如何对案件进行分析和判断（How to analyze and judge the case）.doc

如何对案件进行分析和判断（How to analyze and judge the case） Note: legal occupation work is a kind of intellectual work, he adjusts the interpersonal relationship through the concept of a fuzzy chaos. - Gustaf, Ladd, Bruch The analysis and judgment of a case is the basic skill of a lawyer. In the same case, different conclusions can be drawn from the lawyers experience, mode of thinking and knowledge. For general simple civil disputes, general lawyers can undertake, and for the case of complex cases, it depends on the lawyers ability to analyze and judge. I think the analysis of cases should start with the following aspects: The so-called analysis and judgment is through the preliminary understanding of the case, to qualitative case. Tell the client what it is and why. Some colleagues lack the training of legal thinking, and do not understand the abstract and generalization. I once mentioned this problem in the article on the philosophers temperament of lawyers. Some netizens say they are too demanding for lawyers. But I want to say do not understand the abstraction and generalization of the law is not a good lawyer, the case after is out of order, you are in the process of listening to the brain thinking and induction, and in accordance with the basic principle of law and social life experience, make more objective judgments. That is to say, after you understand the basic case, you should give the case qualitative and tell the parties what it is and why. I think its easy to say qualitatively about a case, but its not easy to do it. This is like the traditional Chinese medicine to patients, to look, smell, ask, in the past, no other can use the equipment, doctors rely on the experience and medical doctors give patients diagnosis conclusion. Lawyers similar to the diagnosis of traditional Chinese medicine, there is no scientific instrument to tell you the results of the examination, only by the jurisprudence, law and experience, the nature of the case to make an independent judgm