Research The Misunderstandings In Judicial Reasoning Of Ancient China

Exercises of Judicial reasoning were extensive used in ancient China,it hasprovided important avenue to settle disputes in judgments,which is deserve toaffirm.whereas,we should take notice of the misunderstandings that exits in exercisesof judicial reasoning in ancient China.Through the method of case analyse that thispaper mainly adopt and restoring the means of judicial reasoning in these cases,thethesis analyses and appraises judicial reasoning exercises which from four aspects：deductive judicial reasoning,inductive judicial reasoning,analogic judicial reasoningand practical judicial reasoning,this part is a innovation of this thesis.Based on thesystemic analysis of judicial reasoning exercises in ancient China,the third chapteroverall sums up four main causes about misunderstandings’ making,and by quotingclassic case of judicial reasoning exercises,drawing conclusions what are ignoringprocedure or even excluding use in deductive judicial reasoning,lack of sum-up aboutfacts of case,inappropriate using in analogic judicial reasoning and serious trend ofjudge’s supposition.There are definite several reasons for these misunderstandings,inthis article,the main reasons how the misunderstandings produces in the process ofjudicial reasoning are analyzed, and the misunderstandings are thought to be mainlycaused by four aspects:deficient in logical foundations,greater influence byreason,serious phenomena of belittling procedure and close connection with extort aconfession by torture.Compared with the ancient China,there are similarmisunderstandings in judicial reasoning exercises during the present time,so making aprofound analysis of misunderstandings can alert us to the application of judicialreasoning.