著名的《瑞士民法典》第1条规定了法官与法律之间的关系。它一方面明确法官受法律约束,另一方面又赋予了法官在法律解释和填补法律漏洞时较大的裁量空间,甚至明确要求法官要“像立法者那样”行为,表达了立法者对法官的极大信任。此外,它还要求法官考虑经过检验的学理和遵循以往判例,这也是《瑞士民法典》第1条的特色之一。 Article 1 of the famous Swiss Civil Code defines the relationship between judges and law. On the one hand, it makes it clear that judges are bound by law, on the other hand, it gives judges more discretion in interpreting laws and filling in loopholes in the law, and even explicitly requires judges to “behave like legislators” Judge’s great trust. In addition, it requires judges to consider validated doctrines and to follow past jurisprudence, which is also one of the features of Article 1 of the Swiss Civil Code.