Legal Reasoning And It’s Application In The Administrative Judge

The article begins from the concrete connotation of legal reasoning and legal reasoning methods to lead to the emphasis--the situation of usage of legal reasoning in administrative adjudication. First, the article begins from concrete administrative adjudication cases to introduce the situation of usage of legal reasoning in administrative adjudication with profundity and an easy-to-understandable approach; and then concludes the features of legal reasoning in administrative adjudication and introduces the effect of legal adjudication in administrative adjudication. Furthermore, the article illustrates the dilemma of legal reasoning in administrative adjudication; finally, it is divided into “building the thinking mode of rule of law” and “mastering the methods of rule of law” to illustrate the measures for improving the usage of legal reasoning in administrative adjudication.The article is divided into three parts.The first part introduces the connotation and methods of legal reasoning; simply introduces the classification of formal reasoning and definition of substantive reasoning; and emphasizes to introduce the inner relation and essential difference between formal reasoning and substantive reasoning.The second part embraces the application situation and effect of legal reasoning in administrative adjudication to begin illustration; introduces how to use legal reasoning in concrete administrative action; analyzes the substantive reasoning used in the case and emphasizes to illustrate the inspiration of the case to lead to features of using legal reasoning in administration and introduce the effect of legal reasoning in administrative adjudication.The third part introduces the dilemma and measures of the application of legal reasoning in administrative adjudication. First, it illustrates the dilemmas of the application of legal reasoning in administrative adjudication and their reasons; finally, it introduces the improvement ways of the application of legal reasoning in Chinese administrative adjudication from “building the thinking mode of rule of law” and “mastering the methods of rule of law”.