法律发现是指在司法适用中,法官生成(找寻、确定、解释、填补等活动的总称)最适合于本案的裁判规范依据的一种专业性活动。它在司法适用中的存在场景如何,学者间是各有见解的。梁彗星先生指出“:找法的结果,有三种可能性:一是有;二是无;三是不确定概念。”著名学者沈宗灵则从另 Legal discovery refers to a kind of professional activity that the judge generates (finds, confirms, explains, and fills in other activities) which is most suitable for the criterion of adjudication in this case. It exists in the judicial application of the scene, scholars have their own views. Mr. Liang Comet pointed out that “there are three possibilities for finding the result: one is; two is none; and the other is uncertain.” The famous scholar Shen Zongling is from another