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On The Relationship Between Legal Reasoning And Judicial Justice

Posted on:2010-07-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y H TangFull Text:PDF
GTID:2166360275960731Subject:Law of logic
Abstract/Summary:PDF Full Text Request
The use of legal reasoning in judicial referee is the guarantee for judicial justice. Legal reasoning is not only legal subject,especially the judge's legal thinking activity, but also a kind of judicial actions.So the legal effect of legal reasoning must reflect judicial justice.Because our country puts forward the concept legally administering, which inevitable requires judicial fairness and justice,and of the systems and methods safeguarding judicial justice,the importance of legal reasoning is self-evident. Although many scholars talked about this question,they generally have not discussed it deeply,and systematically,and haven't combined it with judicial practice (especially with the judge activity) closely,not from the angle of the relationship between the legal reasoning and judicial justice.So this paper tries to illustrate the relationship between legal reasoning and judicial justice systematically and combine it with China's judicial practice,in order to give a systematic illustration on how legal reasoning ensures a system of justice.The article,divided into five parts,illustrates the influence of the legal reasoning on judicial justice from formal reasoning and material reasoning and the importance of legal reasoning to judicial justice combining with uncertainty and the Value judgment of the two forms of reasoning.The foreword describes the introduction of western legal reasoning and the research and development of that in China,and puts forward two kinds of justice,namely form and substance justice.The first part mainly expounds the meaning of legal reasoning and its five characteristics,the connotation of formal reasoning and material reasoning and their difference and its application in judicial referee.Different from some scholars' classification of formal reasoning and material reasoning,inductive reasoning is put into the material reasoning.The second part mainly expounds the relationship between justice and fairness, justice and its evaluation standards and what are the form and substance justice and fair?What is their respective meaning?The task of justice is that it dissolve disputes, generates social justice.The standards of social justice and fairness are based on facts and take law as the criterion,moderate etc.formal justice and substantial justice are the indispensable supplements to each other,they are different,but are both the content of justice,only guarantee of both form and substance justice is the real justice.The third part mainly expounds that the judicial practice calls for legal reasoning, that legal reasoning is the necessary conditions for justice,that value judgment lies in reasoning,uncertainty of judicial justice and its influence on judicial justice.First,that judicial practice strongly calls for legal reasoning must be admitted,and legal reasoning is both the core and necessary condition of judicial justice.From the value judgment of legal reasoning and the uncertainty of legal reasoning we understand the effect of legal reasoning on the judicial practice,and it expounds the uncertainty of law and the uncertainty it brings to justice and how to overcome this reasoning uncertainty,get close to legitimacy and rationality of the conclusion infinitively,in order to achieve the ideal justice.The fourth part mainly expounds the correct use of the essence of legal reasoning, and further promotes justice and value judgment application in practice.The essence of reasoning in judicial practice is undoubtedly the most predominant,most complicated cases require the judge to use the essence,value judgment reasoning in reasoning is especially important.This part discussed the irreplaceable function of them to promoting justice from the essence and the function of value judgment.The fifth part mainly elaborated the practice of realizing justice and reflection of that,and recognizing the importance of justice,put forward the relevant path.The epilogue reiterates the importance of legal reasoning in judicial practice puts forward positive expectations and views on our country's future judicial environment.
Keywords/Search Tags:Legal Reasoning, Formal Reasoning, Material Reasoning, Judicial Justice, Value Judgment
PDF Full Text Request
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