Preliminary Discussion On Substantive Legal Reasoning

Substantive legal reasoning is of great theoretical significance and practical significance. At present, Chinese academic community on substantive legal reasoning has lagged behind, there are some deviations. This paper is committed to logic and law, the combination system discusses the development of substantive legal reasoning; clarifies the concept of substantive legal reasoning; With the judicial practice, analyses the nature of substantive legal reasoning. About how to correctly use legal reasoning I put forward some ideas. The article divides three parts.Part I: The general discuss about substantive legal reasoning. This part discusses roughly the rise and the development substantive legal reasoning. Based on Chinese and the West substantive legal reasoning, in two lines discusses legal reasoning and theoretical development activities. And gives a comparative analysis on substantive legal reasoning.Part II: The preliminary analysis about the theory of substantive legal reasoning. Firstly I clear the correct legal reasoning in three basic principles that must be followed. Secondly, through the introduction of Western scholars who have put forth comparative representative category theory, I have come to substantive legal reasoning should not pursue theoretical study of the conclusions mechanically. Finally, I give a more detailed analysis of several methods on the essence in the legal reasoning.Part III: The meaning of studying substantive legal reasoning. After the elaboration and analysis of the first two parts, we believe that substantive legal reasoning with the theory and practice has double meanings. This part briefly discusses the theoretical and practical significance substantive legal reasoning combined our country condition. In this article, the author put forth his own views and opinions on reasoning, the nature, the principle and the classification of substantive legal reasoning.