和谐社会是一个有序的社会,而有序的社会依赖于“规则之治”的实现。然而,由于规则的确定性与保持法律的弹性之间存在着天然的、不可调和的矛盾,所以“规则之治”往往只是停留于理想状态或者说是初级状态,它的实然状态是很难达到的。规则确定与法律弹性之间的这种冲突在当前的知识产权审判中表现得尤为突出,因为知识产权法比其他法律(诸如财产法)更加直面科 A harmonious society is an orderly society, while an orderly society depends on the realization of “rule of law.” However, since there is a natural and irreconcilable contradiction between the certainty of the rules and the flexibility of the law, the “rule of the rule” tends to stay in an ideal state or a primary state, and its actual state is very difficult Reached. This conflict between rule-determination and legal flexibility is particularly prominent in current trials of intellectual property, as intellectual property law is more straightforward than other laws, such as property law