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读书的“专”与“泛”似乎一直是难以拿捏的尺度。其实,读书的范围关涉到认知基础的锻造问题,后者的深度与广度将影响对具体问题的理解和把握。法律作为一门技艺之术,其构建同样离不开与之匹配的知识广度与深度作支撑,我国的特许经营制度不失为诠释这一问题的鲜活样本。认知基础的偏狭导致现有制度陷入混乱与尴尬的境地却不知就里,唯有通过多维学科知识的涉猎,全貌而深入地把握特许经营的性质及其治理机制,认识到制度强制干预的局限性以及双方自我实施的理路,才能更好地设计规则。赋予法律技艺以无穷生命力的乃是其背后的深厚而广博认知基础。
Studying “ad hoc” and “pan” seems to have been an unmanageable measure. In fact, the scope of study relates to forging the cognitive basis, the depth and breadth of the latter will affect the understanding of specific issues and grasp. As a technique of art, law can not be constructed without its breadth and breadth of knowledge. The franchise system in our country is a vivid sample of this problem. Narrowing of the cognitive base leads to the confusion and embarrassment of the existing system. However, only by understanding the nature of the franchising and its governance mechanism through the study of multidimensional subject knowledge, we can understand the limitations of the system of mandatory intervention Sex and the two sides self-implementation of the road, in order to better design rules. Given the infinite vitality of legal arts and crafts but behind its deep and broad cognitive basis.