Questions about the research objects of social science law,What is the problem of "what is the social science law?"。The reason is: a discipline,As long as its research object is a specific,So at least its existence is possible,Even in the name、Concept、Method Theory、Academic paradigm and other issues existing problems,There is still the need for improvement and improvement of improvement and improvement; on the contrary,If its research object is not existing or not established,So the concept of accurate concept、No matter how exquisite research methods、Research paradigm,It is also futile。Research object for social science law,The current research has not yet formed a clear theoretical consciousness。
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If the proposition of legal norms is the teachings of the law、Standardize the central theme of law or analysis of law,Then the central theme of social science law is legal facts proposition。Legal factual propositions Establish a relationship based on the relationship between law and facts。On the problem of the facts,Law and Social Sciences have an intersection: the legal specifications of law focusing on the facts of facts,Sociology、Economics、Anthropology and other disciplines The objective laws of research problems。On the issue of legal norms,Laws have different social sciences: Law research is mainly focused on legal specifications,Sociology、Economics、Anthropology and other disciplines pay attention to the facts of the law。At the same Bet365 app download time,The question of "how to treat the facts in the law",Inside the discipline of law,Analysis of laws and empirical research and social empirical research is also separating,Expand opposition,and fusion again。
At present, the research of legal facts in the legal community is mainly concentrated in three fields: civil and commercial law、litigation law and jurisprudence。In civil law,The mainstream understanding of the legal facts is: what stipulated in the legal norm can cause legal relationships、The specific phenomenon of changes and elimination。In litigation law,The consensus of objective facts and legal facts is: objective facts are the basis of legal facts,Legal facts are the reproduction of objective facts。In the study of jurisprudence,It is generally believed that legal facts are a standardized facts and institutional facts,Can be proved with evidence,It has legal significance。There are two problems in the above studies: first,The above understanding of legal facts is a understanding of a judicial perspective,And in legal procedures and legal methods, only the factual identification part of the law applicable,It is limited to the facts that occur or continue to exist in specific judicial cases,Therefore, it is difficult to obtain the complete meaning of legal facts。2,The above studies have been legal filtering、The facts of processing and regulations can be attributed to "facts in the law",The specification attributes of the facts are still their focus,and legal social science research must return to the essential attributes (that is, factual attributes) of "legal facts"。Research object of social science research as a legal,The proposition of legal facts Bet365 app download is divided into the facts of the law and the law as the facts。
Facts about the law
First,Legal basic facts,That is the facts behind the legal specification。The basic facts of the legal foundation are social facts within a specific space -time range that generate the foundation。Objective laws in social facts,The essence of things,is the basis that must be followed by legal specifications。The revealing of the essence of things is the academic task of social scientific research of the basic facts of the law,Through the research of the nature of things, it helps to achieve a jump that is engaged in reality to standardized,That is to serve legislative decisions。
2,Legal background facts,Social facts as the object of legal norm。The understanding of things not only determines legislation,Also restricts the application of the law of the law and evaluation of the law。After the law is generated,The social fact basis that the law depends on when the law is formulated. With the change of time and space, there is no repeated existence,Legal specifications are restricted by the conditions such as socioeconomic and political conditions within a wider range of space -time,This is the legal background fact。The rational understanding of legal background facts restricts the understanding of legal norms。Social Science Research on the nature of the nature of things in the facts of the legal background is a necessary composition to understand before legal norms。Through the study of social science,It can effectively make up for the insufficient knowledge of the regular facts of legal theory for the doctrine of the legal basis。
third,Law and other factors,That is, the specific social facts corresponding to the specific legal Bet365 app download specifications。Legal social science research not only helps the correct understanding of the prerequisite for legal reasoning,Analysis of social facts as a small premise is also indispensable。This is called the facts of law in the text,Also known as the corresponding facts of the law、Law culvert photography,mainly refers to the facts of case facts in judicial trials and illegal facts in administrative law enforcement、A survey of illegal facts during the survey investigation、Analysis and understanding。Social science research is not only the ultimate (as statement) case facts,It also includes the fact that unprocessed rich case facts。On the one hand,Social scientific research directly related facts is to solve specific factual problems in disputes in specific cases,The solution of these problems has no other substantial significance except this case。On the other hand,indirectly related general facts Social science research is the general conclusion of using social science as the theoretical background to determine the factual problems in specific cases。
Fourth,Legal effect facts。The degree of compliance of the essence of things in the law of law,During the implementation link, the correct understanding of the facts of the legal background and the accurate grasp of the facts of the law,Directly determines the facts of the facts of the legal effect。Legal effect facts are the social facts that the legal norms affect the social facts caused by society。The basic logic of the research of legal effect facts is as follows: First of all,Methods explained by legal,Clarify the legislative intent of the connotation in the text of the legal specification,This is the core work of the doctrine Bet365 app download of Fa; followed by,Through social science research,Objective evaluation of the implementation effect of laws and regulations,Data materials to explain the implementation or influence of the law and the differences between the legislators; finally,Legislative theory with value analysis as the core,Timely correction and repairs for the defects of the law itself,Proposal to reducing countermeasures to reduce the contrast between legal effectiveness and legal effect。Where,The second part is the core work of the social science research of law。
As a law of facts
The above four situations constitute the basic pattern of factual research on law。"Faith" in "Facts on the Law" refers,Instead, it refers to legal operation and legal development。Activities of all aspects of legal operation and the phenomenon of legal development have its own inherent regularity。Social science research as a factual law refers to,Use social empirical methods to study the operating behavior and legal development phenomenon of law,Show the real appearance of legal norms in society,Reveal the cause and effect of the cause and effect,Form a regular understanding of legal phenomena。
First,Legal operation behavior。Legal specifications can specify its own operation,This task is mainly completed by litigation law and non -litigating procedure law,but,Legal science cannot independently explain the operation of legal norms。The basic position of legal science determines its attachment to legal text,Unexpectedly, explains the phenomenon of causality such as legal operation behavior and legal operation outside the text。At this time, you need to jump out of the theoretical framework of normativeism to make a second -order bet365 live casino games observation for the law of the facts。This is a kind of "thought laW),instead of "Thought of Law。For legislation、Justice、Organization sociology operated by law enforcement subjects、Administrative Management Studies,Behavioral economics for citizens' law -abiding behaviors、Study on behavioral psychology and even cognitive neuroscience,For revealing legislation、Justice、Law Enforcement、The true logic of legal operations in the links of law and legal supervision is greatly beneficial。
2,Legal development phenomenon。Natural changes exist in law,The development of social history also has laws。The development of human society exists,The development of the legal phenomenon as a social phenomenon also has specific regularity。"The focus of legal development is not legislative、Not in Law、Not in judicial judgment,and in society itself。"" This proposition shows us an indispensable central theme about the research of legal development: Focus on society,Back to history。These laws of the development of law cannot be understood from the law itself,To seek the cause from the society。More precisely,Legal development itself is a social phenomenon,Contents of causality or correlation in this social phenomenon,All social scientific research that requires laws to answer,This is the empirical research of the law.。In China,Through historical sociology、Development Economics、Social Economics、Political Economics、Cultural Anthropology and other social sciences to study the development of laws have general and special significance: on the one hand, it can reveal the production of the law、The historical process of development and its Bet365 lotto review objective laws,Discover the general laws and general models of legal development; on the other hand,This research will serve the modernization of rule of law with Chinese characteristics in the context of exploring globalization。
(Author Unit: Guanghua Law College of Zhejiang University)
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