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生活经验和教学实践都表明,学生对于法庭审判常常不能正确理解,有的学生过于抬高律师辩护的作用,有的学生则贬低律师辩护的地位。甚至很多学生有这样的质疑:看电视剧时,我们目睹了辩护律师滔滔不绝、口若悬河地为当事人辩护的场景,经常感慨于大律师的辩才,更被大律师讲的“法理”所折服,但让人惊叹的是法院却没有理会律师的辩护,做出了让人意想不到的判决。这是否意味着法官枉法裁判呢?针对学生中普遍存在的问题,笔者认为我们有必要帮助学生正确理解什么是法理,什么是法律,二者的关系怎样。法理不能作为司法机关的办案依据。法理,即关于法的理论。法的理论
Life experience and teaching practice have shown that students often cannot correctly understand court trials. Some students are too elevated the role of lawyers’ defenses, while others devalue lawyers’ defense. Even many students questioned this: When watching TV series, we witnessed scenes in which the defense lawyers were eloquent and defended the defenders. They often expressed emotions to the defense of the barristers, and they were greatly convinced by the “legal principles” that the lawyers said. However, it is amazing that the court ignored the defense of the lawyer and made an unexpected decision. Does this mean that judges are defaming to referees? For the problems that are commonly found in students, the author thinks that we need to help students understand correctly what legal principles are and what is the law. What is the relationship between them? Jurisprudence cannot be used as the basis for handling cases by the judicial authorities. Legal theory is the theory about law. Theory of law