In the judicial practice of our country,legal doctrine represents both an intellectual authority and an identity authority,mainly manifested in three types:scholar perspectives,legal theories,and practical perspectives.From a functionalist perspective,Legal doctrine refers to the theoretical viewpoints and practical perspectives of scholars or practitioners on legal issues.Empirical observations have shown that Legal doctrine plays a specific role in factual reasoning,legal application reasoning,and responding to the demands of the parties involved.Within the current legal framework,legal doctrine can only serve as a reason for judgment rather than a basis for judgment.Judges must follow necessary limits when using legal doctrines,and complete the necessary review of the application of doctrine,content review,and coherence review of individual case arguments.
维普
万方数据
