Type Of Thinking And The Law Of Prescriptions Of The Significance

Since early stage of the 19th century, the western law circles reviewed and reached a climax to the type, type method and methodology of type. On contemporary application of western law, type dominates each law science field. The law circles of our country are still at the starting stage on the conscientious research of type thinking, still far from meeting people's thirst for this kind of law science methodology. So, it has the important theory and the practice significance that we deeply introspect to the theory logic and content of the thinking method of the type from methodology, in order to let more law science researcher know about typologyThrough the brief inspection on the history evolvement of the type" word meaning, this article summarizes several important meanings of current type, and classify it from the logic or the philosophy angle, analyzes the type logical characteristic from two angles of difference and similarity between the type and the concept.The article mainly analyzes the functions of type in the law formulation and application. First, the article talks about the function of type when the law formulates. (1)The type concept is a main form of the legal language; (2) the type is a foundation of the legal norm; (3) the type method is important legislative technology of building and constructing the legal system. Secondly, the article discusses the functions of typology while the law applies. (1) Under type thinking, traditional three sections of theories of administration of justice have new meaning. (2)In legal explanation, the legal concept type is the bridge to link up legal norm and case fact; type thinking has function of making legal explanation simpler and more convenient. Meanwhile, such convenient explanation route makes convincingness that law proves weaken.The meaning on law science methodology of type thinking will be paid attention to more and more by people; the study on type thinking will also be deepened more and more. But type thinking can't replace the concept thinking position and function in law science, it, like one kind of any other thinking methods or theory tools, it is limited that there is one's own scope of application.