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简单案件与疑难案件——关于法源及法学方法的探讨 - 中国知网
Source: kns.cnki.net
Article summary:
1. This article discusses the difficulties in adjudicating cases according to law, including requirements for adjudication and the relationship between legal sources and substantive judgment.
2. It examines different types of difficult cases, such as those with clear legal norms provided by legal sources, those with unclear legal norms, and those with inconsistent legal norms.
3. The article also explores the binding force of precedents and doctrines, re-discussion on the meaning of legal sources, comparative law, interpretation of statutory provisions, resolution of legal difficulties, and handling of difficult cases through examples.
Article analysis:
The article is generally reliable and trustworthy in its discussion of the difficulties in adjudicating cases according to law. It provides a comprehensive overview of different types of difficult cases and explores various methods for resolving them. The article also presents several examples to illustrate how these methods can be applied in practice.
However, there are some potential biases that should be noted. For example, the article does not present both sides equally when discussing precedents and doctrines; instead it focuses more on their binding force than on their potential limitations or drawbacks. Additionally, while the article mentions comparative law briefly, it does not explore this topic in depth or provide any evidence for its claims about comparative law's usefulness in resolving difficult cases. Furthermore, while the article provides several examples to illustrate how certain methods can be applied in practice, it does not discuss any possible risks associated with these methods or provide any counterarguments to them.
In conclusion, while this article is generally reliable and trustworthy in its discussion of the difficulties in adjudicating cases according to law, there are some potential biases that should be noted when considering its trustworthiness and reliability.