作为分析的样本,“高楼抛物规则”的产生源于法官审案以解决纠纷为导向。这种导向,使得法官在案件中提出的裁判观点如未经系统的考量就上升为立法规则,可能既难以解决纠纷,也难以对人们的行为给予引导和规制。司法裁判中蕴含的抽象规则不能当然进入立法,在通向立法之前,无论是立法机关还是最高司法机关都要审慎对规则的系统性后果进行科学考量。也因此,法律适用的不统一,未必需要一统于立法。 As a sample of the analysis, the “rules of parabolic tower” originated from the judge’s case-based resolution of dispute-oriented. This orientation leads to the judgment opinion raised by the judge in the case that if it were not systematically considered, it would rise to a legislative rule, which may not only be difficult to resolve disputes, but also difficult to guide and regulate people’s behavior. Abstract rules contained in judicial decisions can not, of course, enter the legislation. Before leading to legislation, both the legislature and the highest judicial organs should make judgmental scrutiny on the systematic consequences of the rules. Therefore, the application of the law is not uniform, may not need to unify the legislation.