Reflections on the Functional Positioning of the Claims Analysis Method in the Teaching of Civil Law

Abstract

Traditional civil law teaching mostly adopts theoretical lectures, and the lecture method with the goal of knowledge transfer has become the mainstream method of teaching civil law courses. Although the academic community once criticized this theoretical, abstract teaching method, its mainstream status has not been shaken. On the one hand, it is because the lecture method I,s an effective way for teachers to impart systematic knowledge and students to receive indirect knowledge; on the other hand, it is because China is a traditional statutory country, and although the civil law is an imported product, it is still formulated in a codified and cultural way. With the promulgation of the Civil Code, the teaching method of claim basis as the analysis method was gradually introduced to China by researchers studying in Germany and has become a more popular teaching method in the teaching of civil law. As an important successor of German civil jurisprudence, whether the claim-based analysis method, which is more in line with the legislative structure of the Civil Code, should be promoted as a necessary teaching method has become a more important topic. In the German legal education system, the analytical method of claim basis covers almost all stages from theory to practice and has a very important supporting role for German jurisprudence. However, it is undeniable that the claim basis analysis method itself has limitations. On the one hand, it provides an omniscient judge's perspective, which does not belong to the norm of real judicial practice; in addition, from the inherited situation of other countries in the civil law system, the complete adoption of the claim basis analysis method will raise the cost of the whole legal education. From the viewpoint of the actual requirements of legal education in China, the claim basis analysis method can only be used as one of the means of legal teaching and requires the relevant curriculum system to cooperate to complete the reasonable positioning of the claim basis analysis method.