在比较法上,对法律行为理论及其制度的价值存在争议。本文从法学方法的角度,讨论何以在当时的德国会出现法律行为这一概念。文章认为,法律行为的概念与浪漫主义和精神科学对“理解”和“意义”的探求有关,而浪漫主义在法学领域推进的结果是历史法学派。最终创造法律行为的是理性法学派的体系化法学方法。在当时的德国,产生法律行为这一概念有某种必然性,这一根源在法学上,体现为罗马法学派与日耳曼学派的对立,但是更深刻的根源在于当时的政治、社会背景。 In the comparative law, there is controversy over the value of legal theory and its system. From the perspective of legal method, this article discusses why the concept of legal act appears in Germany at that time. The article argues that the concept of legal acts is related to the exploration of “understanding ” and “meaning ” by romanticism and psychoscience, and the result of romanticism being promoted in the field of jurisprudence is the school of historical law. The ultimate creation of legal acts is the systematic jurisprudence of the school of rational law. At the time in Germany, there was a certain inevitability of the concept of legal action. This principle, in jurisprudence, manifested itself as a contradiction between the Roman law school and the Germanic school, but a deeper root cause was the current political and social background.