| The law code should be specified before achieving the claim of Anspruch in a society under the rule of law. When facing a case fact, the judge firstly, according to the theory and standard, determines legal norm and gist to support the claim of one party in litigation versus the other part with reference to the methodology of Anspruchsgrundlage analysis, and he should also specify a certain Anspruchsgrundlage applicable or not for his upholding or rejection. the process of judicial decision is just the process of subsuming the fact under standard, without considering other social factors besides the case fact. But the process of determining Anspruchsgrundlage with respect to dispute in the trades of commercial residential building is not logical inference process implied by non-standard factors, according to the statistic work about the samples. The uncertainty of law which calls for non-standard factors to explain the consequent uncertain concept of Anspruchsgrundlage in the real case and the lack of judge's cognition causing unreasonable actions thereby the Anspruchsgrundlage is not determined in proper way give rise to this phenomenon. Now that in the process of applying Anspruchsgrundlage, the conflict between juridical practice and theoretical standard can't be resolved by law principle, the methodologies of legal sociology and economic sociology are indispensable to analyze such phenomenon. Therefore, the countermeasure is to rationalize the inference procedure in judging process and arrange the non-standard factors and the consequent impacts reasonably. When regarding to judge's personal preference and the law's realization, the judge should be obligated to justify his judgment by external empirical proposition, or by non empirical proposition and non normative rules. That's to say, when juridical judgment is effected by nonstandard factors, the judge should state his empirical proposition or other prerequisite.
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