Analysis Of Court Debate

In the common law system which take "the antagonism" as the trial mode, because the court debate skill is the fundamental skill to settle their status, so whether law education and practice research all attach great importance to the court debate relevant content, the description relevant is "an immense number of books". In comparison, in the continental law system which take "official principle" as the trial mode, the court debate seems to be dispensable in most time, so the academic and theoretical take no attention about this seem to be reasonable. But with the rapid development of comparative law in recent years, the two law system present a situation towards reference from each other and mutual fusion, and there are still room for the development of court debate in both law system. Among them accordingly, the court debate seems to be emphasized mostly without doubt, and the incisive study about the court debate will be full of the audio-visual.In this paper, the analysis of the court debate and its training will take the realistic situation into consideration, from the aspect of value or other essence level, carries on the induction and summary of method, aims to establish Chinese court debate and their own value and goal. Text content around the following three parts discussed:The first chapter straightly leads to the incisive value of the court debate, comb them one by one. Mainly includes:procedure value that involve the procedural justice^try to find the real entity value and try to bridge between the legal culture and simple value of social value. By the same time when the paper elaborate the value, it also puts forward some constructive suggestion towards how to achieve in a better way.In the second chapter puts the emphasis on the concept that court debate should uphold. Through the analysis of similarities and differences and influence between the "legal argumentation" and "legal debate"、"common debate" and "court debate", as a result to find the principle court debate:take the reason、regime and sentiment into practice. By the time elaborate the principle, doing a appropriate analysis of the specific suitable path.The third chapter is on summary of the methods of the court debate.