Research On The Legal Facts

The paper is divided into four parts:The first part is discussed on the facts of legal concepts, characteristics andclassification. In judicial activities, how to identify the legal facts, first of all should theconcept of legal facts. Legal facts related to a combination of legal norms and facts,relevant laws and the fact that the concept of doctrine is controversial. The authordescribes the more popular doctrine of the five in the first part of which, whether adoctrine that can not be separated from the legal norms and objective facts. Although thelegal facts and objective facts are sometimes not the same, but they are based on objectivefacts, but with the legal norms and judicial main subjective activities have a closerelationship, it is a subjective and objective facts. The same time as the product of legalnorms and legal systems, legal facts is undoubtedly a specification of facts and the factsof the system. In judicial activities, it is the facts as found by a judicial body.The second part of the facts and norms of interaction explanation. Is called a legalfact, is the premise of legal norms. Laws and regulations pre-set the facts, but not all thefacts to include them, but also that not all the facts and legal norms-one correspondence.In the legal norms applicable to the specific case, the inevitable legal norms to explain tothe facts of the case. Similarly, the practical significance inherent in the legal norms alsoneed to be clear by the fact.The third part is the fact that the evaluation and valuation. Judicial activities of themain body involved in the program, necessarily involves the main body of legal normsand the fact that understanding. Any judgment will be involved in the end the judge offact or value judgment. The administration of justice in the fact that norms and the valueof connection, and then make a judgment.The fourth part of the legal findings of fact. The first discusses methodologicalissues, to analyze the judicial activities of the main point of legal fact occurs, how tomake judgments. Emotional, rational, experience and judgment are inseparable from the participation of the main body of Justice, of which the scientific method attempts toreplace the subjective judgments, but this method is highly controversial in some areas.Legal findings of fact can not be separated from the rules of evidence. In this section, theauthor describes the procedures and results of the legal findings of fact in the evidencesystem. Legal findings of fact, introduced into the dynamic judicial proceedings whichspecific analysis of the formation process of the legal facts.