“非典型案件”是当前法治实践以及法学研究中的热点话题,它通常指的是那些适用法律存在争议的案件。从逻辑上讲,单纯的事实认定存疑由于在法律上的处置实际上是清楚、确定的,因而并不必然导生非典型案件。导致非典型案件产生的间接原因涉及法律、事实及法律-事实关系等多个方面,但直接原因仅在于当事人及其法律职业服务者的选择;并且也正因如此,非典型案件与典型案件无法截然二分,相反,它们几乎总是可以相互转换,这意味着当前许多专门针对非典型案件的制度安排或实践活动存在着根本的缺陷,因而必须予以废止或重构。 “Atypical Cases ” is a hot topic in the current practice of law and law research, which usually refers to those cases where applicable law is controversial. Logically speaking, the mere factual doubts that they are actually clear and definite due to legal disposition do not necessarily lead to atypical cases. The indirect causes that lead to atypical cases involve many aspects such as law, fact and legal-factual relations, but the direct reason is only the choice of the parties and their legal professional servants. And for this reason, atypical cases and typical cases can not On the contrary, they are almost always interchangeable, which means that at present there are fundamental flaws in many current institutional arrangements or practical activities devoted to atypical cases and must be repealed or reconstructed.