The Influence Of Legal Rules And Moral Evaluation On Legal Reasoning

Legal reasoning is an important legal logic category, which is the main research object of the legal logic.It holds an important position in the field of this subject.The development of the society needs to maintain social ordex, law is an important tool to safeguard the social order, law has certain certainty, legal reasoning can reduce the judge such personnel for other reasons for the impact of applicable law.Thus better realize legal certainty. Legal reasoning is an important tool for realizing legal certainty. As China's economic and social development, and legal construction step speeding up, the legal practice increasingly rich content, complex,At present,more and more people pay attention to the study of this subject.This article emphatically analyzed legal rules and moral evaluation of legal reasoning influence from the legal reasoning meaning, types and difficulties . About the basic questions of the legal reasoning such as definition, characteristics, types, and other basic problems, the authors summarizes and analyses the present study results,and represents a meaningful exploration on them.In addition, this paper focuses on the research of rule of law, moral evaluation have important role in the legal reasoning process. law and the moral evaluation selective applicable in legal reasoning process. legal reasoning is a combination that applicable legal rules and moral evaluation .Legal reasoning research is a huge and arduous engineering, not only need profound legal philosophy foundation, but also need possess a sound logic strength. The author attempts to study law and the moral evaluation to the influence of legal reasoning only with her limited ability, in order to seek a legal logic research methods which is not divorced from legal actual .This paper is composed of five chapters.will be divided into five chapters.chapter studies the overview of legal reasoning, including legal reasoning meaning and type; Chapter studies legal reasoning dilemma, the form of legal reasoning and formal ustice constraints, The chapter studies the legal rules, including legal rules of meaning and type, legal rules can be divided into descriptive and guiding legal rules, Chapter is about moral comments meaning and type; The chapter is law and the moral evaluation of legal reasoning, mainly analysis the influence of rule of law and moral evaluation of legal reasoning process, the influence of legal reasoning on both selective applicable, legal reasoning is applicable legal rules and moral evaluation combination of the two.This article uses the following research methods:First, the literature. Make full use of domestic and foreign relevant legal rules, moral evaluation and legal reasoning of this topic related literature material, grasp the domestic and foreign research dynamic, and on this basis, this study material expansion, expand research ideas and channels.Second, the qualitative analysis. Qualitative analysis is to research objects by "quality" aspects of the analysis. Specifically say use induction and deduction, analysis and synthesis and abstract and summarized methods for all sorts of acquisition materials processing, can thus thinking the dross and selecting the true, concatenates, youbiaojili, to know the essence and revealing the inherent law.Third, function analysis method. Functional analysis is used to analyze social phenomenon of social science of a kind of method.