The Legal Methods In Judicial Practice And Their Relationship

In China, researches on legal methods have almost reached its peak, but the system of legal methods is not yet perfect. It can be said that the legal method have been theorized, nevertheless they are far from systematization. It constitutes the basic theoretical issues of researches on the legal methodology that how to use legal methods to overcome the contradictions between facts and norms, to connect facts with norms organically.Judicial practice, no matter how detailed the law is made, it can not be consistent with the complex social facts naturally, thus we must resort to the legal interpretation to bridge the cracks exposed between rules and the facts related. Our research on legal interpretation aims to clarify legal notions, and explicates the objects, characteristics as well as standards of the legal interpretation simultaneously. The key point in this paper is that we try to perfect the system of legal interpretation on the basis of analyzing its shortcomings.In the operational sense, it's the legal reasoning that help to realize the result of legal adjudication, thus it is lack of practical significance to talk about the legal interpretation and argument without legal reasoning. Therefore, we must clarify some of the basic theoretical issues of legal reasoning, more importantly, to emphasize the importance of judicial syllogism in legal reasoning meanwhile, it is necessary to recognize limitations of judicial syllogism in the new era. That effective form can hardly to guarantee justice is the main reason for its decline. Because of this, legal argument is underlined.Although legal interpretation provides major premises and minor premises for legal reasoning, legal argument is entailed while answering the following questions: What are the grounds for the law to give such an explanation, why would facts yield to such an interpretation. But legal argument is not a child without mother, it is due to inheriting and developing traditional legal methods that it grows. Only after defining the relationship among these can we understand this point better. Of course, as the latest results in the system of legal methods, legal argumentation should be studied more deeply.Overall, researches on legal methodology is still of a number of limitations, on the way of its growing numerous of theoretical and practical problems will be faced. It is of great significance to sum up and overcome these deficiencies and problems, which will help to stimulate relevant research and evoke legal justice.