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Common Law and Its Development by Professor Pan Weida
—— The 7th Overseas Legal Forum

 

By Translator Hu Ran, November 28th, 2017

 

In November 17, 2017, the seventh overseas legal forum was held at conference room 116 in the law school building successfully. Professor Pan Weida from Soochow University gave a wonderful lecture entitled “Common Law and Its Development” which focused on the teaching of common law from the comparative perspective between common law system and civil law system. It was moderated by Professor Zhou Jiepu, Secretary of the Party Committee of law school from Shanghai University of Finance and Economics. Academic Exchange Chief of International and Cross-Strait Academic Exchange Office from Soochow University Hu Kaijie, Director of International and Cross-Strait Academic Exchange Office from Soochow University Wang Yumei, law school Professor Ezra Mitchell, Mark Poustie,  Associate Professor He Jiaxin, Lecturer Wang Jinling, Pan Xiao, Dai Yue, Su pan, Zhang Tu, Cai Yuanzhen,Foreign Affairs Secretary Huang Qian, part of undergraduates and graduate students participated in the forum.

 

 

Professor Pan Weida introduced the experience of Soochow University from different students, differences between the two major legal systems and the comparison of teaching methods. First of all, students are mainly from China, teachers should pay attention to the way and method of common law teaching, if teachers copy common law teaching ways completely, these will discount the effect and quality of teaching. Next, it is important to let the students know the fundamental gap between two kinds of laws through studying: including the form of the gap, for example, common law has the jury trial system while the civil law don’t and the procedure of the two is also different, what’s more, students should understand the gap between the two legal systems in the system and logical thinking. The common law, as a case law system, is quite different from civil law which is a system of written law in the form and content of law, the common law begins from cases while civil system focuses on teaching system, these two have the obvious difference like "from the trees to the forest" and "from the forest to the trees". At the same time, the differences in architecture will lead to different thinking ways of solving problem. In practice, the civil law system is not as good as the common law beginning from cases. When there is conflict between case justice and integrity of the whole procedure, the civil law system tends to choose the integrity of the whole procedure at the expense of case justice, while the common law system always pays attention to the justice of the case because there is no complete framework system. The differences between the two systems and differences in legal philosophy is essential for students to understand when studying common Law. However, the strong system of the civil law system is also a unique advantage, and the students can’t neglect national law, making two kinds of legal system thought together is the main method of improving competitiveness. Professor Pan Weida reminded the teachers not to forget the comparative study of common law and national law, teachers should stimulate students' thinking from the perspective of Comparative methods and stimulate students to think about the possible processing patterns of national law through cases of common law. Also they can encourage students to think about how to deal in the common law through real cases in national law.

 

 

 

Professor Pan Weida's wonderful lecture aroused strong resonance and thinking of teachers and students. Wang Jinling put forward ideas and puzzles about the design of common law Curriculum: after all, the purpose of common law teaching in China is to cultivate comparative law talents rather than common law professionals. Professor Pan Weida also agreed. Considering practical purpose, over the years, Soochow University has made a certain balance between the courses of common law and the civil law in the teaching plan. Professor Mark Poustie put forward that the lack of background knowledge of common law is a big challenge in teaching, and Professor Pan Weida combined with experience of Soochow University common law teaching and recommended to strengthen the students' reading requirements after class. Professor Ezra Mitchell and Professor Pan Weida discussed about the teaching balance between the Socratic teaching model and the civil law teaching model. Dai Yue put forward her doubt about how to improve the students' ability of practical application. Pan Xiao talked about her ideas about the rationality of the curriculum arrangement. During the whole lecture, audience asked questions actively, and the atmosphere was friendly. Finally, the forum came to a successful end under the auspices of Secretary Zhou Jiepu.

 

 

Original News: (http://law.shufe.edu.cn/show.aspx?info_lb=12&flag=12&info_id=3584)

Published:2017-12-27 Hit:60
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