Research On Legal Analysis

Taking "legal analysis" as a sort of legal method to research is very significative. On the one hand, it can make some words on research of law more standardization and the research of legal analysis more direction and practicability. On the other hand, it could open up a new way for the research of legal method, enrich and perfect the theory system s of legal method. It is the basic origin to take the legal theory to be combined with judicial practice, to take the legal methods to play more important guiding role in judgment and service the development of rule of law and judicial fairness. The typical legal analysis is to use the theory of constitution of the crime to analyze cases in the field of criminal law. And in civil law, it is to use the theory of legal relationship to analyze cases and find out the proposal for resolving problems.The first section mainly introduces the current situation of the research on legal analysis. It is very few for the research on legal analysis at home and abroad. It includes Unger's 'what should legal analysis become?', Professor Chen Jinzhao presided the discussion on legal analysis and jurisprudence analysis and Doctor Hou Xueyong's 'legal analysis: taking legal relationship for example. Although, the documents are very few, but above-mentioned researches have a basic consensus that legal analysis is a sort of legal methods.The second section discourses the general theory of legal analysis, concluding the concept of legal analysis, the relation of legal analysis and legal methods and the relation of legal thinking. From the relations of legal analysis, legal methods and legal thinking, we can preferably recognize the category and property of legal analysis.The third section proposes the position of legal analysis, the objective of legal analysis-protecting rule of law, the practical position of legal analysis-the position of justice, the theoretical position of legal analysis-generality overmatch particularity and taking simplicity to cope with complex. As long as definiting the position of legal analysis, the self-system of legal analysis could be established. The position of legal analysis gives it exceptive methodology significance and is also the main premise for legal analysis being a section of the system of legal methodology.The forth section interprets the methodology significance of legal analysis by the constitution of the crime as a tool of legal analysis.The logic modal for resolving cases is creatively founded from the basis of analyzing the basic theory of department law. And the logic modal is the core and basis of legal analysis. We build four logic modals of the constitution of crime from the basic point , criminal behavior, that links the theory of the constitution of crime with justice. Also, the logic modals are used to resolve cases analysis and judgment. Finally, the four logic modals are applied for the analysis and judgment on cases in order to implement the true methodology significance of legal analysis.Legal analysis is not a self-sufficient theory system, we can't bring out a research paradigm. Because, a research paradigm is a concept of a community and formed by all the researcher's hard-working. Legal analysis needs more supports and experiments and becomes a important sort of legal methods step by step.