Uncertain Legal Concept In Civil Law Embodies The Typed Method Research

There is a lot of uncertain legal concept in civil law, or even in a sense ofcertainty legal concept does not exist. Uncertain legal concept is fuzzy, definitioncannot guide the judgment of the judge.Based on the reflection of the concept of law,in order to ensure that the judge is really similar to deal with similar problems, bytyping the uncertain legal concept can give specific guidance, the judge byenumerating various types, determine whether the case scenario comply with thesetypes. Type is the mediator between abstract and concrete, between common andspecific, the middle point between the general and individual.For cases involvinguncertain legal concept to explain and apply to be typed, can this typed as othercaseload comparative basis, can reduce the uncertainty of uncertain legal concept,easy to handle similar case in the future, this results from deeper sense also makeuncertain legal concept is externalized, which in turn promoted the law applicable tothe stability and the progress of the law.The article is divided into the following three parts: the first part, the typed studythe necessity of uncertain legal concept. As the full text of the introduction of this part,try to explain the typed study the meaning of uncertain legal concept.The second part,the theoretical foundation of the analysis method. First of all, in this paper, thetraditional abstract concept thinking, explanation concept thinking, there may beexcessive "abstraction" problem.Secondly, the theoretical foundation of the typedmethod, points out that the typed thinking more in line with the face of things, typingmethod is helpful to realize the essence of the referee. The third part, discusses theconcrete implementation of typing method. First of all, introduces the typed acommon step of thinking, that is usually how the typed thinking.Then, the uncertainlegal concept good customs as an example,to explain operation method of typing.