实然与应然 ,是法学上用来标定行为程度的概念术语 ,属状态范畴。前者是指某种法律行为或事实客观上实际所处的阶段、程度和状态 ,后者则是指依某种标准和原则这种行为或事实主观上被认为应处的阶段、程度和状态。简言之 ,实然即“实际是什么” ,应然即“应当是什么” ,两者之? Really and should be, is used in law to calibrate the concept of the concept of behavior, is a state category. The former refers to the stage, extent and status of the actual objective reality of a legal act or fact, while the latter refers to the stage, extent and status that are subjectively regarded as such by certain standards and principles. In short, what is “what should be?”