On The Legal Reasoning Of China Judicial Judgment

This paper starts from legal reasoning. We overview the basic knowledge of legalreasoning and analyse the probloms existing in the practice of the legal reasoning. Finally, wewould find the answer to perfecting the legal reasoning in our country’s trial practice.Establishing the mechanism of legal reasoning in judicial practice to realize the fairness.Four parts are included in this paper. In the first chapter we outline the history, definition,categories and charactors of the legal reasoning, also we simply introduce the study of thistopic now. In the second chapter we mainly explore the function and value of legal reasoningin judicial jugement. In the third chapter we basically study the questions of legal reasoning inChina’s judicial practice, and we simply analyse the causes of the questions.In the last one bylooking at the existence of many problems on the use of legal reasoning in our country’sjudicial jugement, this article from the theory and practice, double vision to explore problemsin the path.The theory of legal reasoning has many research directions. This paper only analyses therepresentative and practical legal reasoning in trial practice. This paper innovates in twoaspects. Firstly, it proceeds with the foundational theories of legal reasoning, emphasisllyanalyzing its definition, categories and charactors and fully understanding its shortcomings inour country’s trial practice. On the basis of the analysis above, the paper puts forward thesuggestions how to perfect the legal reasoning in trial practice. Analyzing the conclusion ofpromoting the reform of judicial system with legal reasoning along concept analysis-necessityand value-suggestions would contribute to the problem to further. And then to find themethods of pefecting the legal reasoning in judicial jugement.