Current research on legal fiction can be divided into methodological fiction、Epistemological fiction and ontological fiction。Methodological fiction refers to a specific legal technique or method，Legislative expression techniques such as "deemed clauses" used in micro-legislative fiction；In the judicial fiction of common bet365 new user promo countries，Facing unclear facts、Lack of evidence or contrary evidence, etc.，"Suspend" judgment on this fact，Legal consequences of directly applying another fact。Epistemological fiction is a thinking structure that assists cognition，For example, Kelsen borrowed Feinger’s fictional philosophy to elaborate on the concept of “legal subject”，He believes that "legal subject" is just a temporary creation used by legal thinking to understand legal norms，It is the materialization of legal norms、Personification。Ontological fiction is at the ontological level，That is, discussing fiction in the way things exist，The fiction of bet365 new user promo is expressed at this level。Actually，The bet365 new user promo itself or the way it exists has the nature of fiction。The fiction of bet365 new user promo is a relatively new topic，The connotation has not been concluded，But what can be expected，It can bring inspiration and vitality to current legal research。The research of this article focuses on the analysis from the perspective of ontological fiction。

　　Ontology: Fictional view of bet365 new user promo facts

Since Hart，We put “rules” at the center of legal discourse，However，Some scholars pointed out，“‘bet365 new user promo’ is not just ‘rules’ or ‘principles’，It is first of all a kind of ‘existence’。In countries such as、Court、Legal person、Trust、Crime、Sentencing、Power、Ability、In typical legal terms such as bills，bet365 new user promo is an entity、Events and states of things。Drawing attention back to the existence of bet365 new user promo can lead to a new understanding of the nature of bet365 new user promo”。actually，Institutional bet365 new user promo on Marriage、The elaboration of institutional facts such as contracts is from the perspective of legal existence，And it is explicitly mentioned that institutional facts can also be called legal fictions。Institutional jurisprudence understands bet365 new user promo as institutional fact，That is, facts in norms and norms in facts，Similar to Kaufman’s understanding of bet365 new user promo as “the correspondence between what should be and what is” and “the adjustment of norms and facts”。This "correspondence" or "adjustment" is "analogy"，Kaufman believes that “both bet365 new user promo and legal understanding have the character of analogy”。And in Kaufman，Fiction and analogy can be equalized，“The essence of fiction is an analogy”。Therefore，The theory of "existential analogy" that Kaufman draws on also reveals the ontological fictional character of bet365 new user promo。

bet365 new user promo facts as a kind of institutional facts，With natural facts or original facts (brute fact，Also translated as ruthless facts) different，It relies on human rational construction。Institutional jurist John Searle believes，“Institutional facts exist only within a system of constitutive rules”，The formula of the constitutive rule is "X counts as Y"。This is also the thinking structure of bet365 new user promo fiction。bet365 new user promo fact (Y) is not natural fact (X)，It is a product of legislators，bet365 new user promo subject、Object、Behavior、Events and other events are bet365 new user promo facts formed after giving bet365 new user promo meaning to natural facts，bet365 new user promo facts are bet365 new user promo fictions，The bet365 new user promo world is made up。

　　Relationship: bet365 new user promo and Fiction

Legal fiction can be translated as legal fiction，Can also be translated as legal fiction，Some scholars define fiction as "decisive fiction"，The two are almost the same。In Chinese context，The word "fiction" is more general，More diverse use occasions，Ru Zai Novel、Drama、Plastic Art、Myth、Morality、Modal、Used in fields such as mathematics and basic physics。The study of bet365 new user promo and fiction involves interdisciplinary subjects，Especially explore the bet365 new user promo from the perspective of philosophical fiction or from the perspective of literary fiction。

Fictionalism in philosophy refers to knowing that a certain statement is not true，But it doesn’t expose it，But pretend to believe it is true，Still participating in the discourse，Think and act accordingly。Fictionalism has achieved greater success in the moral field，But there are not many discussions in the legal field。We believe that the basic formal requirements that the bet365 new user promo must meet，As general、Clarity、Systematic、Stability、Publicity、Consistency, etc. are all fictitious。Specifically，General rules are artificial classifications of people and behaviors in reality，It is the result of abstract thinking，Therefore, it has the characteristics of fiction；The open structure of the concept or word itself (determined core and fuzzy edges) makes absolute clarity of bet365 new user promo impossible；No vulnerability、A closed and perfect legal system without contradictions is just a fictional myth；Movement and change are absolute，Society is also constantly changing，A stable code controlling a static society is just an ideal picture；Legal announcement is a human decision-making process during the extension of the physical time and space and psychological cognition of legal information、Cutoff at one point as the end point of the spread，Being "regarded" to the extent that everyone knows；From the perspective of philosophical hermeneutics，It is impossible for the government and the people to have a consistent understanding of the bet365 new user promo，So it is impossible to behave consistent with the bet365 new user promo。Liberal bet365 new user promo、Sociology of bet365 new user promo、Realistic bet365 new user promo、Critical jurisprudence and other anti-fundamental jurisprudence are precisely because they see the above fictitiousness，Relegating the rule of bet365 new user promo, that is, the rule of bet365 new user promo, to a myth、Lie，Towards the road of deconstructing the rule of bet365 new user promo。However，For generality、Clarity、Systematic、Stability、Publicity、Consistency and other legal or legal discourse，We can take a fictionalist position，Keep them as "useful fictions"。This way，Anti-fundamental jurisprudence provides a perspective that helps us recognize the fiction of rule of bet365 new user promo discourse，Just something to note，We should not be as reckless as they are in abandoning these fictional words that have created a splendid legal civilization。Even if the rule of bet365 new user promo is fictitious，Some people even proposed the "impossibility of the rule of bet365 new user promo"，But just as Feinger justifies fiction，It is not derogatory，It refers to an expedient invention，Such an invention or fiction makes all civilized life possible。

Comparing bet365 new user promo with literary fiction，You can see many similarities between the two。First，bet365 new user promo, like works of fiction, constitutes a closed prefixed context，No matter how bizarre the words in this context may seem outside the context，Everything is true in this context、Self-consistent。Secondly，The fact that legal and literary works of fiction are both creations of speech acts，Belongs to the field of "saying so makes it true that so" (Searle's theory appears again)。bet365 new user promo is an expressive artifact，The difference between it and literary fiction lies in its authority、Space-time。Therefore，Mammer believes that bet365 new user promo is an authoritative fiction。Literary fiction has far more implications for bet365 new user promo than just that，Another example is Walton’s Pretense Theory, which explains the formation of the fictional world by elaborating the “generative principle”，Generative principles are to fictional works what constitutive rules are to institutional facts or legal fictions，There are similarities between the two。Another philosophical thought about legal and literary fiction is one of Dworkin’s metaphors，He believed that the common bet365 new user promo was a serial novel，A judge’s decision is like continuing a novel，On the one hand, we must respect the previous text，Content structure consistent with existing chapters，On the other hand, we must follow the standards of "good" novels，Strive to write good novels。

　　Meaning: Justify bet365 new user promo autonomy

One of the significance of studying ontological fiction is to justify the autonomy of bet365 new user promo。Whether it is exploring bet365 new user promo from the perspective of the construction of institutional facts，Or explore the bet365 new user promo from the perspective of fictionalism，Still analogize the bet365 new user promo to literary fiction with its own logic，can be used to prove the autonomy of bet365 new user promo。In other words，The fictional nature of bet365 new user promo and the rule of bet365 new user promo (the rule of bet365 new user promo) determines that it has its own logic。The fiction of bet365 new user promo is to adjust society、Transforming society，Instead of just adapting to society。The view that emphasizes the adaptation of bet365 new user promo to society forgets the original intention of legal fiction，In other words, we have forgotten the fictional nature of bet365 new user promo。“Laws are not created to adapt to society，Mainly to transform society。The legal system produced through legal fiction，It is a product of being separated from society。No matter the code of conduct、Thinking rules、Mechanisms and systems are all shaped away from ‘natural society’。Understanding of laws that have become ‘out of touch’ with society、Explanation and application，Need to rely on the generality of the bet365 new user promo、Stability、Fixity、Systematicity etc. play a role，And cannot completely return to social reality，Purely from a social perspective、Scientific method to determine the meaning of bet365 new user promo。”The core essence of the rule of bet365 new user promo is not to start from the solid reality，Rather, it starts from the laws that are formulated to adapt to the dynamically changing social reality，The logical starting point of legal thinking should be the bet365 new user promo itself based on reality，But cannot "jump out" of the bet365 new user promo。Therefore，Legal fictionalism provides new insights into the debate between legal doctrine and social science jurisprudence。

　(Author’s affiliation: Institute of bet365 new user promo, Shanghai Academy of Social Sciences)