Fuzzy Logic And Application Of It In Judicature Practice

Human beings create language aims to seek relative certainty, seek the relative certainty of knowledge, and since the beginning of the creation of language, we will have to face many problems caused by the fuzzy language, and the human for the study on the fuzziness of language is enduring, especially in Chad (L.A.Zadch) has been proposed " fuzzy sets theory in1965, the fuzzy theory is gradually generated and established, and the fuzzy logic which is produced in the process of the development of the. Fuzzy logic is a branch of fuzzyLanguage is interpersonal communication tools and thinking carrier, mankind has created language to satisfy communication. Its tools significance is to seek the relative certainty of knowledge, communication and exchange. Since the beginning of the creation of the language, we have to face many problems result from linguistic fuzziness, research on language fuzziness prolonged, especially L.A.Zadch proposed the theory of fuzzy sets in1965, fuzzy discipline has been emerged and established gradually, fuzzy logic is precisely engendered and developed in this process. Fuzzy logic is a new discipline of the modern application logic, but also an important branch of fuzzy mathematics. It combines mathematical with logic closely, portray the fuzzy things with the membership and membership functions, and gets rid of the fetters of the traditional two-valued logic. From the above sense, fuzzy logic research not only impacts on traditional logic, but injects fresh blood to the research of traditional logic. The discussion of the fuzziness and accuracy of language aptly interpret the discussion of judicial philosophy. At the same time, the essence of the fuzzy logic is certainty of connotations and uncertainty of extension, which fundamentally determines the intrinsic quality of the strictly judicial, and not apply active judicial thoroughly or even an abuse the judicial power.This thesis mainly used fuzzy logic to discuss the case of WuYing, the effect on the administration of justice from vague language, and trying to explore the vagueness of the language from the controversial of the case of WuYing, study the discussion of judicial philosophy during examination of fuzzy logic. Take the case of WuYing for example, from the elements of the crime of fund-raising fraud, what is illegal possession for the purpose? What is a fraud? What is illegal fund-raising? All seem to be a problem of fuzzy language. In judicial application process, difficulties such as these abound, it is also based on this, it was argued active judicial. However, the accuracy of the language was ignored, the ambiguity of language just refers to the fuzzy of fringe concept, not referred to the center of the connotation is fuzzy. Thus, in judicial practice, the legal provisions must be strictly controlled within the law, and not too literally, subjectively. Otherwise, it can easily cause harm to the legal stability, the function of judicial will be of no avail, which given sub-ended contention and insists on the last line of defense of social justice.The thesis mainly includes the following five parts:The first is the introduction. It mainly elaborates the problem of the origin, the central theme and research of the thesis, summarizes research methods and the purpose in the process of thesis writing.Chapter I mainly explores the discussion of the linguistic fuzziness from the discussion of the case of WuYing. The first, from the focus of controversy of the case of WuYing to allude, that is to say, what is financial fraud. Secondly, the study of linguistic fuzziness strife.-the focus of financing fraud from the case of WuYing whether her behavior is consistent with three constituent elements-illegal possession, fraud and not specific illegal fund-raising. Especially, the different understanding for the three constituent elements thanks to the linguistic fuzziness to further explore the discussion result from language fuzzy.Chapter II explores language fuzziness, Fuzzy logic, development and application of it in judicature practice. The first section is mainly to expand linguistic fuzziness and generation of Fuzzy logic, value of application of it in judicature practice. Linguistic fuzziness has always been affected on human, at the same time, human research on linguistic fuzziness accompanied born. However, until L.A.Zadch proposed the theory of fuzzy sets, this problem becomes increasingly professional and promotes the emergence of the new discipline of fuzzy logic. Precisely, in the analysis of the case of WuYing, fuzzy concept, fuzzy proposition, fuzzy reasoning of fuzzy logic system highlight the tremendous value of judicial applicable. However, due to the misconceptions of fuzzy logic, so that people had questioned the role of fuzzy logic, the second section is mainly to figure out the error of fuzzy logic, further point out that led to a prosperity or a loss will be ruined, which derived from the dispute of ambiguity and the accuracy of the language; The third section is mainly to explore on the basis of the dispute of ambiguity and the accuracy of the language.Chapter Ⅲ continue to expand the unsolved problem of controversy of vagueness and accuracy of language on the basis of chapter Ⅱ, especially use the essence of fuzzy logic to complete the determination of the dispute on judicial philosophy. Language’s dual properties-the vague and precise, which leads to the controversial of judicial philosophy:to start from the vagueness of the language perspective, that the judicial philosophy should be active judicial, However, from the perspective of language accuracy that justice philosophy should take strict judicial, rather than active judicial, analyzing the case of WuYing to identify word games of the case, rather than fuzziness of language, especially using the accuracy of language to analyze the case, complete with the substance of the fuzzy logic to redress the discussion of the judicial philosophy. Fuzziness is the essential attribute of the language, but the vagueness of the language is that it referred to the center of the connotation is determined just the fringe of the concept is vague, it is precisely this sense that, in judicial practice, the legal provisions must be strictly controlled within the law, and not too literally, subjectively. Otherwise, it can easily cause harm to the legal stability, the function of judicial will be of no avail, which given sub-ended contention and insists on the last line of defense of social justice.Chapter Ⅳ-the epilogue of the thesis to explore the application of fuzzy logic in the administration of justice on the basis of the foothold of chapter Ⅲ, stresses that it is due to the vagueness and accuracy of the language that makes us sensibly treat the steering of judicial philosophy in judicial practice:The premise of strict justice down to explore the problem of active judiciary, that is to say, active judiciary must be within the range of the constitution and the laws of judicial activism, rather than abuse of judicial power transcending the constitution and the laws.