Defeasible Reasoning Study In Judicature

The law can not leave the logic. In China, about "legal logic" the research lasts is not remote. Even the "legal logic" the emergence of the name, also just was the 20th century 80 age initial period matter. The legal logic research institute pays attention the core question is the legal reasoningTherefore, the legal reasoning of the law is an indispensable method. Legal reasoning can be divided into the form of reasoning with non-formal reasoning. This kind of division also obtains the law educational world mutual recognition. Form of reasoning is the process in the administration of justice, In full accordance with the tradition of syllogism as a method of reasoningNon-formal reasoning in the law refers to inadequate or conflicting rules, the basis of the value of the grounds for thinking a certain conclusion. The two not repel one another, On the contrary, Form law reasoning and substantive law reasoning Interdependence, Complement each other, builds the judicature to be fair and to be just.In non-formal legal logic for the approach of legal logic method, There are many methods of legal logic, Is also the present legal logic educational world key discussion's method. This includes defeasible reasoning for the approach method of legal logic. Although defeasible reasoning research has just begun, and not very mature, This theory is indeed opened up a new research approach, To advanced our country legal system reform as well as the consummation political consultation system plays the positive role. Therefore, It is necessary for its conduct in-depth and systematic study.This article uses the writing method which compares, Introduced a preliminary to some of the characteristics of defeasible reasoning, as well as the significance of produce. The full text is divided three parts besides the introduction and the concluding remark: The first part is an overview of the logic of reviewing the history of the development, as well as the relationship between logic and reasoning, followed by the introduction of legal reasoning, reasoning from the formal and non-formal reasoning in two directions to the characteristics of the legal reasoning. Non-formal reasoning in order to approach the logic inside the method, including defeasible reasoning, it may be guide the concept of defeasible reasoning; The second part is a comprehensive introduction to defeasible reasoning, the origin of the word from its background to its use in the legal field, have done a comprehensive exposition; The third part deals with aspects of the defeasible reasoning to the theory of the impact of the law, as well as practical significance, this can enhance our understanding of it, making it in the field of justice and people's lives play a greater role.