司法裁判中“不应当知道”运用研究

[中图分类号］D915.1 [文献标识码］A [文章编号]1008-1763（2025）04-0140-09

Abstract：The concept of“should not have known” is a significant object of reasoning and argumentation in judicial adjudication，and its understanding and application in the judicial context exhibit distinct characteristics. Empirical studies have revealed that the application of“should not have known”in judicial adjudication still has problems in the aspects such as definitions，determinations，proofs，and argumentations on the whole. For this case，we should define the connotation through typed thinking，use the constructive method to link the objective standard with“should not have known”，and strengthen the argumentation and reasoning through legal methods. Empirical research and theoretical investigation show that the definition of“should not have known”in judicial judgments requires strict definitions of the concept by law and logical reasoning by appropriate legal methods.

Key words： should not have known;judicial adjudication;legal approach

问题的提出

辑对于法律规范体系的重要性[1]。（剩余15034字）