The Elements On The Construction Of The Premise Of Legal Reasoning In Ancient China

Legal reasoning is the application of the law applicable in the legal process,the use of evidence to confirm the facts of the case and look for the applicable legal norms that the facts of the case can be based on,and activity of thinking derived the conclusions.Implementation of legal reasoning is an important guarantee for the course of justice.A society of the rule of law is a society of reasonable law-making and application of the law.Legal reasoning justifies the application and stipulation of the law.It is an important way to realize the implementation of the rule of law and formulation a reasonable implementation of the law.Legal reasoning,as a methodology for determination of the case of the judge,cannot be divorced from the legal system and legal culture and independent existence.In the move toward modernization and the rule of law in China,taking the western concept of method as the center,based on western legal concept,to build a legal system of the whole legal system has become our goal.however,as an integral part of the national culture of ancient Chinese legal culture,it cannot be abandoned due to its genetic role of culture.In China today,it is impossible to turn a blind eye to ancient Chinese cultural legal traditions.Therefore,it is necessary from the point of view of legal reasoning to interpret the ancient Chinese genetic code of justice,to distinguish the essence and dross and modify Chinese law today.This is the main reason of the present study of legal reasoning of ancient China.The full text is consisted by introduction,body and conclusion.The introduction focuses on reason of the selection of the topics and the present study.There are three parts in the main body of the present paper:in the first part, Firstly,from the analysis of ancient Chinese cultural context of the situation,the present author defines the concept of situation,rationale and law.The n,The present paper analyze the relationship between the situation,the rationale and the law, points out the complexity,cross-cutting and overall bias of legal reasoning in ancient China and the judges made clear in the law applicable to the ancient process of legal reasoning in building when the premise is not easy to be found, discovered and invoked,but the specific laws and regulations will be taken out of it with God,together weigh human comparison,so that is not against nature,not contrary to human,as far as possible to achieve harmony and unity of the three,so that their judgments of a situation at that time with the legitimacy.The second part discusses the logic of ancient Chinese technology and the relationship between the administration of justice.Section I focuses on the development of logic in ancient China and its idea of the impact of traditional law; Sectionâ…¡Analyzes the application of justice and logic technology of Qingming Set, focusing on analysis of one of the types of assistance and push,intuition and experience,pointing out that the ancient Chinese legal reasoning legal assistance at the crime has on the characteristics of quasi-judicial syllogism.based on the analysis of the application of "moral principles of sentencing" in legal reasoning and intuitive push-type,experience,the present paper points out that the ancient characteristics of Chinese is over-reliance on legal reasoning and intuitive push the analog the experience;Sectionâ…¢analyzes the formation and the philosophical and political background "moral principles of sentencing" of the legal reasoning to clarify the Song Dynasty and the despotism of "moral principles of sentencing" of the legal reasoning.In the fourth quarter the writer compares form legal reasoning and legal reasoning from the perspective of the "moral principles must prison" with the substance legal reasoning and equitable law,further analyzes "moral principles of sentencing" legal reasoning in real terms,form and logical characteristics of equity.In the third part,from the two dimensions of the theory and practice,the present paper discusses the Chinese experience in legal reasoning components useful in the present Chinese realize the possibility of inheritance and development.In the conclusion part,based on an overview of experience of legal reasoning of the ancient China,the writer points out the view of recognization of cultural values of ancient Chinese legal values.