法律事实概念体系探析

A Research into the Conceptional System of Juristic Facts

学界对法律事实结构的研究相对薄弱,导致立法实践和法学理论中概念混乱,这也是法律行为的概念举讼纷纭、晦涩难明的原因。按照内涵从少到多、外延从宽到窄的逻辑关系,梳理法律事实的相关概念,可把民事主体有意识的行为概括为"当事人的行为"。从体系的完善来探讨,法律事实的后果是民事关系,而非民事法律关系。

The lack of academic study on the structure of juristic facts has resulted in the confusion of concepts in legislative practice and law theories, which is the very reason for the great diversity of concepts about juristic facts. This paper sorts out all those concepts related with juristic facts, by following a logical order from fewer to more in terms of connotation, and from broad to narrow in terms of denotation, and summarizes the conscious acts of civil subject as “the acts of party”. For the sake of the improvement of system, this paper also discusses that the consequences of juristic facts should be civil relation, instead of non-civil legal relation.