On The Law Of The Judicial Position Found

Coupling with the advancement of guideline of administering a country according to law and approximate perfection of the law system, more attention is paid to judicature than legislation gradually in jurisprudential circle. The constitution of the statute law has only offered the institutional likelihood for ruling by law. As far as the statute law would be integrated effectively into case facts, this will lie on judicature. How to perform the law effectively? Legal means provide methods in support of the judicature. This article will expound legal finding, one of the legal methods. This essay will discuss five points about relative theories of legal finding.In preface, the legal finding is put forward because of necessity from legislation to judicature. Because the laws that lawmakers have established are universal nonfigurative and extremely general, but the cases that judge will resolve are full of individuality and complexity, the judge's logical thinking is needed in transformation from the statute law to regulation which is adopted to concrete case. Legal means can safeguard this transformation rational and lawful. Legal finding, as one of the legal means, is premise of the law application. The study of legal finding plays a crucial role in enhancing the judge's ability and raising the efficiency of resolving case.Chapter I explains the definition characters and necessity of legal finding. In the part of introducing definition, the definition of legal finding is educed from the researching conditions at home and abroad. Firstly, this article deals with conceptualist jurisprudence and free-law school. Conceptualist jurisprudence insists on the omnipotence of code. The judge finds the law rigidly according to the statute law, and does not create law any more. The free-law school gives a denial to the omnipotence of code, affirming finding law freely. Afterwards this essay introduces the researching of legal finding in our country. Finally the definition of legal finding is set forth. Legal finding is a process that regulation is searched from sources of law in order to adjust a dispute with the help of deduction induction and analogy under the guidance of ruling by law. In the part of introducing character, compared with legal interpretation and legal argumentation, three characters of legal finding are...