法教义学是以实证法,即实在法规范为研究客体,以通过法律语句阐述法律意蕴为使命的一种法律技术方法。而我国的法教义学却是一种以工具主义和实用主义为导向的治术之学。它无法缓和实质正义终极性与形式正义有限性的矛盾,对我国法教义学的存在和发展会产生不可估量的影响。 Legal teaching is based on the law of positive law, that is, the real law norms for the study of objects, through legal statements to elaborate the legal implications of a legal and technical methods. However, our country’s legal teachings and rituals are a kind of technique of operation directed by instrumentalism and pragmatism. It can not ease the contradiction between the ultimate nature of substantive justice and the limitedness of formal justice, and will have an immeasurable impact on the existence and development of legal doctrine in our country.