对法的渊源学者有不同的理解。学说与判例能否作为法的渊源历来有不同的争议 ,学说可以作为我国私法的渊源 ,判例作为法的渊源在大陆法系国家一般作为成文法的补充。学说和判例作为我国法的渊源有其必要性和可行性及条件。 Different sources have different interpretations of law. Doctrine and precedent can always have different controversy as the origin of law. Doctrine can serve as the origin of our country’s private law. As the origin of law, jurisprudence is generally used as a complement to statutory law in civil law countries. Doctrine and precedent as the origin of our law have their necessity, feasibility and conditions.