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在大陆法系国家,一般有“宪法教义学”“民法教义学”“刑法教义学”等称谓。教义学思维也体现了法律人思维的基本特征。其实,各部门法学本身就是法教义学。法教义学已成为当下中国法学研究的热点话题。这种研究伴随着我国法律方法论的兴起与发展。其实,法律方法论与部门法学有一个重要交汇点就是法教义学。近年来,各个部门法学对法教义学问题开始并做了越来越多的理论研究,甚至出现了一定的学术争议。法教义学问题的研究促使国内部门法学出现了方法论意识上的明显觉醒,法律解释、法律推理、法律论证等法律方法开始被越来越多运用于我国部门法学研究中。法教义学的理论意识、思维方法、分析技术对于我国部门法学乃至整个法学的成熟会起到至关重要的作用。
In civil law countries, there are generally such appellations as “teaching of constitutional doctrine”, “teaching of civil law and doctrine”, “teaching of doctrine of criminal law”, etc. Doctrinal thinking also embodies the basic characteristics of legal thinking. In fact, each department of law itself is legal teachings. Legal teaching has become a hot topic in contemporary Chinese jurisprudence research. This research is accompanied by the rise and development of our legal methodology. In fact, there is an important meeting point between legal methodology and departmental law that is legal teaching. In recent years, various departments of jurisprudence started and made more and more theoretical researches on the problem of legal education and even some academic disputes have arisen. The research of legal doctrine issues has prompted the obvious awakening of methodology in legal science in domestic departments. Legal methods such as legal interpretation, legal reasoning and legal argumentation are beginning to be used more and more in our departmental legal research. The theoretical consciousness, thinking method and analytical technique of legal teachings play a crucial role in the maturation of our country’s legal science and even the whole law.