The Rationale For Advising The Law

In recent years, with the judicial reform in China, the judgment reason(i.e., the reasoning of judgment in the judicial process), has gradually become a widely concerned matter of both academy circle and judicial practice circle. To considerate from a practical point of view, the judgment reason in our country still have many problems. In order to applying the theories in response to the reality, promoting the rule of law’s construction and the reform of the judicial system, it is necessary to explore the approach to perfect the judgment reason. Focus on the microcosmic, application of legal methods, especially the methods of legal argument has very important meaning and advantage effects to the reasoning of the judgment. The reasoning of judgment is the purpose and legal argument is the method. Only if the method is applied correctly, can the purpose be reached. This article aims to explore the legal argumentation’s important significance to the perfection of judgment reason and how to use the legal argumentation method correctly to perfect the reasoning of judgment in China. The main structure of the article is as follows:Introduction: the background and significance of the research, the main research methods and disadvantages of the article.The first part: firstly defining the conception of judgment reason; then discussing the judgment reason should have three attributes: legitimacy, reasonability and acceptability; then discussing the significance and effects of the judgment reason; finally analyzing the disadvantages of judgment reason in China’s reality and its causes briefly.The second part: discussing main approaches of perfecting the judgment reason from multiple aspects, and stating that during the approaches the legal argumentation is the most important and effective approach. The following content is divided into two levels: the first level is to define the concept of legal argumentation and identify its differences with legal interpretation or legal reasoning; the second level is analyzing the legal argumentation’s significance to the judgment reason from legitimacy, reasonability and acceptability.The third part: discussing the foreign experience of legal argumentation’s application in judgment reason by comparing the common law system and civil law system. The following is the key part of this section and the article, which discusses how to use the legal argumentation methods of logic, rhetoric and argument to perfect the judgment reason.Conclusion: reiterating the article’s main purpose and making a short brief.