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法教义学受自德国,现代法教义学以对现行实在法秩序的信奉为前提,进行体系化与解释工作,并允许法体系内的批判与价值判断,在坚持依法裁判的同时实现个案正义。虽然有待完善和发展,但目前来说遵循法教义学的思路仍应是司法实践的首选,因为现代法教义学能够始终坚持依法裁判的立场,并且能在最大程度上保证裁判的稳定性和正当性。
According to the doctrine of law and morality in Germany and modern law, systematic and interpretations are based on the belief in the present substantive law and order and allow the critique and value judgments within the legal system, while at the same time insisting on judging cases according to law. Although it needs to be perfected and developed, the idea of legal doctrine should still be the first choice of judicial practice so far, because modern legal doctrine can always adhere to the position of legally judging and can ensure the stability and legitimacy of the referendum to the greatest extent Sex.