On The Judicial Reasoning And Judge The Value Judgment

Our country a few years to the judicial system of substantive procedures, heavy resultlight analysis, judge pay attention to deduce for patterns of syllogistic reasoning, while in theprocess of judicial reasoning, inevitably into the judges’ value judgments. The judge how theprice for the value judgment and how the constraints are needed to define the, similarly toformal logic as a framework, with substantial reasoning for the content of the judicialreasoning system is also to be constructed. In two, there should be a path, can make itsharmony together, complement each other, complementary, achieve two organic balance.Throughout this paper, divided into five parts, separately from the judges in the judicialpractice how to carry out the law reasoning and judge how to apply value judgments, and howto judge the value judgment of equity and constraints such as the three main aspects. Theintroduction part mainly elaborated our country current judicial reasoning and judge the valuejudgment of current research, mainly for the following chapters to pave the way.The first part of the article, mainly expounds the meaning and main characteristics ofjudicial reasoning, as well as the form of judicial reasoning and substantive justice reasoningclassification. Which respectively from three aspects, namely the judicial reasoning isessentially a kind of rational thinking activity, which has inherent practical character, as wellas the reasoning process is consistent with the characteristics of judicial reasoning isdiscussed. This part also on judicial reasoning types are distinguished, namely into the formof judicial reasoning and the essence of judicial reasoning. The article points out, the form ofjudicial reasoning of judges is the cornerstone of activities, and the reasoning process ismixed with the value judgment is the distinction between forms of judicial reasoning andessence of the important standard of judicial reasoning. The judge in certain circumstances,want inevitably to value judgments, which is the judge in a specific case, in order to obtainthe reasonable and fair judicial judgment inevitable choice.The second part of the article, mainly on the value judgment in judicial practice arediscussed in this paper, firstly the value judgment and the meaning of nature were cut in thephilosophy category, defined the connotation of the concept of value of a scientific definition.Secondly, this part and then the judges discussed the value judgment of the necessity ofobjectivity, subjectivity, three main characteristics. The justice value judgment objectivity, mainly with the objectivity of value to carry out feasibility studies, the article pointed out thatalthough the value judgment is inevitable subjectivity, but it is also affected by variousobjective factors. Once again, the article expounds the value judgment process, namely thejudges first cultivate their sensitive legal sense, then according to their own sense of valuejudgment of law will be objective, rational. Finally, the article also discusses the judges injudicial practice the value judgment function, i.e. discovery, comparison choice function, theclassification function, qualitative judgment and value guidance function.In the third and fourth part of this paper focuses on the part, first of all, this paper mainlydiscusses the judge judicial reasoning approach, i.e., judges in the judicial practice how toconstruct the judicial reasoning premise and the formation of minor premise, and then drawthe conclusion of deductive reasoning. Secondly, the judges in the judicial practice is how tojudge the value of judicial reasoning, respectively, along the logical framework, namely fromthe judicial reasoning premise, minor premise, the conclusions of three aspects of thisexposition. This part mainly focus on judicial reasoning minor premise as well as theformation of judicial reasoning premise and the size of value judgment of the relationship inthree aspects. The construction of the minor premise of judicial process, is mainly based onthe facts of the case on the basis of the judicial confirmation of classification process. In thisprocess, judicial classification is core link, and judge the value judgment is perforative frombeginning to end. The major premise for judicial reasoning process is also inseparable fromthe value judgment, regardless of is the presence of clear legal norm and legal norm is tooabstract to apply, the judge will need to value comparison and selection, its essence is thejudge for the case to find the process of law.The fifth part is the ending part of this text, but also the innovation of this paper. Throughthe above discussion, we already know, judges in judicial practice to value judgments is ahomely food, cannot avoid. But how to judge the value judgment of balance and constraint, itis placed in our country legal system construction is a difficult problem in. If incorrect itsundertake constraint, is bound to China’s legal process to produce adverse effects. Thisrequires us to do some beneficial exploration. The first part summarized the value judgmentof limitations and shortcomings, then in theory and practice two main aspects on how tobalance and restrain the judge judgement of value discuss. At the theoretical level, the main isto try to judge the value judgment system and standardization in equity, by building the legalbelief network, create the legal value system, value judgments for judges provide practical operational standards. In practice, should insist to form the process of judicial reasoning logicrule of necessity and basis, as well as essence in judicial reasoning judge value judgment ofthe subsidiarity principle, through further perfect the system construction, improve the servicelevel and occupation accomplishment, for the socialist legal system construction to explore aroad of harmonious rule by law.