A Study On The Response System Of Hard Case

Hard case theory is one of the core issues in the study of contemporary western legal philosophy since, hard case theory not only relate to the legal what it always refers to the legal nature of the problem and relate to the methodology of law. In our country in recent years hard case intensive appear makes hard case study become an urgent demand of reality.This article, from the study of the theory of the hard case, deal with the status quo and existing problems of difficult cases in China and hard cases deal with the three perspective, analyzes the theoretical achievements of hard cases, this paper mainly analyzes the countries in these results the emphasis of the hard case theory, namely the legal method of handling difficult case. In the analysis of the status quo of hard cases, this article shows in recent years, some people are drawn to hard case. In respect of coping strategies, the paper distinguishes between the system construction and theoretical research part. Especially in the system construction part, we adhere to the four principles: one, should be inherited, and even expand the reasonable composition of the existing system; Second, to be able to solve problems; Three, less consumption of judicial resources; Fourth, to step forward.