Constitution and breakthroughs of laws of law evidence
March 17, 2021 08:48 Source: "China Social Sciences" March 17, 2021 Total 2127 Author: Hu Changming

So -called Empirical Research,"At the level of research method,It corresponds to speculation research,refers to the qualitative and quantitative analysis of relevant information in accordance with certain procedure specifications and empirical rules in specific social situations "。Brief words,Empirical research is a research method relative to standardized research,It advocates the use of inductive methods to analyze legal phenomena、Make an explanation。 Although empirical research is still relatively small in law research,But the empirical method is made by investigating and researching the law、How to run,Analysis of legal practice,Put forward a practical solution,Can overcome traditional legal research from theoretical to theoretical empty and deficiencies,This constitutes a reflection and supplement to the study of traditional legal norms。

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First,Observation Legal Practice。Law is a practical science,If you only conduct research at the "Ying" level,What the conclusion should the law be reached,Disclosure with social life,Such research lacks long -term vitality。Empirical research usually draws nutrients from legal practice,Theoreticalization of practical materials,Discover and analyze the problem、Explanation cause,often can draw conclusions to guide legal practice,More in line with the practicality of legal research。

Second,Conclusion can bet365 best casino games be verified。Traditional normative laws use legal provisions or legal texts as research objects,Mainly use logical methods to prove the author's point of view。Due to the different opinions of everyone、Different evidence I have,Often get different conclusions,And often the public says that the public husband is reasonable,Standing at different angles,It is difficult to convince the other party。For example,History of the famous Hart and Fuller's argument about law and moral propositions,Both parties have fully demonstrated their point of view,Consistent with logic,But after all, I can't convince the other party。​​Empirical research starts from empirical materials,Use statistical knowledge、Quantitative analysis,The conclusions obtained can often be verified,Have strong persuasion。

third,Study in China。In the 1980s, someone proposed the view of "naive law",Direct confusion of the development of Chinese legal development。The reason why the law is "naive",The key lies in the lack of unique research methods in law research,or traditional legal research methods are not enough "science"。Empirical research is usually based on legal data and case research,Its foundation is inferences of mathematics,It is often more cautious when drawing the conclusion,There is a point of data to say a point。From this,Make legal research closer to science,Get rid of the name of childish。In particular, studying China's legal phenomenon and legal issues in particular,Can highlight some special problems in Chinese law,Bet365 app download It helps to make the contribution of the Chinese academic community for world legal research。

fourth, Wide application prospects。Laws, especially legal practice activities, generate a lot of research materials,Judgment Documents、Judgment Documents、Legal provisions,These materials provide a lot of rich first -hand information for empirical research,Slightly sorting can become the most appropriate raw material for legal research,So,There are many topics and research ideas to be tapped。

  Constitutional factors

First, the level of legal data is insufficient。Although China's legislation、Justice、Law enforcement agencies pay more and more attention to the disclosure and transparency of data,But the public time is short、Concept limitation and other factors,The data of empirical research in China is still scarce,In particular, the continuous statistics of authority are incomplete,Many inconveniences to empirical research。Legal evidence research is facing the dilemma of "clever woman is difficult to cook without rice"。For example,As of December 2020,Chinese referee documents have more than 100 million referee documents on the Internet。But some scholars have found out,"More than half of the documents have not been published on the Internet。Some have significant social impact、Cases that the public cares about,Can't find it online "。The openness of Chinese referee documents needs to be strengthened。

Second is the long empirical research cycle、High research costs。Law empirical research requires researchers to collect、Investigation、bet365 Play online games Sort the first -hand information,This process often requires a lot of manpower、material resources、Energy。So,Good empirical research works often have a longer writing cycle,High research costs,Some empirical research requires multi -person cooperation or teamwork to achieve the perfect combination of jurisprudence and data processing。Delicate conditions often put forward higher requirements for empirical research。

Third is the lack of training for the research talent team of legal evidence。Most of the law scholars are "liberal arts students",Not sensitive to numbers,Data analysis is its shortcomings; and some economics、Statistical scholars' data processing ability is strong,but not sensitive to legal issues,The theme of even research is not legal in law。So,To make legal empirical research carry forward,It is also necessary to increase the professional training of empirical research methods and consciousness of legal science students,Enhance its data sensitivity、Data processing capacity and consciousness of refining legal issues。

Fourth, the theoretical conversion of research results requires more tolerance。Because empirical research has not yet become a mainstream research paradigm in the Chinese law,、The theoretical conversion platform of law evidence research is less、Law empirical research is mostly influenced by factors such as cooperative works,Empirical research works are still facing more challenges。Empirical works are in legal journals,Especially the proportion of core journals is far lower than foreign journals (some scholars statistical bet365 live casino games statistical research in Western modern social sciences accounted for 5 -sixths),Some scholars have invested a lot of energy for empirical research,But facing the difficulty of publication、Dilemma with low output,thus affecting its research enthusiasm。

Five is the empirical research itself is still in its infancy。Current,Chinese law empirical research is still in its infancy,Empirical research Basic specifications have not yet been formed,Most legal research studies still stay at the level of data simple statistics,Some data analysis、The deviation in the collation and even the errors still exist in large quantities,Scholars have not reached a consensus on the scope and border of law research on law。Domestic legal empirical research has not yet formed a clear style,I did not put forward my own unique insight,So,Need scholars need to strengthen communication at home and abroad、Learning,The basic specifications of legal research on law、Basic method、Basic theory,Promoting Legal Research level。

  Breakthrough bottleneck

First,Strengthen the use of empirical methods in artificial intelligence law research。Artificial intelligence with statistical science as an important foundation,It has natural affinity with empirical research。Big data and artificial intelligence can provide more materials for empirical research,and greatly improve the tedious basic data collection、Efficiency of finishing。and the improvement of the level of artificial intelligence thinking,depends on the collection of data、Finishing and analysis、Use,So,Statistical Bet365 lotto review analysis ability of empirical research and training,Become a key assistant to cross -border cooperation with artificial intelligence。Future,Law empirical research will definitely get higher attention and stronger vitality in the process of in -depth research on artificial intelligence law。

Next,The advantages of the quantitative research method in empirical research。According to Harvard University's research on the major progress of world social sciences from 1900 to 1965,Quantitative issues or laws account for two -thirds of all major progress。Empirical research methods have become economics、Sociology、Management、Mainstream research methods for population learning,Even began to be used in some humanities,such as history,Empirical research、Quantitative research has become a common trend of humanities and social sciences。

Last,Use empirical research to expand the boundary and depth of law research。Social science research is getting more and more refined,To build a grand theoretical framework、Research on traditional grand narratives is often difficult,Empirical research is good at conducting research from some legal details,In the future, it is more likely to expand the depth of the border and legal research of legal research。Of course,Although empirical research has broad prospects,It is recognized by more and more legal scholars,But when conducting legal research research,Be sure to pay attention to the combination of quantitative analysis and qualitative research,Both must not be abolished。Qualitative analysis is the basis,bet365 best casino games Determined the direction of empirical research、topic and value; qualitative analysis determines the depth of empirical research、The correctness of the conclusion and the degree of demonstration。

  (Author Unit: Institute of Law of the Chinese Academy of Social Sciences、National Rule of Law Index Research Center)

Editor in charge: Chen Jing
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