The Study of Legal Doctrine by Scholars in the Period of the Republic of China
As an important part of the human ideological system,the importance of legal doctrine to the development and per-fection of law is self-evident.However,it has been ignored by practice.In the period of the Republic of China,modern legal re-search was initiated.Scholars had different understandings of the connotation of legal doctrine based on different dimensions such as subject,content and form.From the narrow sense of legal source-whether it has direct legal effect,scholars do not recognize the legal source status of the theory;However,from the perspective of legal sources in a broad sense-the materials constituting the law,scholars generally agree that the doctrine is an indirect legal source.In fact,the former has been included in the semantics of the latter.Scholars have created the possibility for the judicial application of the legal doctrine by taking it as a part of case law,customary law and jurisprudence and indirectly giving it legal effect.In view of this,in practice and theory,we can gradually point out the direction for the legalization and standardization of judicial application of legal doctrine by strengthening the application of guiding cases to legal doctrine and affirming the legal source status of legal theories and legal doctrine.
Legal DoctrineLegal SourceTheory of LawLegal EffectGuiding Cases
万方数据
维普
