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Mode of making legal decisions |
| ZHENG Yongliu |
| Institute of Legal Philosophy, China University of Political Science and Law, Beijing 100088, China; |
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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.
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Issue Date: 05 December 2007
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