On The Affirmation Of The Legal Fact

The study of legal facts were more concentrated in the field of evidence scienceof law and procedural law,but less concentrated in the philosophy foundation meaningof legal facts and legal facts method from the angle of jurisprudence. Research on thepractice is important, but the importance of theoretical study of the same can not beignored, in this article, on the basis of previous research to further deepen theunderstanding of issues related to the legal facts.As a important part of legalmethodology and one of the object of legal interpretation, its worthy to do furtherresearch.This paper is divided into four parts:The first part based on the interpretation and explanation of the concept of legalfact.The combine the debate of objective reality and legal reality problem make adiscussing further how to recognize the real property of law fact.Finally, combinetheory and practice,suggest the possible solution.The second part first explain the development of method of identifying the legalfacts in chronological,the development from irrationality to rationality, developmenttrend of cognizance method and then summarize the legal fact.From the discovery ofjudgment,there may be some factors in the process and methods of legal factdiscovery and judgment, Then try to find subsequent analysis in the legal fact issuesfrom the legal perspective,which improved the necessity of the explain of the legalfact leads to explain, clarify the interaction between law and fact.The third part focuses on the specific method that the judicator used to rebuildthe whole legal fact and how will it affects, including its necessity and a series ofproblems may arise.Mainly divided into evidence, judicial cognition, confession andthe presumption of fact, and the subjective initiative in combination with the judge and legal facts that influence the process,then put it forward in order to solve somespecific problems in practice and suggestions.The fourth part is on the basis of the previous text mainly introduced the methodof combine the facts and the law,include the conflict between them,and thenanalyzes the effect of the facts in this.Include the guidance role of the precondition ofthe major premise and the interaction between them,and the problems produced whendoing the judicial classified as well as the influence of subjective consciousness of thejudicator,to the fact that in the process of understanding and the influence of valueevaluation in the process of determine the fact.