Substantial Reasoning

adjudication reason is the most important guideline of rationalizes of justice administration right. When a judge makes a judgement, he (she) must explain the propriety of it and it is also a basic requirement of democracy and social ruled by law. In the formal law counties, it is easy for judge to find out a convinced reason in simple cases, and this is the concrete legal rule. However, judges always meet the situations that there is no fit rule to follow or it is hard to follow. But judges have no right to refuse judging, so, they have to rely on the substantial inference to make rational judgements and bring about the justice of each individual case. This thesis will analyse the intension, the legislation and rationality of substantial inference through the necessarily and importance of it in the legal practices. To strengthen the convicting of this thesis, the author also combines certain typical cases when introduce the methods how judges solve the hard cases. Considering the character of substantial inference, this thesis also discusses the restriction and perfection of it in order to prevent judges abusing their rights. The views in this thesis are obtained by colligate different theories and summarize the author's own experiences of practices and have important practical meanings.