法学通说是通过讨论后逐渐形成的支配性意见。它的权威性不仅来自于学说和判例中的多数支持,更多地来源于自身的论证说服力,能够接受众人的检验。法学通说应该建立于法律教义学基础上,才能符合一致性和可检验性的科学前提,真正地发挥保障裁判稳定、提供研究指引、减轻论证负担等功能。 Jurisprudence is the dominant opinion that has evolved through discussion. Its authority comes not only from the majority support in doctrine and jurisprudence, but also from its own argumentative persuasion and its acceptance by people. Laws and regulations should be based on the legal doctrine to be consistent with the consistency and testability of the scientific premise, and truly play to ensure the stability of the referee, to provide research guidelines, to reduce the burden of argumentation and other functions.