在我国大陆,概念法学并未作古,而是仍有存在必要。坚持概念法学,并以类型法学为补充。根据学界的使用情况,类型可分为封闭式类型和开放式类型,二者存在较大区别。封闭式类型也存在归入适用的问题,开放式类型强调或多或少,具有开放性、流动性,认可中间形态的存在。两种类型在立法、司法上均有采取之必要,案例类型比较是司法实务的重要一环。在类型的可变体系下,原有之事物(及其概念)的特征更加清晰,法理解释更加合理。 In mainland China, conceptual jurisprudence has not made its mark, but there is still a need for it. Adhere to the concept of law, and the type of law as a supplement. According to the academic usage, the type can be divided into closed type and open type, there is a big difference between the two. Closed types also fall into applicable categories. Open types emphasize more or less openness, liquidity, and the existence of intermediate forms. Both types are necessary in legislation and judicature. The comparison of case types is an important part of judicial practice. Under the type of variable system, the characteristics of the original things (and their concepts) are clearer and the legal explanation is more reasonable.