Original Thinking,Experimental Thinking and Logical Thinking

Inspected from the rational level,the thinking types of legal fact finding can generally be divided into original thinking,experimental thinking and logical thinking.Original thinking focuses on the role of mysterious reasons in fact finding.Experimental thinking,represented by the traditional Chinese judicial practice,is overall logic thinking regardless of the subject and the object and focuses on experience.Based on concepts,logical thinking stresses the necessity and recognizes probability in finding the causal relationship with understanding of subject and object as premise.From the historical logical development,it generally shows a linear logic of historical development trajectory(original thinking,experimental thinking and logical thinking) and increases the degree of rationality.With the popularization of scientific knowledge and constrained by rules of evidence,the original thinking has already left the stage of history,experimental thinking has narrowed its role in space,and logical thinking has absolutely occupied the dominant position in legal fact finding.Logical thinking in legal facts finding should be promoted in the process of legal modernization and is an important dimension in modern law.