这里所谈的比较法的方法,为了避免其过多地陷入方法论上的争论,打算只以比较研究的过程为中心,仪就其某些实际的做法加以说明。 (一)比较对象的选定。在进行比较法研究时,课题一旦选定,接下来的问题首先便是选择哪一个法律体系作为比较对象。对于研究课题来说,必须选择与之相适应的法律体系。也就是说,对象要依课题而定。但有时会觉得比较法几乎没打用处,例如面对 The method of comparative law discussed here, in order to avoid being too much involved in methodological arguments, intends to illustrate it by some of its actual practices, focusing only on the comparative research process. (A) Comparison of the selected object. When conducting research on comparative law, once the subject is selected, the next question is to choose which legal system is the comparative object. For the research topic, we must choose the appropriate legal system. In other words, the subject depends on the subject. However, it is sometimes felt that the comparative law has hardly any use, such as facing