Legal Fiction

Legal fiction dated to classic age is a kind of technique created to cope with complicated society by men. However, there are many different understandings from different scholars on this phenomenon . This article begins with the concept of legal fiction varing from different points of view, revealing the background and reasons of the development of the legal fiction, analyzing the key formating elements of legal fiction, considering that legal fiction is composed of facts,legal principles/rules and irrefutable results. By using comparative method,positive law to analyze the connection between legal fiction and related concepts, to clarify their differences in order to make out the concept of legal fiction. Meanwhile, based on above analysis to positive analyzing the problems existing in the legal fiction, concerning the misusing of legal fiction in real life to define it clearly from its essence and formating values.There are 5 parts in this article, stating the different concepts of legal fiction,causes of formation,key formating elements,comparison with related concepts,assortments,application fields and the restriction of legal fiction, respectively.