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生活中每天都有各种纠纷产生,其中更多的纠纷我们可以依据现有法律规定协调当事人之间的权利义务关系,可也有一些纠纷是现行法律法规中没有规定的,当事人之间的权利义务关系就不能确定。但为了维护社会生活的有序和稳定,“法官选法”这个在英美法系通行且为大陆法系国家逐步接受的制度,能否在我国得以借鉴,这个问题的确值得探讨。
Every day there are various disputes in life, of which more disputes we can coordinate the rights and obligations between the parties under the existing laws and regulations, there may be some disputes are not provided for in existing laws and regulations, the rights and obligations between the parties Relationship can not be determined. However, in order to safeguard the order and stability of social life, whether “the system of selecting judges”, a system that is adopted in Anglo-American legal systems and gradually accepted by civil law countries, can be borrowed in our country can really be explored.