| 法学研究方法论 . 法学研究方法论：法律专业硕士生新课程体系建构与实践（十五）.黄宣. 《法学研究方法论》是自2016-2017学年第一学期起为西南政法大学民事诉讼法学专业硕士研究生新开设的一门学位课程必修课，该课程以培养卓越法律专业硕士人才为目的，以探究法学研究方法基本原理与实践应用规律为专题教学内容，重点在于训练与提升在网络时代下攻读西南政法大学民事诉讼法学硕士学位研究生同学的法学问题意识、法学研究意识和法学研究思维，开展专题法学文献检索与阅读、法学论题选题论证方法、法学专题文献综述、法学课题研究计划、法学研究方法种类与选择、法学研究成果形成过程等法学研究方法论课程内容逻辑与经验不同层次的教与学互动交流，务实帮助我校民事诉讼法学硕士研究生知晓包括法律专业硕士学位论文在内的不同层次法学科研研究作品合格的质量评审指标要求，应用法学研究方法进行主动积极高效的科研创新实践活动，完成好卓越法律专业硕士人才培养目标下的合格法学硕士学位论文写作任务。—— 写于2016年9月法学研究方法论课程第一次课堂教学前。 Preface Researchon the Training Methods for Excellent Professional Talent of Master ofLaws is a research work based onmy teaching experiences for Master of Laws and instruction experience in the practicesof Master of Civil Procedure Law and in the course of completing theNational Excellent legal talents Education & Training Program.IIn this book, I unfold discussionin terms of four main topics: the general theory, specific methods, dissertation writing andexperience of academic law and law career of the teaching methods for Master ofLaws:In the general theory of themethods of training in master of laws, I discuss the following topics, The Ideaof Humanistic Education for All-Around Development in the Practical Teaching ofCivil Procedure Law Courses for Master of Laws, The Improvementof Training Methods for Master of Laws, Methods To Train OutstandingTalents of Law And Practical Teaching Methods of Civil Procedure Law Courses forMaster of Laws, Multimedia Methods of Civil Procedure Law Courses for Master ofLaws, Skill Training of Judicial Vocational Practice in Civil Procedure LawCase Studies for Master of Laws, The Studies and Communications of Master ofLaws at School, Study and Research Methods of Professional Literature for Masterof Laws, and The Value and Methods of Case Studies on Civil Procedure Law. As to the specific methods oftraining masters of law, I summarize and discuss the following topics: ResearchProgram and Study Summaries of Master of Civil Procedure Law, TeachingDemonstrations of Courses for Master of Law, Analysis on the Absence of Masterof Laws at School, Practical Teaching for Master of Laws at School MonthlyTeaching and Research Communication between Master of Laws, Professional EssayWriting for Master of Laws, Writing of Reading Notes and Book Reviews for Master ofLaws, Academic Lectures and Communications of Master of Laws and Discussion onthe Amendment of Civil Procedural Law in PRC for Master of Laws.As to writing master's thesis, fromthe view of master's thesis on civil procedure law ,I elaborate the followingpoints that should be noticed in every se of thesis writing: Requests of LLMThesis Composition for the Training of Excellent Talents of Law,Communication on the Format and Writing Skills of the Composition of LLMThesis, Topic Selection and Demonstration for Master of Civil Procedure LawThesis, The First Draft, Revised Draft, and Final Draft of the Composition ofMaster of Civil Procedure Law Thesis, Experience of Thesis Defense of Master ofCivil Procedure Law Thesis.In terms of communication withpostgraduates majoring in law, I summarize experiences in academic law and lawcareer during his/her interactions with students in the academic course withfollowing topics: To the Master of Laws Entering and Leaving theUniversity,Study Experience for New Postgraduates of Civil Procedural Law,Practical Experience in Academic and Professional Law for Postgraduates ofCivil Procedural Law and Memories of the Teaching and Life of Master of Laws. IINowadays in China, Master DegreeCandidates are divided into Master of Laws and Juris Master. In terms oftraining objectives, masters of law are talents focusing on theoretical andacademic law; fresh graduates majoring in law are the main source of masters oflaw. Juris Master is a master's degree in law introduced from western countrieslike US and UK that enroll non-law undergraduates to study law. It is aneffective measure to integrate professional law education in China with that ofthe whole world. Juris Masters, with a non-law academic background, obtain anapplication-oriented professional degree in specific legal background, so thatpostgraduates will form a broader knowledge structure (double degree) whentaking law as their career after graduating. Currently, Juris Master is divided into non-law JurisMaster (three-year), Law Juris Master (two-year), in-service Juris Master, anddirectly educated Juris Master by judicial and enforcement agencies. With thedevelopment of postgraduate education, the law school running-scale in China isenlarged from the 5 institutes of political science and law belonging toJustice Department to more than 600 universities equipped with law schools,departments, recruiting students with bachelor's degree or above in the collegeenrollment process.Today, China law postgraduateeducation features various kinds and large scale, which is indeed one of theachievements we made in the development process of our academic law education.However, as the scale of law talents training is large in the process ofexpanding college enrollment, the number of law graduates of different academiclevels is great. Confronting the difficult employment background, employmentpressure of law postgraduates grows increasingly obvious in recent SeniorYears. My major tasks engaged in Research on the Training Methodsfor Master of Laws is: how to meet the demand of quality-oriented educationimplementation and excellent talents of law training in a scientific andpractical way during the training process for postgraduates majoring in law,and how to improve law graduates' employability and competitiveness. IIIThis book, together with theplanned Research on the Teaching Methodsfor Excellent Professional Undergraduates of Law, consists of the author's achievements of monographicstudy books in the field of law education.I gained my bachelor's degree inlaw in July 1987 from Southwest College of Political Science and Law and becamea teacher in the college.I worked on the teaching of judicial document coursestill April 1994; From September 1991 to May 1994, I gained master's degree inCivil Procedural Law at the graduate school of Southwest College of PoliticalScience and Law and became a teacher in the procedural law teaching andresearch division of the department of law. In 1995, Southwest College ofPolitical Science and Law was renamed Southwest University of Political Scienceand Law, and the former Law Department was reformed. Then the procedural lawteaching and research division where I was serving in was incorporated into LawDepartment III. Then “Law Department III” was changed into “School of Law”; meanwhile, the procedural law teaching and researchdivision was divided into “Criminal procedural law teaching and research division” and “Civil procedural law teaching and research division”. Having experienced theseaforementioned changes, from 1994 to 2013, I have worked on the teaching andresearch on civil procedure law courses, course of notarization, lawyer andarbitration system, case studies of complicated civil procedures, and teachingand research works of foreign civil procedure law courses for 20 years.Together with 7 years of teaching on judicial document courses, I have beenworking teaching law for 27 years. Since 1997, I have been teaching civilprocedural law (compulsory course), The Lawyers and the notarization system(optional course); since 2002, I have worked on supervision and teaching ofschool works and thesis of Juris Master, Juris Master (Law Major).By writing down the previousparagraph, I try to give a brief introduction to the content of Research on the Training Methodsfor Master of Laws: the contents of the themes that the readers are going to readare a compilation of 12 years' work sketches and works of related monographicstudies. Those sketches and works contain my teaching of courses of masters oflaw and guidance and training of postgraduates as a supervisor for 17 years. Itis a summary of my experience of training and teaching master of laws, in whichhe has implemented the goal of education for all-round development and trainingextraordinary law talents through higher education in our country and met themechanism needs. If my opinions, arguments, and practical experience in Research on the Training Methodsfor Excellent Profesional Talent of Master of Laws are helpful to master of laws and those who want to becomemasters of law, if they can improve the training system of masters of law inour country, they will be my best wishes to for completing this topic. IVIn this book, I combine somerelevant themes of the research on the training methods for master of laws,abstracts and compiled reading notes, messages, study plans, study summariesand study experience reports, etc. in the teaching and research activitiescomposed by postgraduates under the guidance of the author. It is an attempt toimplement the research methods combining teaching theory with teaching practiceto show the experience of interactive communication between teachers andstudents in the training of master of laws in our country. Here, I give sincerethanks to postgraduates of civil procedure law and Juris Masters in SouthwestUniversity of Political Science and Law, both graduates and those still inschool, who offered their experience in the practice of their schoolwork to thecomposition of the book.As the book mainly uses thesketches to prove the topic of “Training Methods for Excellent Professional Talent ofMasters of Law, the contents of the book are completed during the instructionof students' study tasks in different ses and through their problem-solving;compared to other books on teaching and research of law based on pure theories,this book has some limitations in terms of the referred experience and is notprofound enough regarding the theories on the topic. So criticisms arewelcomed. HUANG XUANOn Sept.28, 2014 in Chongqing |
