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The referee the fact that the formation of

Author: WuXiaoMing
Tutor: ShuGuoZuo
School: China University of Political Science
Course: Legal Theory
Keywords: Adjudicative fact Objective fact Basic facts Formation process Ontology Epistemological Judge of Value judgments Context Life events
CLC: D915.1
Type: Master's thesis
Year: 2005
Downloads: 298
Quote: 1
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Abstract

The thesis is divided into six parts. The Preface main account of the background and intention of writing of the writing of this article. The first part is the determination of facts, facts paradigm and referee the fact that the three basic concepts. Correspond to the facts on ontology concepts, theory, and the value of the subjective existence of an objective reality, the objective fact is not a fact, but a fact emphasized formulation, in this sense, the fact is itself the fact; in the Context of epistemology, the facts are not purely itself, the fact is that ideas and with unified reflect the nature of things and relations of things for the existence of, in this sense, the fact is that the self is the fact; in of philosophy of language, the fact that language-dependent expression of the fact that the language has a declarative statement of fact true value proposition, the true value proposition has demonstrated the fact. The fact that the paradigm is the fact that the model of the fact type specification. Referee fact is that a case-by-case adjudication as a judge of the fact that the judgment is based, the judicial syllogism inference minor premise, constitute the judicial syllogism the major premise the fact interaction results paradigm and objective facts, normative and factual double attribute . In this part, also analyzed the relationship of these three concepts. The second part is a static analysis formed the basis of the referee fact. This paper argues that the referee facts formed the basis of experience (including general social experience, the professional experience of the legal community and individual intuitive experience), logical and value judgments. General social experience constitutes referee fact formed the basis of the framework, the framework is recessive, but it does exist, otherwise every referee will be starting from scratch, the burden of proof will become extremely heavy; professional experience of the legal community constitutes referee the fact that the formation of professional background; individual intuition and experience of the referee who referee the fact that the formation of the \Logic - including the inevitability of deductive logic and contingent inductive logic - the the referee the fact that the formation of the some certainty foundation. Abstract and objective facts, the fact that the paradigm itself determines the necessary value judgments required for the formation of the facts of the referee. The third part is the dynamic description of the formation process of the facts of the referee. In this paper, the referee fact formation process is divided into three stages of life events are represented as a primordial fact, the primordial fact been restated for the basic facts, the basic fact is reconstructed referee fact. Major life events is represented as a primordial fact is commenced Host - Guest epistemological context, without further judgment to describe the facts; During the second phase, the original fact is that in the context of the legal system been restated in accordance with the relevance and legitimacy requirements for the basic facts; Finally, the basic facts and facts paradigm further even the basic facts in the interactive medium is set to be reconstructed as a referee fact. 4 examine the legitimacy of the referee the fact that the formation of the foundation. Based on review Realism referee facts the legitimacy body foundation should be understood and explained: real ontological referee fact the formation of an uppercase and singular understanding of the subject to the object and reflect this

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