归纳思维与演绎思维是认识和发展科学的重要方法。在适用法律的过程中,归纳思维是法官从一系列早期的案件或者判例中归纳出一个比较抽象的法律规则或法律原则。而法院或者法官将可以适用的法规法条抽象化,针对法律规则对案件事实加以陈述,最后得出判决结果的方法则是演绎思维的方法。它们在两大法系的法律适用中具有重要作用,并且具有融合发展的趋势。 Inductive thinking and deductive thinking are important ways to understand and develop science. In the process of applying the law, inductive thinking is the judge from a series of early cases or jurisprudence summed up a more abstract legal rules or legal principles. However, the court or judge abstracts the applicable laws and regulations, states the facts of the case against legal rules, and finally obtains the method of judging the result, which is the method of deducing thinking. They play an important role in the legal application of the two legal systems and have the tendency of integration and development.