Legal Principle Analysis Of Hard Cases

The traditional legal science mainly discusses the hard case from the interior rule. Inspecting the hard case from the angle of fact and the standard,we divide the hard case into three kinds:unclear fact case,unclear standard case,useless of syllogism case.The main method of resorts to unclear fact case is the rational rule,which is very essential in the domain's civil action of proof responsibility's assignment.The Rosenberg's proof responsibility theory also has the practical significance in today's China.The main method of resorts to unclear standard case,mainly has:legal explanation,benefit weight,crack filling of law,supplement of law.The main method of resorts to useless of syllogism case method mainly has:introduction of type thinking mode,supplement Of judicial experience,the change from legal inference to legal proof.The duty of judge in hard case mainly has the referee and the right protection.