法教义学方法与民法教学融合探析

An Exploration of the Integration of the Methodology of Legal Doctrine and the Teaching of Civil Law

摘要: 法教义学方法对提高民法教学质量意义重大，但长久以来民法教学注重简单的知识传授，忽视了对学生理论素养和解决疑难案例能力的培养，将法教义学方法融合于民法教学存在困难。对此，我国民法教学亟需树立将教义学融合于民法教学的意识，并要求教师提高理论素养，增强法教义学功底，在日常教学中紧密结合《民法典》规定，深入剖析民法概念、让学生掌握法条内容、理解法律体系，用司法实践案例调动学生学习的积极性和主动性。不仅如此，考虑到教材是学生学习民法的启蒙资料，但我国目前大多数的民法教材只注重概念知识的讲解，而忽视了援引法条及讲解法律规范体系，应当在民法教科书中融合法教义学内容，提高民法教材质量。

Abstract: The method of legal doctrine is of great significance in improving the quality of civil law teaching, but for a long time, civil law teaching has emphasized the simple transmission of knowledge, neglecting the cultivation of students’ theoretical literacy and their ability to solve difficult cases, and there are difficulties in integrating the method of legal doctrine into civil law teaching. In this regard, China’s civil law teaching urgently needs to establish awareness of the integration of doctrine in civil law teaching, and require teachers to improve theoretical literacy, and enhance the law doctrine, in the daily teaching of close integration with the provisions of the Civil Code, in-depth analysis of the concepts of civil law, so that students can master the content of the law, understanding of the legal system, and judicial practice to mobilize students to learn the enthusiasm and initiative. In addition, considering that textbooks are the starting materials for students to learn civil law, most of China’s current civil law textbooks focus only on the explanation of conceptual knowledge, neglecting to cite legal articles and explain the legal normative system. The quality of civil law textbooks should be improved by integrating the content of jurisprudence into civil law textbooks.