On Legal Logic In China And It's Developing Directions

The study of logics has been into a new stage since 1970s. In the year of 1983, the legal logic has been an independent branch and many works have been come out with the establishment of the research association of legal logic. Especially, after the sixth seminar of legal logic in Shang Hai, people recognized the characteristic of legal logic and its developing direction, which means legal logic, belongs to both law and logic, it is not only a jurisprudential category theory, but also a category of logics. Considering the direction of legal logics, including the direction of jurisprudence and formal logic system, the writer puts most important attentions on a special road of connecting legal logics and practical situation in China together. Besides, the author discusses the subject, investigating approach, system of legal logics, and makes a general conclusion from majority scholars. However, it is only an iceberg of the study, it still lacks of most valuable achievements. Some issues are still being argued, without a unified answer about how to develop the legal logic system in China.The legal logics in abroad has been gained fruitful while china is in its ways from the beginning only. There are a lots experience in European countries and United States; we can learn lots from those developed countries, especially from Northern Europe. For example, Deontic Logic and Default logic of G.H.von wright; Defeasible logic from Jaap Hage,Henry Prakken,and etc. Expecially the defeaibility, no research about it are being stuied. All works above show studies of legal logic in abroad, meaning they have left us behind far and away.Judicial practice in China needs the academic guidance of legal logic. Legal logic is an instrumental subject which only be applied in partitions for its value. Since there are so many precious experiences in abroad, and our legal logic needs a new powerful theory to guide, we should learn from abroad modestly.At last but most importantly, the way of legal logic in China should be bound with judicial practice, it should be complied with logical and juristically characteristics. It cannot develop in a formal way barely, should be in a frame of logics. Legal logic is logics. All in all, legal logic must be complied with Chinese reality, and then be a study to judicial functionary. Only by doing this, legal logic is in its own way.