Civil Law Case Studies

Author: Xiao Wei / Fu Yuanping (Editor-in-Chief)
Publisher:
Publish Date: July 1, 2004
Features: The legal teaching in civil law countries adopts the deductive method, where teachers typically start from legal concepts to explain legal principles. In contrast, the legal teaching in common law countries employs the inductive method, with teachers deriving legal principles from specific cases. Both approaches to legal education have their own strengths and weaknesses. China follows the legal education tradition of the civil law system, where teachers conduct lectures based on the fundamental principles of legal systems in the classroom. Case studies or examples are arranged according to the needs of illustrating principles. This teaching method is undoubtedly necessary for students, especially those new to law, as it enables them to systematically grasp legal principles rather than in fragmented ways. Only by systematically mastering legal principles can students accurately understand the rationale behind legal provisions and apply the law effectively in practice. However, this teaching method also has shortcomings in cultivating law students, as purely theoretical instruction may leave students with a superficial understanding of legal knowledge and a lack of practical problem-solving skills. In recent years, with the deepening reform of legal education in China, teaching methods such as case-based learning and clinical legal education from the United States and the United Kingdom, which help develop students' practical skills, have gained increasing attention and are being introduced into various aspects of legal teaching in China. The School of Law at Xiamen University has always emphasized the integration of legal theory and judicial practice, requiring students to study both "law in books" and "law in action." In recent years' undergraduate teaching reforms, we have placed great importance on introducing and practicing case-based learning. In addition to increasing the proportion of case studies in classroom teaching or offering separate case analysis courses, we have particularly focused on collaboration with judicial departments to fully utilize local judicial resources, organizing judicial internships and research to cultivate students' practical skills. In 2003, we partnered with the Xiamen Intermediate People's Court to hire judges with extensive judicial experience and master's degrees as part-time teachers, who independently taught civil case analysis and criminal case analysis courses. The judges used cases they had personally adjudicated as teaching materials, integrating substantive law and procedural law. They not only explained the legal principles and norms involved in the cases but also taught legal application methods and the art of handling complex issues, allowing students to experience the judicial process as if they were directly involved. This initiative has yielded excellent teaching results. It not only benefits the cultivation of practical skills for law students in universities but also promotes the alignment of legal education with judicial examinations. Moreover, it holds positive significance for cultivating expert judges. Guided by the philosophy of collaborative education and making full use of judicial resources to serve legal education and train high-quality, comprehensive law students, the School of Law at Xiamen University has once again partnered with the Xiamen Intermediate People's Court and collaborated with the Civil Trial Second Tribunal of the Fujian Provincial High People's Court, the Xiamen Maritime Court, the Quanzhou Intermediate People's Court, and the Ningde Intermediate People's Court to compile this series of "New Judicial Case Commentaries." It aims to provide law students with a case textbook that combines theory with practice and reflects the latest judicial dynamics. The cases in this series are carefully selected from tens of thousands of cases adjudicated by these courts in recent years, making them not only fresh in content but also representative, fully reflecting the latest developments in legal relationships and judicial practice in China's evolving society. Following the basic approach of combining principle explanation with problem-solving, we have asked the authors to not only elaborate on the fundamental legal principles relevant to each case but also conduct in-depth theoretical analysis of the difficulties and ambiguities involved. Therefore, this series is not only helpful for law students in learning the law but also beneficial for general readers in understanding legal knowledge and the methods courts employ to address certain legal issues. Leaders and judges from the Fujian Provincial High People's Court, the Xiamen Intermediate People's Court, the Xiamen Maritime Court, the Quanzhou Intermediate People's Court, and the Ningde Intermediate People's Court have enthusiastically supported the compilation of this series, and leaders from Xiamen University Press have provided full assistance in its publication. On behalf of the editorial committee, I extend my heartfelt gratitude to them. Without their support and assistance, we could not have successfully completed this work.