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自法律解释学创立以来,人们一直致力于创立方法论意义上的法律解释元规则,以平衡规则与事实间的紧张关系,然而理论与现实的差距令该种学术努力总总陷入困境。本文旨在通过法理分析和案例评论对该问题提出自己的一些困惑和看法。
Since the establishment of legal hermeneutics, people have been devoting themselves to establishing meta-rules of legal interpretation in the sense of methodology so as to balance the tensions between rules and facts. However, the gap between theory and reality has always put such academic efforts in a dilemma. This article aims to put forward some of my own puzzles and opinions on this issue through jurisprudence analysis and case comment.