The Research Of Legal Argumentation Under The Perspective Of Pragma-dialectical Theory

The theory of pragma-dialectical in this paper Frans Van Eemeren and Rob Grootendorst created is based on pragmatics, abide by the application of its principles of language, the speech act theory to analyze the use of argumentation of speech. Critical test of all kinds of argumentation schemes used in the argument, attempts through the ideal critical discussion mode to truly eliminate the differences of opinion between the main argument. Debate exists widely in many fields or more context, judicial activities is in fact a special context argument process, legal argument for the process is participatory, set logic, rhetoric and argumentation in one activity. And this paper is based on the pragma-dialectical theory, from the two aspects of argumentation of pragmatic and critical analysis and research on the legal argumentation.This paper is divided into three parts to carry on the writing:The first part focuses on the relevant theoretical knowledge in pragma-dialectical theory. Including adopted the argumentation theory argument view, the definition of argument,the starting point and the rationality problem. Then discusses from the angle of critical argumentation in this debate in order to resolve differences of opinion required by the critical stage, had to observe the rules of critical discussion and critical questions adopted by the arguments of the schema required to answer. Finally, from the point of view of pragmatic discourse to speak in this kind of argumentation means that a certain act, the debaters should abide by the principles and rules of debate language use to avoid fallacy, also carry on the reconstruction to the unexpressed premise by adopting the method of pragmatic of the maximum value, to construct a complete argument.The second part briefly describes a variety of legal argumentation mode, from the formal and informal two aspects to analyse and compare the variety of legal argumentation mode. And then put forward a generalized model of legal argumentation, namely the legal argumentation should be formal and informal combination, process, procedure and result of the unity, the prosecution, the prosecutor and the judge are in activities.The third part expounds the concrete application of the relevant knowledge of pragma-dialectical theory in activities in legal argumentation. To analyze the activities of legal argumentation from two perspectives of critical argumentation and pragmatic argument, also designate multiple stages in the specific judicial activities, related theories and methods of pragma-dialectical theory can help to improve the efficiency of the trial, prompting the litigants and judge to rational legal argumentation behavior, which is beneficial to producing a fair judicial adjudication.