From October 23rd to 24th, 2021, the Wuhan University Law School and The Yue Dan Taiwan Law Review hosted the Wuhan University Appraisal Case Teaching Seminar, which was co-organized by the Yue Dan Lawdata, Peking University Press, and the Yenching Legal Studies. As an important part of Wuhan University's "Teaching and Learning Revolution" Luojia Law Forum, this seminar invited students from Peking University, Tsinghua University, GIZ Sino-German Law Program, Institute of Law of Chinese Academy of Social Sciences, Renmin University of China, Fudan University, Zhejiang University, China University of Political Science and Law, Nanjing University, Nankai University, Jilin University, Zhongnan University of Finance and Economics, Beihang University, Southwest University of Political Science and Law, East China University of Political Science and Law, Shanghai University of Finance and Economics, Hunan University, Northwest University of Political Science and Law, Soochow University, University of Chinese Academy of Social Sciences, South China University of Technology, Dalian Maritime University, University of International Relations, Wuhan University, the First Circuit Court of the Supreme People's Court, Shanghai High People's Court, Yingke Law Firm, etc. More than one hundred guests from institutions and colleges participated in this seminar online or offline to discuss the important issues of identification-based case teaching in China.
Opening Address
At 8:00 a.m. on October 23, the conference officially started with Prof. Wu Yiwen, Vice Dean of Wuhan University School of Law, as the host. Prof. Feng Guo, Dean of Wuhan University School of Law, and Ms. Wu Dan, Vice Dean of Wuhan University Undergraduate School, delivered opening speeches.
Prof. Feng Guo firstly expressed his warm welcome and sincere thanks to all the experts attending the conference, and emphasized the necessity and importance of appraisal case analysis and teaching to improve the legal literacy and legal education level. Dean Feng Guo pointed out that this seminar on appraisal-based case study teaching is of exemplary significance in gathering the consensus of China's legal education community and improving the application of appraisal-based case study techniques, and Wuhan University School of Law is willing to make contributions to the reform and development of China's higher legal education together with colleagues in the legal community.
Prof. Wu Dan, Vice Dean of Wuhan University Undergraduate School, congratulated the convening of this seminar and affirmed the importance of this conference to the national legal education work. Prof. Wu Dan introduced the achievements of undergraduate teaching reform since Wuhan University held the "Revolution of Teaching and Learning" forum, and expressed her affirmation of the reform measures of the Law School in improving curriculum quality, training faculty, building new liberal arts experimental classes and intelligent legal teaching. She expressed his expectation for legal educators to work together to improve the level of accreditation-based teaching and promote the deepening development of legal education.
Unit 1 Rechtsvergleichung and Public Law
The agenda was chaired by Prof. Li Hao from the Law School of Beihang University and Prof. Song Hualin, Vice Dean of the Law School of Nankai University. Prof. Marco Haase, Director of GIZ Sino-German Law Program, introduced the fundamental position of the appraisal case teaching in German legal education and the practical achievements of GIZ in China in his presentation titled "The Development of German Appraisal Case Analysis in China". Prof. Zhao Hong from the School of Law of China University of Political Science and Law introduced the basic framework of German administrative law appraisal case analysis and China's illegality review model, compared the differences in the application of the illegality review model and the claim review model, discussed in depth the type of administrative litigation in China and its analysis framework, and pointed out that the appraisal case teaching can provide a stable and definite legal cognitive system.
Unit 2 Criminal Law and Criminal Procedure
This unit was chaired by Prof. He Ronggong, vice dean of Wuhan University School of Law, and associate Prof. Jiang Su, Peking University School of Law. Prof. Che Hao, vice dean of Peking University Law School, pointed out that the first issue of scientific teaching methods is to clarify the tasks and teaching objectives of the course, and to cultivate students' ability to analyze systematically, to reason polemically, and to identify problems and form arguments, and introduced the three-stage case teaching method of appraisal case study, argumentative case study, and practical case study with personal teaching experience. Associate Prof. Cheng Jie from the School of Law of the Chinese Academy of Social Sciences introduced the framework and steps of the appraisal case study, including the methods and ideas of the law test, establishing the connection between norms and facts in the title, defining the legal elements, testing the facts of the case whether they can be summarized into the constituent elements, and finally form the conclusion. In the discussion session, Prof. Chen Xuan of Renmin University of China Law School believed that the teaching of appraisal cases can help cultivate the ability to search for problems, debate and reason. The important task of current legal education is to promote the refinement and localization of appraisal case teaching, especially to refine and sort out the views of typical cases. Associate Prof. Xu Lingbo of Nanjing University Law School pointed out that the appraisal case analysis method provides the basic method of case dismantling, but in the actual teaching process, it may encounter the lack of legal regulations and other practical problems, and it is necessary to grasp the relationship between the teaching of appraisal cases and legal research. After the talk, the moderator, associate Prof. Jiang Su, said that the prerequisite for scientific legal analysis is a good knowledge of legal doctrine, and the current situation of the application of appraisal case teaching in China's legal education is quite different from that of Germany, and it is necessary to find the differences between the two.
Unit 3 Civil Law and Civil Litigation
This unit was moderated by Prof. Cao Xianfeng, vice dean of Jilin University School of Law, and Prof. Huang Jiazhen, School of Civil and Commercial Law, Southwest University of Political Science and Law. Assistant Prof. He Jian from Peking University School of Law introduced the teaching objectives, content and module design of the Civil Law Case Study Course of Peking University School of Law. Associate Prof. Ren Zhong from Tsinghua University Law School pointed out that the position and function of the basis of claim in civil trial procedure should be clarified, and the transformation relationship between claim and the subject matter of civil litigation should be sought. In the discussion session, Prof. Zhu Xiaozhe from Shanghai University of Finance and Economics Law School believes that the teaching of appraisal cases cannot replace the basic law courses and practical case training, it cannot solve the important problem of fact induction, but can serve as an important basic ability training. Associate Prof. Li Chengliang from Wuhan University Law School pointed out that the appraisal-based case analysis method is conducive to shaping the discourse system of the legal professional community, but attention should also be paid to its reasonable positioning in Chinese legal education. Associate Prof. Miao Yu from the School of Civil and Commercial Economics of China University of Political Science and Law elaborated on several possible effects of the process of citing the law articles underlying the right to claim on the distribution of the burden of proof and the logic of legal application, and the inter-system connection.
Thematic Presentation - Identification Case Teaching
Unit 1 Civil and Commercial Law
This session was divided into two units, the first unit was "Civil and Commercial Law", chaired by Prof. Li Guoqiang from Dalian Maritime University School of Law and associate Prof. Bai Xiaofeng from Northwestern University of Political Science and Law, vice dean of the School of Civil and Commercial Law. Associate Prof. Yao Mingbin of East China University of Political Science and Law analyzed three cases including "supermarket stealing code case" with the method of appraisal case analysis, and pointed out that in the process of appraisal case teaching, in addition to the case of direct application of the basis of the claim, analogous application and cases can also be set to improve the teaching effect. Yan Cheng from Zhejiang University of Finance and Economics Law School discussed the applicability of different claim bases in the case, and pointed out that the incorrect claim bases directly affected the fairness of the decision. In the report titled "Identification of the Subject Matter of Litigation and Judgment of the Interest of Litigation", Associate Prof. Yuan Zhonghua from the Law School of Zhongnan University of Economics and Law focused on the steps of judging the protection of rights and interests in civil litigation law and the benchmark of determining the subject matter of litigation. Gao Fengmei from the School of Civil and Commercial Law of Northwestern University of Political Science and Law introduced the curriculum design and teaching organization of family law identification case teaching, and explained the specific application of the claim basis method in matrimonial family law with a divorce case as an example. Ding Wanjing from China University of Labor Relations demonstrated the special features of the identification-based case teaching method in labor contract law with a German labor contract dispute case, and introduced the design and teaching experience of the labor law case course. In the discussion session, associate Prof. Feng Jieyu from Nanjing University Law School suggested that the priority of application in the case of multiple claim bases should be strengthened. Associate Prof. Hu Chuanning from Southwestern University of Political Science and Law, emphasized the importance of avoiding the fallacy of major premises. Assistant Prof. Cao Zhixun of Peking University School of Law commented on the speeches of the speakers in turn, pointing out that the study of civil procedure law cases should be connected with the foundation of civil law claims. Wang Lidong from Jilin University School of Law suggested that the design of identification cases should be adjusted to the students' knowledge. Ke Yongmin from the Research and Evaluation Center of Legal Education of China University of Political Science and Law suggested that we should guarantee students' participation and pay attention to the focus of discussion, and the design of the higher-level courses should pay attention to the connection with the teaching of other departments of law.
Unit 2 Public Law
After a short break, the conference entered into the second unit, which was moderated by associate Prof. Chen Jinlin from Wuhan University Law School. Associate Prof. Yuan Guohe from Fudan University Law School introduced the application of the identification-based case study method in the criminal field, taking the "jade case" as an example. Wang Ying from Wuhan University Law School gave a lecture entitled "From the Elements of Crime to the Free Evidence: The Teaching of Appraisal Cases in Criminal Procedure Law". He presented a detailed analysis of a drug case, and presented the technique of appraisal case analysis in criminal procedure law in terms of evidentiary capacity, probative power and standard of proof. Zhang Dongyang from the School of Law of China University of Political Science and Law presented "Administrative Law Appraisal Case Analysis: Building an Aesthetic Framework Oriented to the Goal of Claims". In the discussion session, associate Prof. Xiong Qi from Wuhan University School of Law argued that the appraisal-based case analysis method is conducive to ensuring the correctness of formal logical reasoning, but the content should focus on the local applicability. Associate Prof. Li Shiyang of Zhejiang University Guanghua Law School believed that the development of appraisal-based case study teaching also needs the supporting functions of judicial practice, legal professional qualification examination and classroom organization skills. Associate Prof. Ma Yinxiang from East China University of Political Science and Law School of Criminal Law introduced the importance of the imputation method for building students' knowledge and thinking system, which can provide a better methodology for teachers and students who have not yet carried out systematic appraisal-based case teaching. Associate Prof. Zhan Penghe from Hunan University School of Law thought that the method of appraisal case analysis was more meaningful in the establishment of administrative litigation claims, but it lacked the standard of unified law interpretation, so colleagues needed to sort out and summarize together to fill the relevant gaps. Cai Ying from Wuhan University Law School pointed out the important role of the appraisal case analysis method in constructing a complete thinking system. Liu Wenke, editor of Peking University Press, said that appraisal case education is a practice-oriented education, and Peking University Press is willing to provide more high-quality legal books for colleagues in the legal field.
The practice of the identification-based case study method
Unit 1 Practical application of criminal law case studies
At 8:00 a.m. on October 24, the second day of the conference, "Practical Application of Appraisal-based Case Analysis" was officially started. The theme of the first session was "Practical application of criminal law case studies", which was chaired by Prof. Zhou Zunyou from the Law School of South-Central Minzu University. Associate Prof. Xu Ran from School of Juris Master in China University of Political Science and Law introduced the concept, necessity, training objectives and specific ways to carry out practical case study, pointing out that case study should be carried out in "reading, writing, listening and speaking". Zhao Chunyu, a partner of Yingke Law Firm, shared the practical value of the appraisal-based case teaching method and its application in criminal defense with his practice experience in a presentation titled "Exploration of appraisal-based case teaching in criminal defense". In the discussion session, associate Prof. Ye Zhusheng from South China University of Technology School of Law shared his experience of introducing the appraisal-based case study method in the teaching process of jurisprudence and suggested that refutable reasoning should be integrated into the teaching process. Associate Prof. Jing Lijia from Wuhan University School of Law affirmed the three-step case teaching method for criminal courses and pointed out the importance of local cases in teaching. Associate Prof. Zhou Zishi from Hunan University School of Law shared his understanding of appraisal case teaching from micro, meso and macro levels, and believed it can have a long-term impact among undergraduates. Dr. Huang Xiaoyan from GIZ Sino-German Law Program introduced the significant improvement of the German small class teaching model on the effectiveness of appraisal case teaching, and pointed out the obstacles to promote it in China.
Unit 2 Court Reporting Techniques
This unit was moderated by assistant Prof. Mao Shaowei, vice dean of the law school of Peking University Shenzhen Graduate School. Associate Prof. Wu Xiangxiang from the School of Civil and Commercial Economics of China University of Political Science and Law explained the structure, steps, contents and norms of the claim review in the offensive and defensive structure of civil litigation, and introduced in detail the three features of court reporting technology: procedure before substance, law before fact, and plaintiff before defendant. In the discussion session, associate Prof. Lou Aihua from Kenneth Wang School of Law of Soochow University pointed out that there are differences between Chinese courts and German courts in the review of the basis of claims, and when China's legal education reaches a certain level, it can learn from the efficient review model. Ji Hongming from the Law School of Zhongnan University of Economics and Law introduced the dual-stage teaching model of identification-based cases, including the translation analysis course and the experimental class for legal excellence, and affirmed the possibility of the application of court reporting technology in the future. Assistant Prof. Jin Yin from the Law School of Renmin University of China analyzed the relationship between the basis of claim and litigation request with a difficult case, and the different treatment of whether the case can be filed multiple times under different court in China and Germany. Li Yun Yang, a special associate researcher from the Law School of East China University of Political Science and Law, believed that the technicality and promotion of the appraisal-based case teaching can improve the efficiency of Chinese court hearing. However, it also poses higher requirements for judges and lawyers.
Unit 3 Practical Application of Civil Law Case Analysis
This unit was chaired by Prof. Wang Wensheng from Hunan University Law School. Judge Fan Yi of the Shanghai High People's Court pointed out in his presentation on the theme of "Appraisal and Modernization of Civil Trial" that there are problems of efficiency, quality and transparency in the way of civil trial in China, and advocated for the innovation of the basic concept of civil trial. Judge Huang Yong from Xiamen Jimei District People's Court made a presentation entitled "The application of trial review method in civil case teaching". He believed that the pursuit of the rational goal of trial review requires the application of appraisal case analysis method, and introduced the teaching content and organization of slice-and-dice review, as well as the core contents of the training and techniques in the whole review. Judge Feng Wensheng of the First Circuit Court of the Supreme People's Court introduced the basic concepts of litigation law and legal hermeneutics, and emphasized the important role of negotiation and dialogue, information exchange and litigation democracy in judicial trial, with the topic of "Opening a revolution in legal hermeneutics - from the law of litigation". In the discussion session, Wang Wei, head of the Civil Division of Suqian City People's Court in Jiangsu Province, explained the judicial application of court reporting techniques and the basic method of claim rights in the absence of centralized trial system, taking into account his trial experience. Associate Prof. Wang Baoshi of Hunan Normal University Law School believed that judges can play the role of fixing the basis of the parties' right to claim, and should use the teaching of appraisal cases to enhance students' retrieval and expression ability. Associate Prof. Hao Liyan of Shandong Jianzhu University School of Law believed that the teaching of appraisal cases should be used to improve students' analysis level with a rich case database. Associate Prof. Fang Siyuan from East China University of Political Science and Law said that the training of appraisal-based case analysis should be integrated with the needs of judicial practice, and the teaching goal from appraisal-based to judgment should be realized with multiple considerations. Post-doctoral fellow Liu Zhiyang from Wuhan University Law School explained the practical benefits of appraisal-based case teaching from the perspectives of students, researchers and lawyers, pointing out that appraisal-based case analysis teaching style is the result of practice pushing back.
Unit 4 Elementary Fact Theory
This unit was chaired by associate Prof. Liu Ying from the School of Law of Beihang University. In the report, Prof. Xu Ke from the School of Law of University of International Relations introduced the basic content and development history of the theory of elementary facts, pointed out that it is the elementary facts rather than the legal elements that can assign the burden of proof. In the discussion session, Ma Long, deputy director of the Law Department of Jiangxi University of Science and Technology, believed that the promotion of the claim basis approach in legal education can provide a unified standard for case analysis and effectively improve the efficiency of court trials in China. Associate Prof. Feng Ke of the Law Department of Beijing University of Chemical Technology introduced three differences between the German and Japanese appraisal-based case analysis methods regarding the factual theory of the elements, and argued that the long-term goal of appraisal-based case teaching should be achieved with comprehensive consideration of the objective conditions of our courts. Ma Qiangwei from the Law School of Shanghai University of Finance and Economics believes that the application of the appraisal case analysis method in litigation law has special characteristics and should return to the educational level to clarify the relationship between litigation claims and the basis of claims.
Unit 5 The Future of Administrative Law Case Analysis
This unit was moderated by Chen Yuefeng from East China University of Political Science and Law. Associate dean Chen Yuefeng pointed out the current situation and obstacles to the development of appraisal-based case analysis in the field of administrative law, and affirmed the good prospect of introducing it into administrative law case analysis. Associate Prof. Bi Honghai from Beihang University School of Law pointed out that there is already a foundation for case analysis in the field of administrative law using trinitarian and implicative approaches, we should focus on the cultivation of appraisal-based thinking, various teaching methods and the specific application in difficult cases. Jin Jian, an associate researcher at the Sino-German Law Institute of Nanjing University, introduced the importance of refinement of norms in German case teaching and national examinations, and advocated to learn from its experience to strengthen the application of the identification-based case analysis method in the process of teaching administrative law.
Conference Summary
At 12:30 on October 24, the seminar came to an end. Prof. Li Hao from Beihang University School of Law and Prof. Wu Yiwen, vice dean of Wuhan University School of Law, summarized the meeting.
Prof. Li Hao thanked the participants for their active participation, and also thanked Wuhan University Law School The Yue Dan Taiwan Law Review for their efforts in organizing the conference. He pointed out that the seminar showed the different views of the participants, but in the process of discussion and communication, the valuable consensus of the legal education and practice community on appraisal-based case teaching was gathered, which will provide a good basis for the promotion of appraisal-based case teaching nationwide.
Vice dean Wu Yiwen once again thanked all the guests who took the time to attend the conference and expressed his gratitude to all the conference staff for their efforts. He expressed that this seminar is a useful attempt and exploration, and Wuhan University Law School will take this opportunity to further implement the work of appraisal-based case teaching, hoping that this national appraisal-based case teaching seminar can become a long-term endeavor for the legal education community, and make more progress and breakthroughs.
This seminar is an important model initiative for the cooperation of the law school in the field of appraisal case teaching. By inviting experts from home and abroad to conduct diversified, it will play a fundamental and systematic role in building a quality culture of legal education with Chinese characteristics and world standards. We expect to gather more voices and contribute more wisdom to enhance the quality level of appraisal-based case teaching in China.
Edited by Wang Yuting & Wu Liuqing
