Legal Fiction, The Legitimacy Of Its Limits

Legal fiction since ancient Roman times, has been widely used. It's a booster of legal civilization forward. legal fiction is a irresistible fiction. It seems the different thing as the same thing to the same legal effect for a legal purpose. Legal fiction has the following characteristics:legal fiction is a irresistible fiction; Legal fiction is seen as true even if it is not true; legal fiction is the unity of rationality and legitimacy.Legal fiction in the history of the existence and application of today is not accident, but has the rationality of its existence. Legal fiction has been a large number of applications during the formation of common law in England,and now the department of law in China is also occasionally applied the law based on economic difficulties and other reasons such as arguments to resolve some thorny legal issues. legal fiction is an effective method of irresistible fiction; is an effective way to solve the legal system and social reality of the contradiction, is the defenders and destroyers of the formalism; meet the real needs of the community, reflects the unique way of thinking group of legal profession.Legal fiction of the decision function, the system development function and explain the function also described the rationality of legal fiction.Historical school of law, Positivist school of law, New natural law school's attitude of legal fiction explain fiction's evolution, but also pointed out the legal fiction must be limited within a certain range to ensure its proper. Specifically, the form of legal fiction must accept the guidance of justice and the dual guidance of substantive justice, and only limited legitimate fiction is fiction, in order to ensure the legal system and social life conducive to the development.