金融法院的领域法学理论依据

Study on the Theoretical Foundation of the Financial Court

金融法院是司法实践适应金融领域发展新需求的产物,它在审判组织、审判理念、审判方法等诸多方面突破了传统部门法学理论,并表现出综合性审判的新特征。基于此,部门法学理论已无力再为其提供应有的理论供给;而领域法学理论恰好修正了部门法学理论的缺陷与不足,应当成为金融法院实践与发展的新理论依据。领域法学理论以领域问题为导向,并以领域问题的一体化解决为中心,是一种综合性与开放性的法学方法论,可以在审判理念、功能定位、法律适用、审判组织与程序以及人才培养等方面为金融法院提供契合性的理论依据与指导。

Financial court is the result of juridical practice which is adapted to the new demand of the development of the financial field.It has broken through the traditional law theory i.e. the department of law in many sides such as trial organization,concepts of trial and judicial methods.So the department of law supplies no longer right theory basis to the financial court practice.The field of law theory has amended many defects of the department of law th eory and it can be a good theoretical basis for the financial court practice and its future development.The field of law theory holds the concepts of problem orientation and devotes itself to solve the legal problem of a field thoroughly. The theory of field of law is a law methodology of systemization,synthesis and openness.The field of law theory can guide the financial court practice on many sides like concepts of trial,function orientation,application of law,trial organization,juridical pro cedures, talent cultivation,and so on.