The Operation Mode Of Legal Argumentation In Judicial Process

A reasonable and better-running legal argumentation system is the necessary key for the law-ruling construction of our country. On this point, the function of legal argumentation in judicial process is one of the core functions of the whole law system. So the author gives an operation mode of legal argumentation in judicial process.Mainly from a basic position: in the process of judicial trial, the issue of whether the judicial decision is acceptable can be solved in the frame work of the legal system.In the part one of the text, the author gives a definition of legal argumentation and analyses the characters of legal argumentation.In part two, the author brings forward a mode of legal argumentation,which has not emerged in China. This argumentation mode is composed of three levels, the level of the application of legal principle, the level of legal interpretation and the level of legal reasoning .Legal rules originate from legal principles running through legal versions, legal branches up to the entire legal institutions. Legal principle gives concentrated expression to the spirit of legal rule, and plays an important role in the judicial field. The author emphasizes that each of the three levels gives different support to the final judicial decision and each one is indispensable.In last part, in order to standardize the legal arguing process, what we need is to prove judgment reason of the court verdict in judicial judgment. The reason is the soul of the court verdict and has the function of supporting a judicial judgment. Its reform may be effective in restraining judicial corruption, improving personal qualities of the judges and promoting the role of the judicial community.