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Discuss The Legislative Assumption Methods With Law Logic

Posted on:2013-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:Z YeFull Text:PDF
GTID:2216330371492505Subject:Logic
Abstract/Summary:PDF Full Text Request
The legislation assumes that the method is to use the logical way of thinking legislators in the legislative work in the formation of legal assumptions.The legislation assumes that the method of the process of applying scientific rigor to determine the rationality and legitimacy of the legislation itself, the entire legal system is more related to the ability to be recognized by the majority of people obey and comply with. The legislation assumes that the historical origin from the philosophy of law, reasonable structure can become legislators trusted legislative tools, the more effective method is to ensure that the legislative purpose can be achieved.The first part discusses the legislation assumes that the relationship between methods and logical thinking. Assume that the so-called legislative, refers to the legislators in accordance with current policy requirements and legal theory, the predictive interpretation of qualitative legal facts and legal acts may occur in the future, legislators formed a speculative conclusion. The legislation assumes that the goal is to achieve the final after confirmation of the Statute Law Article. To explore the origins of the legislation assumes that the development of people will find the history of the development of the legal and logical blend, and the development history of almost throughout the whole philosophy of law and prosperity process. The legislation assumes that the establishment of the generation and application of a special general process, this process has always been to follow the path of legislative thinking and is fully reflected in the legislative process which. At the same time, the legislation assumes that the interpretation is also based on scientific hypotheses and scientific theories, to construct a unique logical structure.The second part discusses the legislation assumes that the generated logical way of thinking. The legislation assumes that as scientific hypotheses, and always subject to some of the key factors. Generally speaking, a scientific and rational legislation assumes that basically derived from the following aspects:policy requirements, the law-related events, and legislative purpose. These aspects often give legislators a specific need to pass legislation to resolve the question of legislation. Generation process assumed by the legislation applied to a number of logical methods and ways of thinking, including logic of inductive thinking, analogical thinking, and deductive thinking, as well as non-logical thinking in images, intuitive thinking and philosophical thinking. The inspection and evaluation of legislation assumed infer the formation of the assumed methods of inspection legislation is reasonable, and whether it is rigorous, because this is to ensure that the legislation assumes that become law after the testing and evaluation, reliability.The third part discusses the legislation assumes that the method of influencing factors and the optimal path. Any kind of logical methods in practice are not recognized for the perfect, the legislation assumes that the logical method is also the complexities and limitations for these complexities and limitations to find the optimal path. Which mainly targeted and accurate grasp of the legislative objective environment, improve the scientific nature of the legislative forecast, optimization of the legislative process, as far as possible to ensure the completeness of the legislative thinking, consistency and rigor.
Keywords/Search Tags:legal logic, legislative thinking, legislation assumption
PDF Full Text Request
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