Legal Argument In The Administration Of Justice

The vitality of law lies in its social effects. That it can solve disputes in social lives and can ensure equity and justice. Judicial adjudication is one very important way to realize legal efficacy. Not only, has it needed to protect the substantive rights of civilians, but also to prove its legitimacy distinctively. The limitation of law is that it can’t involve all the details in it emerged.In judicial practice, to overcome the limitation of law, to clarify the intension of law and to finally put law into use, a judge would need the help of legal interpretation. However, legal interpretation can’t prove its legitimacy itself. Therefore, through the study of legal argumentation in judicial adjudication, the thesis’s purpose is to ensure the litigant could accept and believe the legitimacy of the verdict from the inside by knowing why and how the decision is made.Therefore, there are three points that needed to be noted during the legal argumentation of judicial adjudication. First, an interpretation of some vague regulation is needed so that the litigant could understand how to use it specifically. Second, an argumentation of the legitimacy about making law specific is needed. Third, according to the psychological characteristics of the audiences, the involvement of some proper argumentation and emotion atmosphere could make it easier to accept for them. Besides, legal argumentation of judicial adjudication could also prevent the judge from arbitrary. In another word, legal argumentation itself means to something about procedural justice, about the argumentation of judicial legitimacy.A legitimate judicial adjudication must be both legal and rational. Legal argumentation ensured that in its own way. Learning form the correlated theory, the thesis set forth the specific methods of legal argumentation from three dimensions, logic, rhetoric and judicial dialogue. Logic decided the form of argumentation. Started with legal interpretation, it stipulated the regulation to ensure the argumentation. Rhetoric, in another way, started with acceptability, enhanced the strength of argumentation form the language side. Dialogue otherwise, started with the source of argument, built a platform for litigant to state and exchange their opinion so that a better legal interpretation could be made upon it.Besides, considering the realistic problems during the judicial practice in China, the thesis made some suggestions to improve the institution of legal argumentation and strengthen the ability of judge’s ability. A proposal has also been made to reinforce and improve the reason of verdict in judicial judgment, including strengthening the reason of judgment and improving the reason of it by rhetoric.