Analogical Reasoning And Case Guidance System

In case law countries，analogical reasoning is the reasoning process that the judges trycases and there are many important results on analogical reasoning. In China such anenactment countries, trial practical or legal theory focuses on the study of deductive reasoningand there is very limited research on analogical reasoning. The research of combination ofanalogical reasoning and trial practice is more limited.To make a final decision, including the whole process of legal reasoning the judgesapply, and the choice of core of reasoning is associated with a country’s legal system. Ourcountry is an enactment countries, the judge has been using deductive reasoning inexamining a case and judgment. But due to the defects of statute law itself and the inherentdefects of deductive reasoning logically, caused the phenomenon seriously that same kindcases will present different decisions in judicial practice in our country, caused the legitimacyand the rationality of the referee inconsistent, also caused the the problem of efficiency andtrial experience, etc. In order to solve these problems, in the judicial practice, many judgeshave tried to consult our college or the superior court of effective judgment and use analogicalreasoning to try cases; in the system, many courts has made the research to refer to theprecedent and has already made some achievements. In our country, it is necessary toestablish case instruction system, and the establishment of the case instruction system hasphilosophical, legal and logical basis. After the supreme people’s court issue documentsabout the case construction system, case construction system in our country has preliminaryestablished, but there are not relevant supporting systems that how to apply these cases. Theserelevant supporting systems and combined with the analogy reasoning and deductivereasoning are inseparable, this will inevitably involve the use of the logical process ofanalogical reasoning and analogical reasoning. The purpose of this article is based on thestudy of the analogical reasoning and analogical reasoning used in trials of Case Lawcountries summing up the analogical reasoning process is suitable for our country judicialpractice need. On this basis, this article will give some advice to perfect the case constructionsystem in China and how to better use these cases in the trial practice. This article is dividedinto three parts, respectively, introducing the necessity and basis of the case constructionsystem and establish and perfect it, to establish the feasibility and importance of caseconstruction system in detail, and open up a path to fully establish the case construction system in our country. This paper uses methods of questionnaire investigation, case study inthe process of writing, and took the method of paper questionnaire survey to investigateapplying legal reasoning and follow precedent in CH district of Chengdu civil court judges,then looked at some typical cases that have important instructional significance released byChengdu intermediate people’s court and Sichuan high court, and found some some cases ofsocial influence, analyzing reasons that application of law is not unified or legal or rational.