The Standard Of Legal Demonstration’s Rationality

Epistemological and methodological’s turn gave the birth for the theory of legal argumentation, and achieved many significant research results in the continuous efforts and innovative research of scholars.But thinking and questioning the most basic questions of the rationality of legal argumentation, is rarely be interested, and the reasonableness standard of the legal reasoning was varied and blurred. Cases accompanied by the administration of justice in many of the community which the public generally controversial,it is difficult for them to accept the referee results.So discussing the rationality of legal argumentation therefore entered the author’s vision. The legal reasoning refered in the article is only a narrow legal argument, that is, the administration of justice. I believe that the rationality of legal argumentation must have a form of rationality and substantive rationality, not only reflected in the program, but also to the demonstrated results,which are reasonable in the legal and social rationality of internal and external requirements to achieve consistent between the inner and external rationality tends to balance the unified. Reasonable standards of legal reasoning embodied from the inside and the outside to inside of mutual integration of the whole, including in the combination of standards and external standards. Its internal standard is mainly determined by the elements of legal reasoning,but the external standard is reflected in the public opinion of the public. The inherent rationality of the standard argument with the legal, and factual basis for rational public opinion of the reasonableness of the external standard of rationality with social basis. In this paper, the administration of justice as the central perspective, the administration of justice in legal argumentation to the reasonableness of this rationality in a variety of complex factors can only be a relatively reasonable, the absolute rationality does not exist.The full text of five parts to the subject matter described, including "An overview of the reasonable standard of legal argumentation","Legal argumentation rationality of the internal standard ","The external standard of rationality of legal argumentation","Legal argumentation and reasonable within and outside the contents of the standard relations"and"The conclusion ".The introduction mainly talked about the rationality of legal argumentation and the importance and value of this standard. The first chapter introduces the reasonable standards of legal reasoning. The second analysis to explore the elements of legal reasoning and its four inner standard of reasonableness. Chapter III addressed a reasonable demonstration of public opinion rational absorb and rational public opinion is the external standard of rationality of legal argumentation. The fourth chapter analyzes the relationship between the inside and outside standard of legal argumentation. The main conclusions of the reasonableness criteria of legal reasoning is internal and external standards from the inside and from outside to inside the penetration of integration, to achieve the legal and factual basis and the social basis of docking in the judicial cases. Public opinion in the legal reasoning involved in the administration of justice to the formation of benign judicial interaction, creating a harmonious legal environment, society.Public opinion and legal acts covering the universal values of society to achieve a real sense of harmony.The above is the main issues and ideas of the paper discussed, is the main contents of this article. By examining the reasonableness of several legal argumentation theory, thinking about how to determine it on the reasonableness,I puts forward my own point of view:a reasonable standard of legal reasoning is reflected not only on the reasonableness of the basis of the four elements included in the more important dimension,but it also can not be separated from the public opinion, only while adhering to the inside and outside standard of the reasonable argument can we get out the plight of the administration of justice acceptable pursuit.