摘要
法律实证研究区别于思辨研究,从形式上而言是"走出书斋,奔向田野";从价值上而言是贵在发现问题。加之法律具有"地方性知识"的特点,因此实证研究的地点选择既重要又复杂。经典的观察个案由于当时较大程度地受到资讯、交通、经费等因素的制约,在地点选择上偶然性很大,需要综合考虑自然、经济、文化、人员、案件等诸多因素。
Empirical research differs from analytical research in that it takes ＂going out of the ivory tower and into the fields＂ as its form and problem discovery as its main value. Moreover, as law has the characteristic of ＂local knowledge＂ , the selection of locations for empirical research becomes both important and complex. The classic observation of individual cases had a great degree of randomness in the selection of survey location in the past because of restrictions in information, transportation and fund. The key to the selection of survey location is the determina- tion of appropriate samples based on the identification of the object of survey as a whole. Since document in broad sense includes all valuable materials, location selection of document analysis depends on concrete types of documents. Compared with other methods, on - site experimentation is faced with many difficulties, especially those resulting from human interference. Therefore, in the determination ＂of location of experimentation, various factors, such as nature, economy, culture, personnel, cases and so on should all be taken into consideration.
出处
《环球法律评论》
CSSCI
北大核心
2009年第4期5-16,共12页
Global Law Review
