在成文法国家,司法过程中的发现包括首先通过以三段论为核心的形式逻辑来寻找相应的法规范,没有适合的法规范就用习惯,原则,法理,判例来填补;司法过程中的创造则是法官遇到社会现实中的新问题时,上述法的发现方法显得力不从心时,权衡双方的利益关系,进行法的创造。 In the civil law countries, the discovery of the judicial process includes first finding the corresponding norms through the formal logic with the syllogism as the core, and filling in with the habit, principle, jurisprudence and precedent without suitable laws and regulations; the creation in the judicial process is When a judge encounters new problems in social reality, the method of discovering the above-mentioned law appears to be inadequate to weigh the relations of interest between the two parties and to create the law.