Practical Teaching Mode in Education of Civil Procedure Law

Ai Dan

School of Political Science and Law, Yichun University, Yichun, Jiangxi, 336000, China

Keywords: Civil Procedure Law, Law, Teaching Mode, Learning Tasks.

Abstract: The relation between teaching mode and the fact in education of civil procedure law was studied in this

work to promote teaching efficiency. The application of practical teaching mode in civil procedure law

education was studied by analyzing the relation between the two on the connection of the teaching mode

and its theoretical basis. Analysis showed that practical teaching mode in civil procedure law education

would gain good result under the guidance of learning tasks. The innovation of this work is to demonstrate

the rationality of practical teaching mode through pedagogy and psychology in teaching theoretical basis.

1 INTRODUCTION

In daily teaching process, teaching of

professional courses on law always aims to cultivate

talents. Therefore, teachers should grasp current

demand on law, making daily teaching mode more

suitable for building socialism with Chinese

characteristics. Thus more legal talents will be

cultivated to contribute to building socialism.

However, civil procedure law, as an important

compulsory course of legal specialty in higher

education institutions, should centre on practical

requirements of legal profession and its related

posts. Meanwhile, cultivation of students’

comprehensive quality and ability should be focused

on to help them master functional knowledge

through classes.

2 SUMMARY OF PRACTICAL

TEACHING MODE AND ITS

THEORETICAL BASIS

2.1 Summary of Practical Teaching

Mode

Practical teaching mode is a way to improve the

practicality and operability in learning professional

courses for students in higher education institutions

in essence (Wang Binglu, 2002). In particular,

students can learn and explore gradually by fulfilling

tasks in study, thus enhance their theoretical

knowledge into practice and show their due skills in

practice. Students will obtain certain conclusion and

analytical ability especially on fulfilling learning

tasks by connecting with fact in practical teaching

mode. The characteristic of this teaching mode is

regarding learning task as the core, students as a

subject of tasks fulfillment, and completing related

tasks under the guidance of teachers in charge while

combining the fact. Teachers use practical teaching

mode whose cores are observation of students and

cultivation of thinking ability, to help students find

the sticking point of task gradually (Wang Xinya,

2008). Thus students can complete the learning task

and turn passive study into an active one, which

develops their study interest and proper thinking

habits.

2.2 Theoretical Basis of Practical

Teaching Mode

Modern teaching theory thinks learning is an

effective communication as well as a collaborative

cognition between students and teachers instead of a

one-way cognitive progress of students. Practical

teaching mode, equipped with certain theoretical

basis in construction, exactly reflects such a modern

teaching theory.

Firstly, the perspective of psychology was

analyzed. In last century, American psychology

professor Goleman came up with the idea that

human possess a quotient on emotion, which is

called emotional quotient (EQ). EQ, an intelligent

reflection of people controlling, analyzing and

applying their emotion, has a huge impact on

different people’s daily life. Therefore, people

334

Dan A.

Practical Teaching Mode in Education of Civil Procedure Law.

DOI: 10.5220/0006025603340337

In Proceedings of the Information Science and Management Engineering III (ISME 2015), pages 334-337

ISBN: 978-989-758-163-2

require more emotional elements than intelligent

ones to be success. However, current study on

educational psychology shows that if students want

to completely understand and master related

knowledge, they need more non-intelligent factors as

well as certain intelligent factors. During the

process, students do not have many differences on

intelligent level, whereas large differences on non-

intelligent level appear. In particular, students’

habits and volition showed in study, greatly

influence their play of intelligent level. Thus

students in higher education institutions have to

form good non-intelligent factors in study. Practical

teaching mode esteems students’ learning

subjectivity, which makes students more into study

and fully expresses their thoughts in study.

Therefore, practical teaching mode can help improve

students’ non-intelligent factor and eventually give

play to excellent ability and intelligent level.

Secondly, the perspective of pedagogy was

analyzed. Philosophy of constructivism does not

think study a pure progress of instilling scientific

and cultural knowledge to students. In this way,

study is a progress in which students receive

knowledge from the outside and rebuild it with their

own knowledge structure. Therefore, in the way of

constructivism, teachers should play an assistant role

in teaching, making students more active in learning.

Practical teaching mode help students combine

curriculum knowledge with the fact and form a

favorable learning environment with their own

knowledge under the direction of teachers. Thus,

students can form the habit of active exploration and

desire for knowledge.

3 VALUE OF BUILDING CIVIL

PROCEDURE LAW TEACHING

IN PRACTICAL MODE

3.1 Practical Teaching Mode’s

Sublation on Instilling Teaching

Mode

Civil procedure law is a course with strong operating

characteristics of legal profession in higher

education institutions. Its own character requires the

combination of practical ability and theoretical

knowledge while the former is the emphasis in

teaching. Therefore, the goal of civil procedure law

teaching is to improve students’ comprehensive

judicial competence. It is also the main teaching goal

for teachers to help students apply their theoretical

knowledge into legal practice. However, civil

procedure law courses in many higher education

institutions still emphasize much on instilling

theoretical knowledge without returning to its

practical character. In this way, students’ practical

ability of civil procedure law cannot get improved in

teaching.

However, practical teaching mode can solve the

problem of over emphasis on theory in instilling

teaching, helping students master the practical skills

of civil procedure law more maturely. This teaching

mode is based on students’ consolidation of basic

knowledge. Besides, it can prevent students from

over emphasizing on theory but ignoring its

practicalness. The separation of legal theory and

practical ability can also be avoided. If theory

instilling is emphasized unilaterally, students will be

helpless when facing legal practice, especially

evidence collection of civil action in court and

writing of charging documents.

Therefore, practical teaching mode can help

students study actively. Moreover, according to legal

professional knowledge and related quality

requirement, adjustment on civil procedure law

teaching helps students better master their practical

ability such as response, rebuttal, quote and

question.

3.2 Combination of Practical Teaching

Mode and the Nature of Civil

Procedure Law Course

Firstly, practical teaching mode itself meets the

basic cognizing rules of learning civil procedure

law. Civil procedure law aims to protect related

rights and obligations of civil subjects. This law

consists of different practice progress including

prosecution, acceptance, trial, adjudication and

execution, which are relatively independent and

associated. Thus students should master the

characteristics and operational mode of different

legal process which contains three levels. The first

one is students’ re-creation of knowledge, which

means the re-creative ability of applying the

theoretical knowledge of civil procedure law into

practice. The second is the progress students explore

and finally gain theoretical knowledge of civil

procedure law. The third is that students use the

knowledge of civil procedure law in different level.

Students can have a multi-layered mastery of

theoretical civil procedure law knowledge through

practical teaching mode, while teachers can help

improve students’ application of civil procedure law

in a multiple way according to the progress.

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Secondly, students can apply their knowledge

better through practical teaching mode. Civil

procedure law ensures the realization of different

substantial laws’ implementation. Therefore, in

practical teaching mode, more substantial contents

are required instead of purely centering on procedure

law such as civil procedure law. In this way,

students can combine their theoretical knowledge

with experience through practice, which improves

their practical ability and shows the value of civil

procedure law in the reality.

4 APPLICATION OF PRACTICAL

TEACHING MODE IN CIVIL

PROCEDURE LAW COURSE

4.1 Setting of Relevant Learning Tasks

During the teaching of civil procedure law, relevant

cases are required if teachers use practical teaching

mode. Students are able to re-cognize and apply the

knowledge of civil procedure law through leaning

task which is the start of study. There are some

noticeable problems while setting learning tasks.

Firstly, relevant learning tasks should be planed

and combined with specific theory of civil procedure

law course. Teachers should control the range of

knowledge within students’ mastery while designing

learning tasks, making students equipped with basic

professional knowledge.

Secondly, authentic cases are preferred in setting

learning tasks. Moreover, it’s more specific for

learning tasks to have different connective

knowledge sections of civil procedure law. Learning

tasks are supposed to be open for students to think

and explore from different perspectives. Besides,

leaning tasks should be realized in an authentic and

complex environment, setting theoretical knowledge

of civil procedure law in specific environment. Thus

the effectiveness of relevant legal knowledge can be

shown more intuitional and real.

Thirdly, the general resolution progress of civil

procedure law should be presented with leaning

tasks in the meantime, helping students understand

the progress of civil action. Thus students can

further evaluate the effectiveness of strategy and

action with their legal logical thinking, eventually

judging and predicting in real environment.

Lastly, teaching goal and progress combined

with students’ current mastery of skills and

knowledge should be considered in choosing

learning tasks. Thus students can digest and

comprehensively apply their knowledge in practice

of civil procedure law.

4.2 Thoughts on Implementation of

Leaning Tasks

Certain pattern and progress should be formed in

implementing learning tasks to help students finish

tasks in a stable progress and develop their

knowledge of civil procedure law in tasks. There are

some noticeable problems in this part.

Firstly, teachers of civil procedure law should

seize the opportunity of proposing learning tasks. To

help students learn tasks better, teachers should give

them abundant time to prepare. Generally teachers

are supposed seize the opportunity to announce next

leaning task at the end of the last, making students

collect relevant materials according to their

knowledge and task content. To prevent students

from forgetting former knowledge, teachers should

help students accumulate theoretical knowledge

according to the memory law, making students learn

by analogy in new cases.

Secondly, issues on students’ preview and

discussion should be noticed. Teachers ought to

fully consider the matching in grouping. According

to the content of learning task, teachers should adjust

the ratio of sex and leaning ability in grouping,

making the implementation of tasks more practical.

Thirdly, teachers should help students combine

language rule and logic thinking model of civil

procedure law within the presentation of learning

tasks. Meanwhile, teachers ought to control the

atmosphere of the class, making the class more

efficient and ordered.

Lastly, teachers can let students reflect on

relevant questions in discussion and conclusion. In

particular, teachers can raise doubts or opinions for

students to discuss. In the end, teachers make a

conclusion of relevant class performance, making

students form conclusion and analysis thought.

5 CONCLUSIONS

Civil procedure law is a compulsory course of legal

profession as well as an adjective law. Teachers are

supposed to lead students to inspire their thoughts in

learning civil procedure law. In particular, teachers

should make students subject of study through

practical teaching mode, achieving better teaching

efficiency.

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REFERENCES

Wang Binglu. Cultivation of Legal Professional Skills.

Chinese Vocational and Technical Education, 2002,

(14):36.

Wang Xinya. On the Reform of Civil Procedure Law

Teaching. Journal of Kunming University of Science

and Technology (Social Sciences), 2008, (12)97-100.

Practical Teaching Mode in Education of Civil Procedure Law

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Practical Teaching Mode in Education of Civil Procedure Law

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