| In Chinese civil law theory, legal fact is a special academic concept, and means some concrete fact which induces the generation, change or end of legal relation. However, this popular recognition has fatal defects of misconnecting what it says and what it wants to refer to, lacking the scan from the view of law-making, and making the legal understanding and common sense confused.On the general level, legal fact should be the constitutive condition which is the condition of the legal effect in the integrate rule. In this respect, legal fact is a kind of normative instrument to format social actuality, which is composed in virtue of professional logic arrangement guided by special legal function. So, the well-known divisions of legal fact, such as natural fact and action, legal action and illegal action, juristic action and factual action, do not refer to concrete facts, but refer to concrete rules actually. On the specific level, legal fact should be the constitutive element of the legal condition. In this respect, legal fact has more appearances, such as the outer fact and the inner fact, the positive fact and the passive fact, and the affirmative fact and the possible fact. The relationship of those facts is reticular and orderly, and this complexion reflects the systematization of the civil law.Though legal fact should be normative, it is the parallelism and accommodation between the legal idea and reality. When legal fact is put into practice, it will correspond with and accommodate the concrete fact in the real case. Obviously, legal fact is full of tension between law and life, full of interaction between idea and reality, and full of intertwining between rule and case. In view of the meaning of legal fact, civil law theory should have pluralistic resources of knowledge. |
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