On The Concept Of Legal Thinking

The current study of legal thinking is still in its infancy and there are a lot of problems.The first problem we need to focus on is that the concept of legal thinking is in confusion. The definitions of the legal thinking are different and some even are different widely. Though it looks as if all the articles are studying the same legal thinking, in fact the objects in the various articles have subtle differences. This makes the communications and references of the studies of legal thinking very difficult. Not to talk about to form a unified system. So,the further study of legal thinking is very unfavorable. Therefore, the first step of the research is to determine what the legal thinking is. If the concept is still uncertain, further research will be very difficult. The reason that the concept of legal thinking is in confusion is that we don't understand the concept quite well.This paper is divided into four parts as follows:Introduction sets out the current study of the concept of legal thinking, and explains the significance of further study.Chapter one researches what is the nature of the concept, how the concept formed, and how to study the concept of legal thinking. The research about the nature of the concept is quite lacking. It leades to that the study of concept lacks complete theoretical foundation, and there is no explanation of the methodology of research. Concept is the process that people classify things, is a class of objects or processes in the brain image. Noun is the name of the concept. Definition is the description of the concept in language. Concept and definition are often mixed. The basic effect of concept is not to respond the essence attributes, but to give a clear description of thingsChapter two researches legal thinking from the perspective of culture. The reason that why these legal thinkings are classified as a type of thinking and are called legal thinking of cultural perspective is these legal thinkings have same research purposes and research approach approach. That is by developing the habit of thinking according to law to facilitate the realization of the rule of law. Legal thinking and legal culture is similar. Its fundamental characteristic is that thinking should be under the law, and this way of thinking becomes a habit. Implementation of this legal thinking requires the appropriate economic base and moral educationmoral.Chapter three Is the research on legal thinking from the perspective of legal profession. The object of this type of legal thinking is the legal profession. It can be divided into two different But according to the differetn research purpose and research focus, the legal thinking from the perspective of legal profession can be divided into legal thinking as the legal profession' standards and the real thinking process of the legal profession. The current research of legal thinking in china is the legal thinking as the legal profession'standards. This is the inevitable process in the stage of building the rule of law. This study aims to promote the rule of law and put restrictions on the judge. The real thinking process of the legal profession is the empirical study on legal professions. Subsequent studies about the structure of legal thinking try to integrate these two research approaches.In short, this article Combed literature and then do some futher study. Due to the limited knowledge this article just did some very immature exposition, hoping laying some foundation for the later study of the legal thinking.