3) mock trial
Mock trial is the most comprehensive and comprehensive practice link. Through the organization and drills in the simulated court trial, students are familiar with the relevant litigation procedures, master the writing of various litigation legal documents involved, and cultivate their organizational ability, eloquence and comprehensive analysis and problem-solving ability [1 1]. The tutor leads the students to court, determines the cases of mock trial with the students, determines the trial plan of mock trial, and guides the students to complete the writing of all litigation documents. The mock trial is applicable to the ordinary first-instance procedure. The demonstration of the whole process of mock trial not only requires students to have solid professional knowledge, but also needs a comprehensive assessment of their organizational ability, language expression ability and writing ability, and the writing of legal documents and judgments can test students' practical application ability of the theories and legal provisions they have learned [6]. Students who have not written legal documents can write a summary of the trial and hand it in. The tutor graded the students according to their performance in the mock trial and the litigation documents and abstracts submitted. During the trial, students' demonstration performance accounts for 60% of the total score, and the litigation documents or abstracts submitted account for 40% of the total score.
(4) publishing papers
Students are encouraged to write and publish papers during their studies. According to different levels of periodicals, the school gives certain subsidies to students who publish papers publicly. The topic of the published paper must be within the scope of law specialty, and the author's unit must be the school where the students study. Papers should conform to academic norms and have no academic misconduct. Schools should conduct academic misconduct tests when evaluating the results of published papers handed in by students. The paper should be clear in thinking, fully demonstrated, scientific in method, strict in logic, clear in level and reasonable in structure. Papers published in NTU and Peking University core journals should reach 4,000 words, and papers published in other international and domestic journals with serial numbers should reach 6,000 words. Academic papers of more than 6,000 words published in published collections or other published compilations are eligible to apply for accreditation.
(5) trial files
Students who work in the court or participate in court practice can summarize, summarize, analyze and summarize the cases they have tried or participated in. Students are required to provide a complete case file, and the case file and conclusion report should meet the format requirements, and describe in detail the basic process of the case, the admissibility of evidence in the case and the application of law, with no less than 4,000 words.
(6) winning papers.
Students participate in the appraisal of legal papers organized by the National Open University, provincial law organizations or education administrative departments and win prizes, and the winning papers can be transformed into graduation papers. Won the first prize, and the graduation thesis can be rated as excellent; Won the second prize, and the graduation thesis can be rated as excellent; Won the third prize, and the graduation thesis can be rated as medium; If you win the Excellence Award, your graduation thesis can be rated as passing. The above graduation thesis forms can be freely chosen by students, and students can get graduation thesis credits by completing one of them from enrollment to graduation. The reform of undergraduate thesis of law in open education is a systematic project, involving many links such as teaching plan, teaching and assessment. The identification of the form of each graduation thesis and the evaluation of the results need to set strict standards, and the workload is relatively large. However, reform is an inevitable trend and an important means for the National Open University to improve the quality of personnel training.
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