The Logic And Methodology Of Fact Construction In The Legislative Process

The research on legislative facts has become an emerging research field and important topic in the legislative methodology.It is not only the logical basis for constructing legal norms,but also serves as the basis and way to improve the quality of legislation.Current studies on facts in the legislative process directly follow the conceptual definition and identification methods of legislative facts in constitutionality review,ignoring the independent status and distinctive characteristics of legislative activities.The key to construct legislative facts lies in how to define the conception of legislative facts and summarize the constituent elements of facts.In conclusion,legislative facts are natural facts and social facts that guided by legislative methods and constructed through multiple methods with dual attributes of normative and empirical,which can provide support for legislative rationality.what’s more,the social facts can be further divided into institutional facts and non-institutional facts.This article advocates,the method of constructing legislative facts should adhere to the path of constructivism.By combining Kaufman’s legal dogmatics and Alexi’s principle theory,it can be concluded that the process of includes six steps:constructing facts related to the identification of proposed issues,the prudent establishment of legislative purposes,the assumption of legal norms,the ontology of behavioral model and the attribution of legal effect.The legal effect needs to pass the review of the principle of proportionality,or the process of legislative construction must be repeated and return to the hypothetical link of legal norms,and so on,and finally get legal norms that are supported by facts.In addition,legislators should comprehensively use abductive reasoning,analogy,induction,proportionality and empirical analysis as the basic method of fact construction.In this process,legislators have room for knowledge of the facts ascertained.The structure of this article is as follows.Chapter One is the conception and composition of legislative facts,focusing on exploring the conceptions,characteristics and constituent elements of legislative fact and by defining legislative facts to provide precise scope and boundaries for subsequent theoretical research.The second chapter is the method of constructing legislative facts.The legislative facts are constructed from the three dimensions:legislative conception,analogy thinking and legislative procedure in the Kaufman’s legal dogmatics,and from the principle of proportionality and legislation discretion in the theory of Alexi’s legal principles.The author forms room for two dimensions to construct legislative facts,trying to construct a set of feasible legislative fact construction methods from both and concrete levels.The third chapter is the construction logic of legislative facts.Summarize the specific methods and procedures of fact construction,and analyze the six steps of the identification of proposed issues,the prudent establishment of legislative purposes,the assumption of legal norms,the ontology of behavioral model,the attribution of legal effect and review of principle of proportionality.On the basis of summarizing the construction logic,through the legislative analysis of the downward adjustment process of the age of criminal responsibility,the theoretical model of the aforementioned legislative fact construction is tested.