Research On Reasoning Of Judicial Decisions

This paper studies Reasoning of Judicial Decisions which takes the legal norms as the major premise and the ascertained legal facts as the minor premise and then obtains proper judicial conclusion(s) through certain logic and legal method(s). And this topic of the studies is about how to obtain conclusion of Judicial Decisions, namely, the general path, characteristics and conditions of Reasoning of Judicial Decisions.The research mainly based on the following background: From a theoretical perspective, Since Deductive reasoning is harshly criticized by legalists and logicians from both at home and abroad, some questions about Reasoning of Judicial Decisions are not explained clear and definitely. But it also produced a lot of controversy and there are some misunderstandings about it. Such as the role and play of "deductive" and legal method(s) in judicial decision, whether and how to obtain judicial decision logiclly, whether and how to formalize the Reasoning of Judicial Decisions, etc. Seen from the judicial practice in our country, there is questioning that the judge is use to "GuDui" by excessive reliance on experience and intuitionand, reach decisions without reasoning and make the reason as a result in decisions thinking, which leads to the different sentence same case and too light or too heavy Sentence which caused questions to impartiality and credibility of the judicial for people.The Reasoning of Judicial Decision is mainly studies from the perspective of legal logic. They are analyzed that elements, form structure and characteristics of Reasoning of Judicial Decisions.The judicial Decisions reasoning differs from that of pure logic reasoning because It’s abundant substanceand strong practical reason so substantive aspects of the judicial reasoning is study by comply with "legal logic method of Legal method " put forward by legal logic group. In addition, the typical cases occur in our country is analyzed and reviewed theoretically from the judicial practice in our country with the associated theory with practice method. By studying Reasoning of Judicial Decisions, we believe that:(1) From the Angle of thinking, The judge takes legal norms from the country’s legal system(legal norms proposition set) through the evaluation and selection in the proposition of legal norms as the major premise of Reasoning of Judicial Decisions, and takes the ascertained legal facts proposition that based on legal evaluation as the minor premise. Premises should be real, legitimate, etc.(2) Legal method as experience and value judgment are used only to build the premises and to create conditions for the Reasoning of Judicial Decisions, but it could not bear to replace logic reasoning method which lead to Decisions.(3) Once the premise of rule reasoning was build, the logic structure of the major premise determines "model" that is logical deduction lead to the Judicial conclusion, and Reasoning of Judicial Decisions can be formalized logically because of its deductive features.(4) It exist irrationality that critical view to deductive method of malism from legalists and logicians from both at home and abroad. We can’t deny the positive role of "deductive"by which obtain effective and fair Judicia conclusions in the process of judicial decisions.Legal justice is ultimately realized by the judge’s Judicial Decisions, whether this decision is correct that rely on the legitimacy of Decisions of Reasoning of Judicial. So to study Reasoning of Judicial Decisions is helpful to clarify the relationship of the concepts and to eliminate some theoretical misunderstandings about Reasoning of Judicial Decisions for people and promote the development of the research in iegal logic from theoretical. It is helpful to sets up the scientific view of the applicable law, to reach logically a judicial decision through correct Reasoning of Judicial Decisions, to reduce and eliminate the cases misjudged and realize the fairness and justicein accord with purpose of law from the judiciary practice.