The Meaning Of Theory “System Of Facts" To The System Of Law

System of fact is an important concept put forward by J.R.Searle. In order to fight back against the anti realism of sociology, he made the distinction between system of facts and original facts. The original fact is independent of human attitudes and emotions, which emphasizes the objective reality of the material. But the system fact is the fact that the standard limits, at the same time it also has the purpose and the value factor, is a kind of fact which is related to the human practice. In the field of law, the first use of the system is the concept of the system of law. The system law put forward a kind of new legal ontology view, think that the law is a kind of system fact, it also includes three aspects of value, norm and fact. Analytical positivist jurisprudence since its inception has been hit by attacks from sociology of law, natural law school and critical, under many accused, through several generations of law everyone to develop improved analytical jurisprudence gradually exposed its theoretical defects. In this context, in order to find a new way to the theory of troubled analysis of law, as the camp as an important member of system of law put forward the theory of system of facts, and system of facts as its theoretical cornerstone, comprehensive use of analysis of empirical, empirical social reconciliation release method to obtain legal knowledge, successful realized the communication between law and morality, law and fact. So the system of fact is the core concept of the system of law, and plays a fundamental role in its theoretical system.The structure of this paper is divided into five parts. The first part is the introduction, which discusses the research background, research significance, research ideas, research methods, as well as previous research results. The second part is the research on the category of system fact. This part first, the concept of the system, such as the fact that clarify analysis and define the meaning of system of facts;, followed by the dynamic study of the history of the origin and the development of the facts of the system. Finally, on system of facts and law of another important concept of legal facts do contrast analysis. The third part is the system of fact of the system of law legal ontology concept of contribution, the system of law with respect to the previous analysis of law proposed a closer to Legal Ontology of legal realism theory, that the law is a kind of system of facts. Obviously, the theory of the system has a fundamental role in the system of legal science. The fourth part is about the contribution of the theory of system facts to the methodology of jurisprudence. The method of ontology and methodology is closely linked, is system of fact itself contains the value, norm and the fact that the attribute determines the law system in the theoretical analysis of the comprehensive and the use of empirical analysis and social positivism and hermeneutics. The fifth part is the guiding significance of the theory of system facts to the construction of the rule of law in china. China is currently in a critical period of social transformation, social contradictions highlights. How to ensure the authority of the law at the same time, but also to make people consciously abide by the law, which is placed in front of the problem of the construction of the rule of law. System fact theory pays attention to the legal system as well as the practical aspects of the legal system, but also emphasizes the moral and value factors behind the system ". Therefore, the author believes that the system theory can be a good solution to the current plight of the rule of law in china.