司法实践中,法律文本并不是简单的援引适用即可,需要对规范的选择、解释甚至创造。笔者在观察一起商品房销售合同纠纷案时,发现该案存在裁判实体规则实现不能而程序规则机械僵硬化,从而导致裁判悖论发生。围绕裁判悖论解释发现法官能动有诸多考量因素,需从诉讼原点加以选择,把法律文本作为一种资源而且是最为强大的资源加以使用,通过规范精神习得、阅历经验甄别和人文素养积淀,自觉调整思维偏好,从而使原点思维更能认识到事物本质,找到解答裁判悖论的出口。 Judicial practice, the legal text is not a simple reference to the application, the need for normative choices, explanations and even create. When I observed a dispute over the contract of sales of commercial buildings, I found that there was a problem that the rule of the entity in the case could not be realized and the rules of procedure were rigid, which led to the arbitration paradox. Based on the interpretation of referee’s paradox, it is found that judges have many factors to consider. They need to choose from the origin of litigation, use the legal text as a kind of resource and the most powerful resource, and through the standard spirit acquisition, experience screening and humane quality accumulation, Consciously adjust the thinking preferences, so that the origin of thinking more aware of the nature of things, to find the answer to the referee’s paradox exports.