Law Of Formal Logic - The Legal Concepts And Laws Applicable To The Process

This article (method) has carried on the correlation analysis by the form logic's in concept and the inference theory as the analysis tool to the legal concept and the lawsuit process. The purpose of analysis lies in is clear about the legal concept, legal concept determinism, the legal concept function, in the legal inference importance, the lawsuit the legal concept, the provision of law, the legal inference, the jurisprudence theory, the life and the judicial experience's relations, the case fact and the legal conclusion forming process, the difficult case related question. The first chapter was clear about this article to analyze the object and the goal. The second chapter after elaborating the legal concept related characteristic, carries on the limits to the legal concept, namely in its figure of present effective provision of law has the specific legal meaning concept, its specific legal meaning stems from the legislator"borrows"the everyday vocabulary either other technical expressions after the provision of law when or entrusts with or the judicature in the provision of law when is suitable some provision of law entrusts with the concept or the legal scientist create and has the unanimous understanding legal science terminology to write down the present effective provision of law; And criticized and explained legal concept's uncertainty, obtained the legal concept the uncertainty question is the result of by the subjective reason. The third chapter inspected the lawsuit process, what attempts to explain was how in the lawsuit process the legal concept to affect as well as participates in the human carrying on what inference, attempted to lie in the description lawsuit process the ponder"the prospect", i.e. the development started from the legal consultation the legal concept which and the inference process after the hearing opened topic, questioning witnesses, debate to obtain decision (legal conclusion) the entire thinking process utilizes; And from fact and law (case fact forming process) the relations embarked, obtain pull Lentz to note the legal occupation jurisprudence theory and the experience of life importance, but it neglected the legal occupation back and forth shuttled back and forth when the fact and the law most important factor——it to grasp and the utilization legal concept conclusion. The fourth rules through solve Maccormick's doubts, saw clearly between the jurisprudence theory, the experience of life and the legal inference relations. The fifth chapter obtained the legal concept to have the important meaning, the case fact is by carries on the inference using the legal concept to form, between the legal concept and the provision of law relates closely, and it was important regarding the provision of law, between the provision of law, the case fact, the jurisprudence theory related close, the jurisprudence theory to be important regarding the lawsuit, the legal concept to be important regarding the legal occupation, the difficult case to have nothing to do with, the legal uncertainty with the legal concept and the legal concept uncertainty cannot confuse, the judicial professionalism and the judicial popularity may unify, the legal inference had its limitation and so on conclusions.