如何在大陆法系的语境下实现创造性司法以弥补成文法灵活性之不足,一直以来都是困扰我国民法学界的难题。重拾被遗忘的法益,并在法益分类的基础上考察原则与规则的区别与联系,不难发现,应当通过严格解释部分民法基本原则的方式实现创造性司法,以此保障法益的生成。通过严格解释原则实现创造性司法的过程,并没有推定出一种私权利的存在,而是认可了未上升为权利的法益的正当性,这种认可只具有个案效力。 How to realize creative justice in the context of civil law system to make up for the lack of flexibility of written law has always been a problem that plagued civil law scholars in our country. To regain the legal interests that are forgotten and to examine the differences and relations between the principles and rules on the basis of classification of interests, it is not difficult to find out that judicial justice should be realized by strictly explaining the basic principles of some civil laws so as to safeguard the interests of law. The process of achieving creative justice through strict interpretation principles does not presume the existence of a private right, but endorses the legitimacy of the legal benefits that have not risen to a right. Such recognition has only case validity.