The current research on legal formulation can be divided into methodology、Knowledge Theory and theory of ontology。Methodism to specify a specific legal technology or method，If the legislative expression technology used in the "clause" in micro -legislation is used;，Facing the facts unclear、Lack of evidence or opposite evidence，"Hanging" judgment of the facts，Apply the legal consequences of another fact。Knowledge Theory is a thinking structure that assists the recognition，Ru Kelison borrowed Fei Ingki's proposed philosophy to explain the concept of "legal subject"，He believes that "legal subject" is just a temporary creation of legal thinking to understand legal norms，It is the physical specifications of the law、Personalization。Ontology The formalities are at the level of ontology，That is the way of the existence of things，The law of the law is exactly the saying at this level。Actually，The law itself or its existence has a proposed nature。The law of the law is a relatively new topic，The connotation does not form a conclusion，But what can be expected is，It can bring inspiration and vitality to the current legal research。The research of this article focuses on the analysis of the main perspective of ontology。

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Since Hart，We put the "rules" in the central position of legal discourse，But，Some scholars point bet365 best casino games out，"Law 'is not just' rules' or 'principles'，It is a ‘existence’ first。In the country、Court、Legal person、Trust、Crime、Prison、Power、Ability、Bills and other typical legal terms，Law is a kind of entity、Incidents and things of things。Pulling attention back to the law can have a new understanding of the nature of the law "。Actually，System Law on Marriage、The facts of the contract and other systems of the contract are from the perspective of the law，and it is clearly mentioned that the system facts can also be called legal system。System law understands the law as a institutional facts，That is the facts and facts in the specification，and Cowfman understand the method as "the corresponding correspondence with the facts" and "the adjustment of the specification and facts".。This "correspondence" or "adjustment" is "class push"，Cowfman believes that "both the law and the legal understanding both have a class push personality"。Where is Kobeman，The proposed and class push can be painted for the same number，"The essence of the proposed is a type of push"。So，The "existing class push" doctrine borrowed by Kobeman also revealed that the law's proposed personality in ontology。

Legal facts as one of the institutional facts，and natural facts or original facts (brut fact，Translation of ruthless facts) Different，It depends on human rational construction。System jurist John Cael thinks，"Institutional facts exist in a system that constiturate the rules"，The formula of bet365 live casino games the constituent rules is "X as y"。This is also the thinking structure of the legal formulation。Legal fact (Y) is not a natural fact (x)，It is the product of the legislators，Legal subject、Object、Behavior、Incidents are all legal facts formed by the legal significance of natural facts，Legal facts are legal formulation，The legal world is planning to come from。

　　Relationship: Law and Fiction

LEGAL FICTION can be translated as a legal formulation，can also be translated as legal fiction，Some scholars define it to be developed as "decision fiction"，Both can almost equate。In the Chinese context，"Fiction" is more general，More various occasions，If in novels、Drama、Model Art、Myth、Moral、Model、Mathematics and Basic Physics are all used。The research of law and fiction involves cross -disciplinary disciplines，Especially from the perspective of philosophy or discuss the law from the perspective of literary fiction。

FictionAlism in philosophy means that it is not true to know that a certain kind of discourse is not true，But I don’t pierce，Instead, pretending to believe it is true，Still participating in the words，Considering Action。Fictionalism has achieved greater success in the moral field，But the discussion in the legal field is rare。We believe that the basic form of form that the law needs to meet，As general、Clear、Systematic、Stability、Public、Consistence, etc., all have fictional characteristics。Specifically，General rules are artificial classification of people and behaviors Bet365 lotto review in reality，Is the result of abstract thinking，Therefore, it has the characteristics of fiction; the open structure of the concept or words itself (the core and the blurred edge) make the law absolutely clear;、A closed perfect legal system without contradictions is just a fictional myth; exercise and changes are absolute，Social changes are not dwellings，Stable codes control a static society is just an ideal picture; law announcement is the decision of the legal time and space of legal information and the extension of psychological cognition、As of one point as a distributed end point，It is "considered" to reach the well -known level; from the perspective of philosophical interpretation，It is impossible for the government and the people to understand the law.，Therefore, it is impossible to maintain the same behavior as the law。Free Law、Law Sociology、Real Law、Critical laws and other anti -basic laws are because of seeing the above fiction，Degraded the rule of law, that is, the law of the law, degrades to myths、Lies，The road to deconstructing the rule of law。But，For general、Clear、Systematic、Stability、Public、Consistence and other laws or the discourse of the rule of law，We can hold a fictionalist position，See them as "useful fiction" and keep it for。So one here，Anti -basic law provides a perspective in helping us recognize the fiction of the rule of law，Just pay attention to，We should not recklessly abandon these fictional words that have created a splendid rule of law。Even if there Bet365 app download is a fictional nature of the rule of law，Some people even propose "the impossible possibility of the rule of law"，But just as Fei Inge is a fictional name，It is not derogatory，It refers to a suitable invention and creation，This invention or fiction makes all civilized life possible。

Compared with legal and literary fiction works，You can see many common points between the two。First，Laws and fictional works constitute a closed preferry context.，In this context, no matter how strange it seems to be outside the language，In this context, it is true、Self -consistent。Next，Law and literary fiction works The facts created by words and behaviors，The field of "Saying So Makes It THAT THAT SO) (Saying So Makes) (Sel's theory is debut again)。Law is an expressive artifact (Expressive Artifact)，The difference between it and literary fiction lies in its authority、time and space。So，Horse believes that law is an authoritative fiction。Literary Fiction of the Law Revelation is far more than this，Another example is the pretens of the pretense theory (Pretense Theory) to explain the formation of the fictional world by explaining the "genetic principle"，The principle of generating sexuality to fiction is like constituting the rules of sexual facts or law，There is a similarity between the two。There is also a metaphor for Devkin's philosophy about law and literature fiction，He believes that ordinary law is a serial novel，Judge referee is like writing novels，On the one hand, respect the previous article，Content bet365 Play online games structure that meets the existing chapter，On the other hand, we must follow the standard of "good" novels，Work hard to write a good novel。

　　Significance: Proved legal autonomy

One of the significance of studying the body theory is to prove the autonomy of the law。Discuss the law from the perspective of institutional facts，or discuss the law from the perspective of fictionalism，Still compare the law to literary fiction works with their own logic，can be used to prove the autonomy of the law。In other words，The formulation of law and the rule of law (the rule of law) determines its own logic。The law of the law is to adjust the society、Reform society，instead of blindly adapting to society。Emphasizing the perspective of the law to adapt to the society forgotten the original intention of the law，or forgotten the law of the law。"The law is not to adapt to society，Mainly transforming society。The legal system generated by the legal system of law，It is the product that is separated from society。Whether it is behavioral specifications、Thinking Rules、The mechanism system, etc. are all out of the shaping of 'Natural Society'。Understanding of the laws of the society that has been 'separation'、Explanation and use，Need to be based on the general nature of the law、Stability、fixed、Systematic, etc.，instead of returning to social reality，Pure social vision、Scientific methods to determine the meaning of the law。"The core of the rule of law is not starting from the reality of solidification，Instead, the law processed bet365 Play online games from the law planned from the dynamic change of social reality，The logical starting point of legal thinking should be based on realistic legal itself，instead of "jumping out" law。So，Legal fiction provides new observation ideas for the doctrine and social science law disputes。

　(Author Unit: Institute of Law of Shanghai Academy of Social Sciences)