在个案中要支持当事人具体的权利请求,案件事实需要满足实体法事实构成要件的要求。因此,案件事实的审查范围至少应当包含所有要件事实。但在特定程序中,作为审理对象的争点,包括事实争点,由当事人构建。如果当事人在具体构建争点时遗漏了要件事实,在部分要件事实欠缺的情况下,法律适用如何发生?实践中时常会出现实体法的适用与程序原则的冲突。但从程序法和方法论两方面相向解析,实体法的适用与程序原则之间的裂隙并不如看上去那般不可弥合。反而,方法论为二者提供了共同的技术基础,因此也说明了方法论的基础地位,以及应用范围的广泛。 In a case to support the specific rights of the parties request, the facts of the case need to meet the substantive requirements of the facts constitute the facts requirements. Therefore, the examination of the facts of the case should at least include all the facts of the matter. However, in particular proceedings, disputes as the subject of adjudication, including factual issues, are structured by the parties. If the parties in the specific construction of the points of the missing elements of the facts, in the absence of some elements of the facts, how does the law occur? In practice often appear the application of substantive law and procedural principles of the conflict. However, from the perspective of both procedural and methodological approaches, the gap between the application of substantive law and the procedural principle is not as insurmountable as it seems. On the contrary, methodologies provide a common technical basis for both and thus illustrate the fundamental position of methodology as well as the wide range of applications.