The Philosophy And Logic Thinking Of The Theory Of Legal Argumentation

The administration of justice does not only end disputes but also help social stability. The realization of legal goal depends on legal authority. Therefore,the arguing power of judicial judgment has to be strengthened .Legal argumentation has brought honor to the legal rule openness, cease tradition the lawful rationality effectiveness of the logic and acceptability unifies. Legal argumentation carries an important mission searching for the way to achieve judicial justice and social justice. By the method of legal argumentation, we can attain the justice of adjudication. In a specific case and thus manifest the objective of constitution. Although theory of legal argument has revised the traditional theory of rule of law under the new historical condition and thus it persists in the spirits of rule of law. Strengthens the legal argumentation in the judicial judgment and sets up the judicial authority, establishes serves the judicial essential link for the people. Therefore, it is of the theoretical and practical point to analyze the necessity character and logical foundation on the legal argumentation in the judicature.In the paper, there are three parts in all.Part one: Theory survey. This part is divided into two section altogether. Section one has mainly explained three basic concepts. The explanation of the legal argumentation from the concept to argumentation, legal argumentation, and the legal argumentation in the judicial judgment. Section two has mainly reviewed the theory of legal argumentation. The original of legal argumentation. Elaborates form its theory background and the thought background two aspects.Part two: The necessity and characteristics on the legal argumentation in the judicial judgment. According to the theory of the epistemology of Marxism. Analyzes the necessity in the legal argumentation in the judicial judgment from longitudinal and the crosswise two aspects. From lawful rationality, effectiveness of the logic and acceptability, to elaborates the characteristics of the legal argumentation in the judicial judgment.Part three: Logic analysis in the legal argumentation from tradition logic modern logic and informal logic and critical thinking aspect . Evaluation its from objective to passive.