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前些年我国高校法学专业办学规模急剧扩张,客观上导致了各层次法科学生享有的教学资源不足,尤其是实践能力的培养途径相对单一和狭小,致使法科学生毕业后实践技能普遍欠缺。模拟法庭作为一种实践教学方式倍受青睐,该教学方式是一种以法科学生为主体,以诉讼角色的分配与演练为主要方式,以真实庭审场景为模拟对象,以庭审程序展开为中心,以培养法科学生法律思维和法律实务能力为目标的实践性教学活动。通过该教学环节,可以推动学生自主学习,激发对专业学习的兴趣,培养法律实务能力,缩小与现实执业要求的距离,逐步养成法律职业共同体成员的基本品格。然而,由于模拟法庭教学在我国起步晚,尚未建立系统、有效的模拟法庭教学体系,在一定程度上制约了模拟法庭作为校内法学实践教学平台功能的发挥。为此,建议从法学实践品格的观念再确信,模拟法庭教学模式与方法的创新,以及推进模拟法庭教学的制度保障三个层面同步推进,共同作用,激发其作为法学实践教育教学重要方式之功能的实现。
In recent years, the rapid expansion of the scale of running a law major in higher education in our country has objectively led to the lack of teaching resources enjoyed by law students at all levels. In particular, the cultivation methods of practical ability are relatively single and narrow, resulting in a general lack of practical skills for law students after graduation. The moot court is popular as a kind of practical teaching method. The teaching method is mainly taking the law students as the main body, taking the distribution and practice of litigation as the main mode, taking the real courtroom scene as the simulation object, focusing on the trial procedure, Practical teaching activities aimed at cultivating law students’ legal thinking and legal practice ability. Through this teaching process, students can promote independent study, stimulate their interest in professional learning, cultivate their legal practice ability, narrow their distance from actual practice requirements, and gradually develop the basic character of legal professional community members. However, due to the fact that moot court teaching started late in our country, a systematic and effective moot court teaching system has not been established, which restricted the moot court from exerting its functions as a practical teaching platform of law school to a certain extent. For this reason, it is suggested to re-convince from the concept of legal practice character, to promote the innovation of moot court teaching model and method, and to promote the institutional guarantee of moot court teaching simultaneously to promote their function as an important way of teaching practice of law practice The realization.