On Uncertainty Of Justice

Since being putting out officially in the 1970s, the theory of legal logic has been set as the research subject of many jurists. With further research, the non-formed thought has exerted a substantial influence upon the legal practice. Thus, it proves that the practice of legal logic has adapted the development of logical theory. Also, as the legal construction of our country gets strengthened, the law is affecting our life more and more. Justice is the most important way of law realization. As the social development and law research goes deeper, people get to realize that the process of justice is full of uncertainty which is changeable but not always a one-way line.Therefore, seeing the justice in the view of legal logic and seeking the legal logical method as the guide of the process of justice is of great significance.The paper looks into the applying of legal logic in the process of justice in the view of legal logical theory, and takes the topic as the research subjection, trying to analyze the basis of justice, then finds out the elements which leads to uncertainty of justice in order to seek for a legal logical method which could effectively avoids it. The first part is the introduction. It begins with the current situation of the legal construction of our country: the legal construction is intensely associated with this famous motto saying by Aristotle"the legislation and rules should be widely obeyed while the legislation and rules which are widely obeyed are supposed to be good ones."As far as we know, in order to make the law obeyed well, we couldn't drop the dynamic process of justice. And it is the process that makes the law effectively realized. If we want the justice exerts its influence, we need to guarantee the authority and certainty of justice.The second part is talking about the uncertainty of justice. It contains three points as followings: The definition of uncertainty of justice. The justice is a dynamic process in which the Judge applies the law and rules into specific cases and forms a judgment. The features of uncertainty of justice: one is the objectivity——we should see the uncertainty of justice as objective and can't be controlled by the willing of human being who participates in that process; the other one is the controllability——even the uncertainty of justice objectively exists, it would never be in a random. It is comparative and limited; therefore we could control the uncertainty by limiting the elements which lead to it in which the relevant methods of legal logical theory will be of great influence. The negative side of the uncertainty of justice: it produces many negative influences which mainly reflect on the specific case and the destruction of legal values.The third part is the analysis of the uncertainty of justice. The is mainly because of the passivity of justice,the disability of re-existing of facts(especially the difficulty of indentifying the legal facts),the uncertainty of legal rules(mainly reflected in the uncertain of the definition of legal concept).The fourth part is trying to explain how the legal logic could control the uncertainty of justice which is also the key to this whole paper. It divides into three parts: to make definite the legal concept,analogical reasoning and the interaction mechanism of both of them. First, it discusses the meaning of the definition of legal concept, and step further into the situation in which how the Jurists and legal practitioners apply the definition of legal concept in the process of justice. Second, it talks about the control of uncertainty of justice. Analogical reasoning is one basic form of legal reasoning which plays quite an important role in the justice. It is talking from cases analog which is also one of the most special analogical reasoning. Analogical reasoning exemplifies the same basic law principles in the same cases; besides, the case law also effects on the Judges so to lower down the uncertainty of justice. Last but not least, the uncertainty is caused of the combination of different elements and couldn't be effectively controlled by one single way. Therefore, only the using both the definition of legal concept and analogical reasoning with other legal logical methods paralleling could the uncertainty in the process of justice be effectively manipulated.The conclusion reviews the main contents the whole paper is talking about and points the problems, and expects some effective way guiding the justice through the uniting efforts of the whole legal logical academicians.