| As a practically oriented way of legal thinking,legal doctrine thinking advocates legal thinking activities based on the order of the current law.The main purpose is to provide appropriate solutions to many legal problems,so as to realize the stability and authoritative value of law and to establish a stable legal order.Since the domestic legal research focuses on the research of legislation and the intersection of multiple disciplines,the existence of legal doctrinal thinking in China has been extremely controversial.At present,the legal thinking in judicial adjudication has been difficult to provide theoretical and practical guidance for many problems in judicial practice.As a long-established way of thinking which based on German law,legal doctrinal thinking was introduced into China,which not only is compatible with our country’s national conditions,but also fits the legal construction.In the current judicial adjudication practice,there are the following two dilemmas: Firstly,should judicial adjudication stick to norms or results? Secondly,how to achieve legal and social effects at the same time? The use of legal doctrinal thinking in current Chinese judicial judgments helps judicial judgments to get out of difficulties,reduces the subjectivity of judges in judgments,maintains the uniformity of law application,and realizes the stability,authoritative value and predictability of law.It is also of great significance to help judges reduce the burden of referees.This article first places legal doctrine thinking in the field of judicial adjudication for research,and it expounds the relationship between legal doctrine thinking and legal thinking and legal method by defining the concept of legal doctrine thinking.Secondly,it points out the necessity of applying legal doctrine thinking in judicial adjudication and the specific application steps,and it analyzes cases to find out the problems in the practical application of Chinese legal doctrine thinking,and then tries to analyze the legal reasons behind it.Finally,based on the needs of China’s judicial practice,the development of a society under the rule of law and combined with the requirements of jurisprudence,it proposes measures to insist on the use of legal doctrine in judicial judgments in China. |
