Logic Foundation Of Legal Formalism

As a tendency of various thoughts ,dating back to the era of Roman Laws .Legalformalism features that it attaches great importance to the roles that logic plays in thelegal concepts and codes analysis and judicial processes .Due to this feature ,legalformalism promotes the development of west legal systems encouragingly andestablishes profound legal theories ,strict logic and systematics among the concepts andsystems in legal relations .Legal formalism turns legal science into a science thatanalyses the legal systems by analyzing logic relations between legal terms andpropositions ,especially when it excludes the value elements from the research sphereof legal theory science ,but limits the tasks of legal theory science among the sphere ofanalyzing the legal systems . Modern logic methods has become the new tools of analyzing laws with thedevelopment of logic science since the 19th century .Not only does legal formalisminherit the west traditional analyzing characteristics in thinking methods, but itstrengthens this tradition in the legal circle. This text passes the evaluation and analysisof the origin of legal formalism and logic role in legal system of western formalization,the ones that made us correct realized the positive and passive dual character that thelogic analytical method has, and then reveal the fundamental position in our country'slegal construction of logic. Make legal system of our country not only but also contentwith essence justice possess formal rigorous or careful fine quality. This article divides six parts altogether: The First part is a prefae, It gives a brief introduction to the formalism andresearch current situation, make reader right legal formalism and author's understandingthat there is preliminary one original intention of the writing this text at first andunderstand.Second part It is a content of chapter one, this seal of brief origin , development ,summit that have introduced legal formalism wait for each historical stages, we can seethe development course of legal formalism through it. And has explained the essentialfeature of legal formalism. The third part It is a content of chapter two, make a concrete analysis of the logiccharacteristic of legal formalism. Chapter this attention degree two respect is it explain tomake to " legal reasoning" with Great Britain American and French department fromcontinent law department code especially. The fourth part, Namely chapter three, concrete to explain the primary basic statusfrom four parts :legal concept , legal norm , legal reasoning , legal system among thelaws of logic, have pointed out the logic analytical method is to distinguish and rule bylaw to give temporary relief with people accurately. It is a focal point of this text. The fifth part Namely chapter four, whole page most crucial part of thesis, authorpurpose, writing of this text too, enforce the law from legislative and judicial andtransplantation in law several respect explain between logic and of our countrycontribution of legal construction separately, there is wide view of using the prospect inChina's legal construction to put forward formal logic in view of the above. The last part of the article is a conclusion, summarize still having life and vigor inour country's legal construction of legal formalism briefly, the value that its logicfoundation produces remains the legislative striving direction of our country, logicprocedure justice that foundation create of it remain our country rule by law what thesociety seeks assiduously.