The Study On The Defeasibility Of Legal Reasoning Premise

Defeasibility is a relatively uncommon concept. In recent years, with the revival of the discourse theory, the development of the new rhetoric, coupled with the support of artificial intelligence, legal argument caused widespread interest, and the disputes of legal reasoning is to grab the attention of people, In the foreign country,the document of legal disputes in the reasoning has published a lot of,at the same time,there also have some papers about the disputes of legal reasoning in our country.we recognize the legal reasoning conclusion looks like the real, but with the addition of new information,the conclusion may be abolished. Legal reasoning conclusion has disputes with various factors:on the one hand, stems from reasoning model and conclusion acceptability; Another important source is the openness of legal rules and legal facts. Law and legal facts of openness is the premise of legal reasoning can be contested. We gave a lot of attention on the disputes of legal reasoning conclusion, but the defeasibility of Legal reasoning premise,which is one of the main sources of the disputes of legal reasoning, is less studied. The defeasibility of Legal reasoning premise includes two aspects:legal reasoning premise--the rule of law can be contested; Legal reasoning minor premise-legal facts can be contested. The defeasibility of Legal reasoning premise is not only one of the roots of legal reasoning conclusion be contested, more is to contact the hub of law thinking and methodology, the defeasibility of Legal reasoning premise can be contested unlock the doors of the methodology of law studies and it has contested the law methodology research. The defeasibility of Legal reasoning premise has profound theoretical background premise, There are a lot of discussion in philosophy of law and legal logic, meanwhile, it also has the realistic background, the development of artificial intelligence and postmodern jurisprudence on the deconstruction of the modern rule of law. At the same time, there are many embodiments of the defeasibility of Legal reasoning premise in the judicial trial:the embodiment of the enacted law itself; Set the case-hearing level system; The setting of evidence system. The study on the defeasibility of Legal reasoning premise plays an important role on the development of our country law, it provided the perfection of the judicial process in our country with a lot of important Revelations, provides an important support to the study of legal methodology, which further revelation of legal workers, especially judges, should attach importance to legal methodology, In order to better fight for justice,they should be familiar with all kinds of legal method.