Legal Argument In The Field Of Legal Negotiations Theory

Legal argumentation is an important branch of legal logic. China’s legal argumentationtheory research mainly confined to traditional logic perspective. Without doubt，traditionallogic perspective is the foundation of legal argumentation theory, but it also has somelimitations. Although it solves the legitimacy of the form for legal argumentations, not onlyemphasized the premise--the authority of the rules, and can provide the ultimate persuasion toconclusion-judicial verdict. Nevertheless, it is a kind of legal argumentation under thedominant rules, which emphasize the legitimacy of conclusion, and at the same time sacrificethe legitimacy of consideration to the outside of legal system.In order to make up the defect of the traditional legal argumentation，which onlyemphasize form but essence, the author introduced the theory of legal negotiations theory. Inorder to help the judicial practice，the author proposed the basic framework of the legalnegotiations and preliminary explored the application to Justice judgment. The paperdiscusses from the following four parts：Part one：traditional perspective of legal argumentation theoryThis part simply introduced research status of the traditional legal argumentation, affirmthe function of traditional legal argumentation and also points out its limitations，furthermore，this part indicates that legal argumentation theory is transforming from traditional logicperspective to informal logic perspective.Part two：new perspective to legal argumentation theory researchThis part brings of the legal argumentation theory to the field of legal negotiations.Dividing the theory into ideal legal negotiations theory and limited legal negotiations theory,and giving detailed introduction，then the author give out a comprehensive evaluation andpoints out meaning of research on legal argumentation.Part three：the framework of legal negotiations argumentationCombining with the legal negotiations theory in part two，this part give a framework of legal negotiations argumentation based on summary and reference of legal negotiations theory.And specifically explain the framework from connotation, features, the evaluation standards,rules and procedures respectively.Part four：preliminary exploration to the application to Justice judgmentThis part tries to apply the way of legal negotiations argumentation to Justice judgment,explore the combination of legal negotiations argumentation and Justice judgment and tries toexplore a legal argumentation model which is different from judicial syllogistic.