在审理案件时,对法律进行解释,一直是德国、法国等成文法国家法官的应有职责。早期法官对法律的解释仅限于根据法律所建立的概念体系,进行逻辑推演,追求立法者本意;到了19世纪,以耶林为首的学者们对上述观念进行批判,在20世纪形成了占主导地位的“自由法运动”,认为法官不再是 At the time of hearing the case, interpreting the law has always been the responsibility of judges of statutory countries such as Germany and France. In the early nineteenth century, scholars led by Yering criticized the above concepts and formed the dominant position in the 20th century. In the early 19th century, scholars interpreted the law as limited by the conceptual system established by law, deduced logically and pursued the original intention of legislators. The “freedom of movement”, that the judge is no longer