What is the thinking of a legal person? How to think like a lawyer

For those who practice the legal profession, their unique way of thinking is a prerequisite for the existence of the legal profession.

The professional rational thinking of legal people is manifested in the autonomy of their consciousness, concept or attitude, that is, the freedom of thought, and this rational thinking is characterized by professional training, so it is not only very special, but also inherently qualitative and prescriptive that distinguishes it from other professions.

Some scholars summarize the thinking of legal scholars as follows: "thinking through procedures"; Pay attention to meticulous logic and be cautious about emotional factors"; "The pursuit of truth only in the process is different from the pursuit of truth in science"; "The judgment conclusion is always definite, which is different from the 'trade-off' characteristic of political thinking", etc.

Judges have the sacred duty conferred by the laws of the country, so judges are required to have an extraordinary understanding and perception of the law. In many countries, judges are appointed through rigorous selection, special qualification examinations and professional training. With the deepening of China's judicial reform and the renewal of judicial concepts, the early judges without professional training will inevitably be replaced by professional judges who have passed the national judicial examination after rigorous training.

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Legal thinking is the specific way of thinking of legal professionals, and it is the thinking mode of legal people who think, analyze and solve problems in accordance with the logic of law in the decision-making process. Clause.

1. Procedural precedence, i.e., the procedure is considered superior to the entity; Clause.

2. Master the use of legal terminology, and observe, think and judge things from the perspective of a legal person; Clause.

3. Maintain the habit of retrospective, and be upright and steady; Clause.

Fourth, the logic is rigorous, and the emotional factors are treated cautiously (objective and fair, based on facts, and based on the law); Clause.

Fifth, make more factual judgments on the process of exploring things, and try to make less value judgments; Clause.

6. Pursue procedural justice and pursue the essence of things under the premise of procedural justice; Clause.

7. There is always a single judgment conclusion, and there is a clear boundary between right and wrong and requires a judgment. To sum up, look professional, don't act like an outsider.

1. Legal thinking is the specific way of thinking of legal professionals.

It is a way of thinking, or way of thinking, in which a legal person thinks, analyzes, and solves problems in accordance with the logic of the law in the decision-making process.

2. When an ordinary person sees that the clock is gone, he may say "this clock is broken", but a judge or lawyer will only say "this watch is no longer gone" and will never say "this watch is broken". This is the difference between the thinking of ordinary people and legal people.

3. At present, the research on legal thinking in China's legal circles is still a weak link, and it is difficult to find this kind of formulation even in formal law textbooks. However, it is of great significance to study legal thinking in the context of the rule of law, which is not only a reflection on the working methods of legal professionals, but also a positive attempt to highlight the tension of the rule of law itself.

4. From a logical point of view, legal thinking should be attributed to the concept of thinking because the word "law" is a definite term, and legal thinking is inseparable from the general prescriptiveness of thinking. Therefore, to define the concept of legal thinking, we should first start by examining thinking in a general sense. Thinking as a unique function of the human brain and a unique activity of human beings, many disciplines such as logic.

Philosophy, psychology, physiology, etc., all conduct scientific research on the subject. Due to the differences in the perspective of research models and academic contexts, thinking inevitably has the characteristics of polysemy.

This is not an easy and simple question.

In my opinion, the so-called legal thinking is to rely on legal norms, abandon the interference of emotional factors, and only use legal facts and evidence to arrive (deduce) the only conclusion that can eliminate reasonable doubt, regardless of whether this conclusion is true and consistent with the original appearance of the event.

The method of legal thinking is the concretization of legal thinking, comprehensively speaking, it is to develop the ability to see the essence through phenomena, specifically, it is good at concentrating thinking on the norms of law, and in practice, it can consciously pay attention to the legal factors, statutory evidence, statutory certification procedures and methods in the event, and the deduction and deduction have strict logic, and meet the current standards of legal norms.

That's pretty much it.

The rule of law thinking is to take the law as the criterion for judging right and wrong and handling affairs, which requires advocating the rule of law, respecting the law, and being good at using legal means to solve problems and promote work. What is the rule of law? In short, the rule of law thinking is a way of thinking that applies the various requirements of the rule of law to understanding, analyzing, and dealing with problems, and is a logical and rational way of thinking based on legal norms.

Therefore, the rule of law thinking needs to be premised on the concept of the rule of law. Since the development of human political civilization, although the understanding of the concept of the rule of law is not completely consistent, there is a basic consensus on its core connotation, including spiritual, substantive, formal and other elements. As far as China is concerned, after more than 30 years of hard work, the preliminary consensus on the concept of the rule of law has basically been established.

This is the premise of the proposition of rule of law thinking. Original: Encyclopedia.

Learning and mastering basic legal knowledge is the prerequisite for cultivating a legal way of thinking. It is impossible for a person who knows nothing about the law to form a legal way of thinking. Legal knowledge usually includes the knowledge of laws and regulations, and the knowledge of legal principles, both of which are essential for cultivating a legal way of thinking.

Only by understanding the specific provisions of laws and regulations on a certain issue, as well as the principles and principles of law, can we better understand the spirit of the law, develop legal thinking, and use legal thinking to think about and deal with various legal issues.

Precautions for Contemporary College Students to Promote the Construction of the Rule of Law in China.

Under the situation of economic globalization, the knowledge economy with the information technology industry as the core is developing rapidly, and all countries in the world are competing to develop science and technology. In order to adapt to the development of society, college students are trained to have a certain level of education and considerable scientific knowledge and production technology.

The state vigorously promotes the rejuvenation of the country through science and education, and it is necessary to train college students with high quality and high education, and to strengthen the education of college students in the law and the balance system, so that politically it can enhance college students' political sensitivity and ability to make political distinctions, enhance their ability to participate in the management of state affairs, and economically allow college students to participate in economic activities according to law.

The above content refers to People's Daily Online-Thoughts on Promoting the Construction of the Rule of Law in China.