Mode of making legal decisions

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  • Institute of Legal Philosophy, China University of Political Science and Law, Beijing 100088, China;

Published date: 05 Dec 2007

Abstract

Legal decisions are results of the use of law, which includes the application of law and the finding of law, but mainly referring to the latter. In the application of law, facts match norms, and thus legal decisions could be obtained directly through deduction thereof, which is called the deduction mode. However, in the finding of law, since facts are not symmetric to norms, before making judgment through deduction, facts and norms shall be equalized. That is to say, facts shall be generalized and then upgraded to the provisions, while norms shall be concrete and downwards to specific cases, conducting for spiral upwards, which is called equalization mode.

Cite this article

ZHENG Yongliu . Mode of making legal decisions[J]. Frontiers of Law in China, 2007 , 2(4) : 518 -537 . DOI: 10.1007/s11463-007-0024-y

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