The Criminal Code Of The Reasoning Method

Reasoning of criminal law is the process in which, and the method by which judges put forward legal reasons according to criminal law in the applying of criminal law, in order to infer and justify criminal judgment. Comparing with reasoning of civil law, reasoning of criminal law has characteristics of oneness of reasoning ground, limitedness of reasoning reason, closeness of reasoning process, and so on. Reasoning of criminal law, which impenetrate the whole process of application of criminal law, is the basic method of application of criminal law. It is not comprising relation between reasoning and interpretation of criminal law. They are both the basic method of application of criminal law. Principle of a legally prescribed punishment for a specified crime is the highest principal of criminal law, so the concrete methods of reasoning of criminal law should be chosen according to it.Deductive legal reasoning is a reasoning method which regards law as major premise, case as minor premise, and deduces conclusion from the major and minor premise. According to principle of a legally prescribed punishment for a specified crime, deductive reasoning is the basic mode and method of reasoning of criminal law, which can justify the judgment vigorously by formal logic. However, deductive reasoning hardly can infer judgment, because, it can't provide premises for itself, it must turn to other technique to become law and case to premises, and when the premises exist, the conclusion is just the result of logic reasoning. So, deduction is only the last step of application of criminal law.Analogical legal reasoning is a reasoning method which treats the case at hand like other cases because they resemble each other in some aspects. Analogical reasoning, with deductive reasoning, is regards as formal reasoning, and it is always regarded as the basic legal reasoning method in common law countries, and in positive law countries, only when there exists legal hole the method of analogical reasoning will be used. The scholars of criminal law science pay little attention to analogical reasoning. In fact, because what the criminal law can prescribe is only crime types and relatively definite penalty, analogical reasoning plays important role in application of criminal law. It open out more clearly the mechanism of applying of criminal law, and it is the real method of interpretation of criminal law. Analogical reasoning of criminal law can be divided into three steps: the first step is to get analogical antitype case, the second step is to identify the similarities and the...