Finding Out Law And Innovating Law

It is necessary to use logical thinking in process of legal research on Chinese Law.However, special professional training is not necessary for research using logical thinkingtools, because such thinking tools comply with rationality and consolidate into a full thinkingsubject modes in the process of daily study. Once there is a dilemma, which could be aninertia of thinking and logical thinking, which is called knowledge barrier by Buddhism andConfucianism, it is necessary to use professional knowledge of legal logic thinking. Machinistis not necessary for driving planes, but for maintaining planes. Compared with developmentof the same stage of natural science, research on legal system had a long way to go. Much ofmodern Chinese legal concept and legal system came from western developed countries andareas. Difference between outcome legal system and native society have become a barrier forour country’s development. So, it is necessary for us to deal with such problem which ismaking a comment on Chinese style on logic thinking and legal localization.This article using analogism could be divided into five parts. This first one is aboutrecognition on thinking, makes a discussion on essence and forms of thinking and mainlyanalyses the regionality, homoplasy and stability of people thinking. The second part is aboutthinking and behaviour and analyses the relationship between thinking and behaviour,important method of improving people’s legal faith on the basis of behaviour is from distancebetween thinking and actual law, feasibility of legal transplant. This part emphasizes theimportance of law is from the mode of people’s thinking and the importance of Chinese stylelogic thinking for Chinese legal research and legal construction. This third part is about logicmethod in Huangdi Neijing and it makes a good introduction on Chinese logic thinking usingsome normalized method. This forth part is about the difference between finding law andinnovating law. This last part is an epiloque on this article’s emphases. In all, the aim of this article is to get a fundamental standard for process of producinglaw from logic and not for building a concrete process of law legal reasoning. This articlemakes a contrast on traditional Chinese medical science and administer a country by law andfinds out the similarity between doctors for patients and scholar’s run a state by law.Combining the logic in Huangdi Neijing, it presents a method of thinking.