Some Problem Legal Reasoning

Legal reasoning is one important method among the legal applications. The development of the society needs to keep the social order, while the law is an important instrument keeping the social order. The law is of certainty, and legal reasoning may reduce the uncertainty from which the judge, etc. influences the legal application for personal factor, and then legal reasoning accomplishes thelegal certainty. Legal reasoning is an important tool which realizes the legal certainty. Because the substantive justice in the legal application is affected by the power and other environments, it cannot assure that the sentence is always justicial in the legal application. While the realization of the formal justice may ensure to implement the substantive justice better from the procedure, moreover the use of legal reasoning in the legal application will realize the formal justice, so the legal reasoning is also the important measure that achieves the justice of law intention. The legal reasoning is the requirement of the legal application' s validity. One side the legal reasoning could make sure the legitimate ' s affirmative legal consequence in the legal application; On the other side it could limit the other relevant behaviors except the lawful legal application. The process of legal reasoning in the judicial judgment is the process that exercise synthetically analogism and inductive reasoning according to legal norm and facts of case. Through the legal reasoning legal norm and facts of case may be classified mutually and associated mutually, at last by the application of deductive reasoning the legal norm is as the big premise and facts of case are the small premise, then the trial consequence will be gained. As one social activity, the law should satisfy the need that people keep the social order. Now the...