To Discuss Judgment Thinking In Fact Reconstruction

Though the legal thinking is no longer new to us, total to say the research about legal thinking nasn't become mature in the system and the mechanism both in theories level and practices realms. The judge is referee of legal professional community, is the important subject in the judicial process. Judge legal way of thinking for the achievement of justice, and safeguarding the authority of the judiciary is of great realistic significance. Judge tortuous process of thinking, and thinking, the complexity of the content and the uniformity of application of the law, the decision of the trial judge must form a common, scientific cognitive model, and follow the basic principles of thinking magistrate and the general rules, so as to avoid the "same case different treatment" result that caused by individual differences. It is in this sense; the rational thinking of judges in the trial process is the core of the community, and also an important embodiment of the rule of law.With the development of society, the disputes affairs in living have become increasingly complex chaos, which makes judges in dealing with disputes in the process of relying only on the application of legal norms is not enough, but also in the complex facts of the case or the presumption that adopted extract as much as possible of a reasonable standard judgment fact. The judgment thinking in the case of judge is not only reflected in the stage of the legal application of the legal discovery, legal interpretation and legal argumentation, and other methods, should be reflected in the legal framework established reconstruct the large number facts of the case without tailoring to judgment facts. In the process, the judge should find a balance between objectivity and normative.For a long time, judges on the legal thinking on the application of the law largely focused in the process of the judge way of thinking, and the fact that the judge in the particular facts of the legal thinking reconstruction refers less. Judge in the case in the judgment thinking is the premise for the legal reasoning for the way of thinking; we mainly focus on the methodological significance of judgment thinking in Prerequisite of conduction. This paper starts at the process of judgment thinking in the fact determination, based on the facts clearly prove that the state and not the state proved two circumstances to study ways of thinking, analyse the reconstruction of the main factors in the process of standardized integration of the facts in the judgment thinking the role, and the light of the specific facts in the case focused on the authenticity of unknown briefly when judge how to apply the rules of evidence, logical reasoning, and social and professional experience presumption of common sense facts, at the same time in view of the fact that the current system in the design and the status quo, Propose that judgment facts remodeling thinking normal operational needs of the rule of law, to find effective ways and means in exploring and perfecting the reconstruction of the facts in judgment thinking in the future.