1. Legal thinking is a way for the subject to know the object.
The subject of legal thinking refers to legal professionals, mainly including judges, prosecutors and lawyers. Object refers to legal norms and objective reality.
2. Legal thinking is the thinking process from phenomenon to essence with legal truth as the minimum standard.
The objective facts that enter the legal field of vision often present complex and chaotic phenomena. Behind these phenomena lies the qualitative stipulation of things. As a rational way of thinking, legal thinking needs to analyze and deal with a large number of phenomena. Although legal thinking is a thinking process from phenomenon to essence, this kind of thinking is based on the realization of legal truth, that is, the so-called legitimacy is superior to objectivity.
3. Legal thinking is based on the legal knowledge and experience of legal professionals.
What is relevant to legal professionals is not only the whole legal norms, but also the concrete facts. Legal thinking cannot be created out of thin air, but must be based on "foresight" of things. Legal professionals must have profound legal knowledge when using legal thinking, otherwise there will be no basis and direction for thinking about legal issues.
4. Legal thinking is based on legal norms and objective facts.
The logical starting point of legal thinking is the natural facts or cases that enter the legal field of vision, including time, place, people, behavior, motivation and so on. Legal thinking distinguishes natural facts from legal facts through the requirements of legal norms, and constructs on this basis to distinguish the nature of legal facts.
5. Legal thinking is guided by the concept of rule of law and aims at stopping disputes.
As mentioned above, legal thinking is a legal method, which is not only the condition to realize the rule of law, but also the inherent requirement of the rule of law itself. Legal thinking under the guidance of the concept of rule of law will be discussed below.
In most cases, legal thinking is a process of judgment, with conclusions and reasons as the result, and its practical significance lies in the determination of disputes, that is, closing the case. Grading is to judge whether the dispute is right or wrong, and stopping the dispute is to judge according to law on the basis of judgment and give legal conclusions and reasons. Here, the purpose of law and the result of legal thinking form a fit.
Extended data:
Steps of legal thinking mode:
1, the program takes precedence, that is, the program is superior to the entity;
2. Master the use of legal terms and observe, think and judge things from the perspective of legal persons;
3. Keep the habit of going back to the past, slowly but surely;
4, strict logic, cautious about emotional factors (objective and fair, based on facts and taking law as the criterion);
5. Make more factual judgments and less value judgments in the process of exploring things;
6. Pursuing procedural justice and pursuing the essence of things on the premise of procedural justice;
7, there is always a single conclusion, yes or no clear boundaries and need to judge.
The rule of law first requires legal persons to have professional legal thinking. But this kind of legal thinking is often not understood by ordinary people, and sometimes the judge's words can easily arouse public anger. There are many reasons here. For example, some judges will break the law, and they are the final judges of disputes. Now so many social contradictions are concentrated on judges, which is the reason that everyone can observe.
Another reason why the judge's words are easy to arouse public anger is that they are not easy to be detected. This is a professional and technical factor, that is, a professional thinking factor unique to legal persons. In recent years, many hot legal cases or events have caused controversy, which not only reflects the differences and conflicts between legal persons and non-legal persons in their ways of thinking to some extent.
Therefore, while supervising the judiciary, the public also needs to understand the normal professional thinking of judges, and it is best to give them understanding and respect.
Baidu Encyclopedia-Legal Thinking
China * * * Production Party News Network-Differences between Life Logic and Legal Thinking