法律渊源与法律形式的关系逐渐明朗化,随着对法律渊源的理解深入,理论界对法律渊源定位的立法视角的弊端日益暴露,而立法视角的确认也有其固有的原因,这种视角对于我国法律渊源的瓶颈作用迫使我们开始转向从司法视角来考察法律渊源的定位,而这需要考察外国法对于司法视角的理解。完全在我国确立司法视角显然不具有操作性,因此立法视角和司法视角的并重审视是可为之努力的方向。审视所有民法渊源,习惯和判例是我们不得不注意的两种类型,能否利用习惯的作用,发挥判例的效应是法律渊源制度发展必须考虑的方面。如何设置几类法律渊源的效力也是不得不审视的问题,提升习惯作为法律渊源的作用,合理利用判例的补充作用,是一条建立更加合理的法律渊源制度的途径。 With the deepening understanding of the sources of law, the drawbacks of the theoretical perspective of theorists in locating the sources of law have become increasingly exposed. The recognition of the legislative perspective also has its inherent reasons. This perspective is of great significance to our country The bottleneck of legal sources forced us to turn to look at the source of law from a judicial perspective, which requires an examination of foreign law’s understanding of the judicial perspective. It is obvious that the establishment of a judicatory perspective completely in our country is not operative. Therefore, the simultaneous review of the legislative and judicial perspectives can be the direction for which efforts can be made. Examining all the sources, habits and precedents of civil law is the two types that we have to pay attention to. Whether we can make use of the role of custom and exert the effect of jurisprudence is an aspect that must be considered in the development of legal origin system. How to set up the validity of several types of legal sources is also a question that has to be examined. It is a way to establish a more reasonable system of legal sources by promoting the role of habit as a source of law and the rational use of the supplementary role of jurisprudence.