The Research Of Legal Principle's Defeasibility

The defeasible research has a long history.The existing research results have been filled with sweat.However,these studies focus only on the defeasibility of legal reasoning,and do not delve into whether the legal principle is defeasible.Is the legal principle defeasible?If it is defeasible,what kind of external performance it is and why is defeasible?What is the significance of studying the defeasibility of legal principles?By answering these questions,it is proved that legal principle is defeasible.This article mainly discusses the defeasibility of legal principle.The main point of view comes from Karsten Becker's "rules,principle,and defeasibility".In his article,he used defeasibility as a criterion for distinguishing principles and rules,and he believed that legal principles are not defeasible.The author believes that the legal principle is also defeasible.The article is divided into seven chapters,from the theoretical background,the concept definition,the external performance,the internal causes,advantage and negative impact.The first part mainly introduces the research status and theoretical background of defeasibility.The research status is divided into domestic research status and foreign research status.Domestic research started relatively late,but Research results have been very rich.From 2005.A large number of periodical,papers,books,and conference papers have emerged.In the theoretical background part,this paper discusses the theoretical basis of defeasibility,pragmatics,informal logic,and artificial intelligence.The second part mainly discusses the concepts of defeasibility and the distinction with other similar concepts.The defeasibility is different from the uncertainty and non-monotonicity.The defeasibility means that the judgment according to the current situation is correct and acceptable,but due to the appearance of new conditions,deny and questioning existing conclusions,makes the conclusion not correct.One of the features of defeasibility is retroactivity,which has negative effects on previous judgments.The third part deals with questions about the defeasibility of legal principles.Obtaining the point that legal principle is defeasible from Becker's article,then drawing the view that legal principle is defeasible from the "luzhou Legitimate Case".In the end,by refuting Becker's view,the legal principle is defeasible.The fourth part introduces the external performance of legal principle's defeasibility.This is a conflict between the legal principle and legal rules.It is an essentially conflict between legal principles and legal principles.The fifth part mainly discusses the intrinsic reasons why legal principles are defeasible.The sixth part introduces the significance and harm of legal principle's defeasibility to justice.The seventh part made a concludes that legal principle is defeasible.