对我国法律方法论研究的宏观反思——背景、问题及展望

A Survey on Chinese Study of Legal Methodology

近年来,我国法学研究与法律运行实践均对法律方法论有着越来越强烈的需要。法学、解释学、逻辑学等领域的相关知识在中国得以译介与传播,为中国法律方法论研究提供了必备的条件。法律方法论研究在我国近些年来取得了一定成就,但同时也存在诸如理论与实践相脱节等系列难题。只有克服这些理论与实践难题,我国法律方法论才会有更大的发展空间与前景。

As an important topic in jurisprudential study, legal methodology is more and more needed by legal practices recently. The study of legal methodology is possible on condition that relating knowledge is translated and spread in domestic academic circle of legal science, hermeneutics, and logic. Some progress has been made in Chinese study of legal methodology, while some difficulties still exist, such as the separation between theory and practice. Chinese study of legal methodology will make more progress in the future on the basis of dealing with such difficulties in theory and practice.