| Although the academic circle for the legal reasoning is in development, but injudicial practice, in China's judicial process of legal reasoning in legal method has notreceived due attention. On one hand as a result of our country long-term historicalreason and our national conditions, the other side of legal reasoning in judicial practicethere are some defects in the process.In the judicial practice and further perfect thelegal reasoning, to enhance the level of legal reasoning, legal reasoning is to give fullplay to the positive role of realizing judicial justice, the ultimate realization of socialjustice is the important method. Perfect the legal reasoning of the defect in the judicialpractice of our country has important practical significance and theoreticalsignificance.On the further research of legal reasoning on the basis of relevant information,first of all, to legal reasoning research object analyzes the connotation, classificationand legal reasoning for rational explanations. Secondly, using the method ofcomparative study on the domestic research situation analysis of our country, in thissituation if achieving justice through legal reasoning.Based on the methods of legal reasoning and justice studies basic view mainly hasfollowing several aspects:(1) theory of legal reasoning for the analysis of defects, tolearn foreign research on the theory of legal reasoning, the results of our judicialpractice, and according to China's national innovation improvement.(2) In judicialpractice, how to avoid too much emphasis on the form of reasoning to the neglect ofthe real reasoning and the resulting impact of separation on the form and content of afair and just. This construction of the rule of law in China has a significant role.In this paper, drawing on international law and the logician's point of view, legalreasoning and re-examine the relationship between justice, to break the legal reasoningin the application of the embarrassing situation exists to provide a new path forreference. To justice as a wedge, get rid of rigid application model, a unified view ofthe dialectical relationship between the various forms of reasoning in order to achieve justice for the ultimate goal to improve the legal reasoning in these areas put forwardtheir own views. |
