法律思维是如何进行的（How does legal thinking work）.docVIP

法律思维是如何进行的（How does legal thinking work） How does legal thinking work? Law is not only the standard of adjudication, but also the norm in human social life. Therefore, law is not only normative but also social. The social nature of law is the law of words, which takes human social life, social phenomena and social relations as the norm. In short, because the law is the norm of social life, it is social. The relation between the sociality of law and the judges case begins with the stage of finding the facts of the case. When it comes to the determination of the facts of a case, we will first think of procedural law, evidence law, and the distribution rules of the burden of proof. But comrades should pay attention to a very important issue. Not all of the facts require proof by the parties and must be confirmed by evidence. According to the theory of evidence law, there are two kinds of facts which need not be proved by the parties, but should be directly determined by the judge. What does the judge direct the facts of the case according to the social life experience?. The judge directly determines the fact of the case according to the social life experience, which is determined by the social nature of the law. The first kind of fact that does not need proof is the fact that can be inferred from the experience of daily life, that is, the obvious fact. According to the Supreme Peoples court in the on administrative litigation evidence of some of the provisions and on the civil evidence regulations, according to the daily experience of the fact that the presumption rule, the parties do not burden, and should judge according to the experience of social life directly identified. The fact that is based on the rule of everyday experience, that is, the obvious. For such facts, the judge should make a direct determination based on the experience of social life, which is the rule of thumb in the textbook of evidence. This kind of fact is often encountered in civil cases. Shaan