The Study Of Lawyer Thinking In Civil Litigation

Heweifang, a professor at once in the context of the legal professional community construct mentioned "law is also a subject that is difficult to popularize. Letting everyone to be his lawyer is very difficult. Such a unique set of legal knowledge is embodied in the uniqueness of language, which is embodied in the uniqueness of our behavior. We are the differences between the general public and the society, which is a typical law applicable of the language, knowledge and technology." From the sentence, we can see a lawyer as a legal person not only differ from the average person thought, but also differ from other legal person such as judges and prosecutors. This is because that the lawyer has matched its occupation, identity and social status of a special kind of way of thinking. So this article mainly studies the thinking of lawyer as the subject. And the thinking of lawyer in the court of civil case is the breakthrough point. The article consist three aspects that discusses the specific measures, specific as follows: The first part, the author first theoretically expounds the components of civil lawsuit law thinking which is mainly composed of the main body of law thinking and subjective elements, the object of law thinking, law thinking way and the procedure of the law thinking of four aspects; Secondly according to cultural inertia and affecting the formation of law thinking and value orientation paper expounds two aspects; Again the basic principles of civil litigation law thinking in a simple list refers to the rights and obligations benchmark principle, the principle of procedural justice, litigation principle of reason and legal facts; Finally by comparing civil litigation lawyers and prosecutors and judges thinking characteristics, which induces the civil litigation law thinking in the three major characteristics of the interest orientation, orientation and diversity. The second part, the author combines the mainly in the judicial practice of lawyers in the civil lawsuit in four types of common law thinking, the first is the lawyer's "into" phenomenon including the formation of lawyer "into", "into" approach and lawyer "into" purposes; The second category is the law of conflict and the judge thinking, mainly expounds the lawyers and the judge thinking in the practice of the cause of the conflict has both the conflict of performance; A lawyer for the third type is mainly aimed at civil lawsuit phenomenon of "syllogism" hard to list; Fourth class because lawyers wrong values orientation part of attorney blending your phenomenon in practice, and from the Angle of social and historical culture, also analyzed the main reason of this situation. The third part, in view of the second part describes the thinking, combined with its cause and puts forward some specific solutions. For screwing the lawyer's thinking mode is put forward a kind of new type lawyer thought pattern which artisans thought; For lawyers and the judge thinking conflict this phenomenon put forward the lawyers and the judge thinking docking scheme and argumentation in specific case; For lawyers curt to paraphrase "syllogism" induction and analogy way of thinking was put forward and in combination with civil litigation practice of the application of the "big data" case and guiding cases are discussed; For lawyers error values orientation of the problem put forward the bar association to strengthen the education of law thinking quality improve specific Suggestions and measures.