裁判逻辑与实定法秩序之维护——要件事实论纲

当下,民事司法改革和民事诉讼理论研究正面临着双重困惑,为了解决危机,我们需要重铸方法论工具和概念工具,要件事实理论因为其自身的体系化和规范性,似乎可以提供一条有益的思路。

Judicial Logic and Maintenance of the Order of Positive Law: On the Theory of Ultimate Facts

At present, both the civil procedural reform and the theoretical study of civil procedural law are facing a double-faceted perplexity. To pass through the crisis, we need to reconsider our methodology and reform the conceptions. The theory of ultimate facts, which is inherently systematical and regular, seems to be conducive to our consideration.