法律渊源实际上是多元规范的集合,法官从中发现裁决案件所需要的裁判规范。法官要能够为具体个案寻找裁判规范,就必须深入法律渊源体系当中进行寻找和发现,这就需要使用到法律发现方法。法律发现的实质是法官在法律渊源体系中发现可能的裁判规范。法律渊源是法律发现的场所,而法律发现的结果却是多元的裁判规范。因此,法律发现并非司法过程的结束,而仅仅只是司法过程的开始。在法律渊源中发现法律,首先要建构法律发现的事实基础,其次要理顺法律发现的过程,最后在法律发现过程中,要适当结合具体的方法从法律渊源中发现可能的裁判规范。将法律发现与法律渊源结合起来,法律渊源实践了司法意义,法律发现有了前置要件,二者共同影响着司法过程。 The source of law is actually a collection of multiple norms, from which judges find the rules of adjudication needed to adjudicate cases. To be able to find judges for specific cases, judges must go deep into the system of origin of law to find and discover, which requires the use of the law discovery method. The essence of law discovery is that judges find possible rules of adjudication in the legal origin system. The origin of law is the place where the law is discovered, and the result of law discovery is the multiple judgment norms. Therefore, legal discovery is not the end of the judicial process, it is just the beginning of the judicial process. To discover the law in the source of law, we must first construct the factual basis of the law discovery, and secondly, we must streamline the process of the law discovery. Finally, in the course of the law discovery, it is necessary to find out the possible rules of the judge from the sources of law by combining with the concrete methods. Combining the discovery of law with the origin of law, the judicial origin has its own judicial significance, the law has found the pre-requisites, and both of them have an impact on the judicial process.