本文主要讨论了社会争议极大的话题之下的法律适用。法官在使用法律的时候,需要把日常经验法则和法律专业知识结合起来,但是对于某些敏感的有争议性的话题,法官很难通过日常经验法则来作出判断。此时则需要法官对法律进行灵活适用。通过适用法律,在争议问题上为社会指明方向;但有的时候,法律也应当在特定问题上适当留白,避免硬性的认定,贯彻具体问题具体分析的精神。 This article focuses on the application of law under the topic of great social controversy. When judges use law, they need to combine the rules of everyday experience with legal expertise, but it is very difficult for judges to make judgments on everyday, rule-of-thumb issues for some sensitive and controversial topics. At this point you need the judge to apply the law flexibly. By applying the law, we can set the direction for the society on the issue of disputes. However, at other times, the law should also make a proper blanket on specific issues and avoid rigid identification and implement the specific analysis of specific issues.