On The Analogical Reasoning Applies In Difficult Cases

Analogical reasoning used in the judicial process is an issue worthy of our attention, it is an integral part of the legal methodology, legal thinking judges in the court case when in use. But we all know that analogical reasoning is the core of the case law reasoning system, our system is the statute, deductive reasoning is the main method of legal reasoning, judges generally do not use analogical reasoning in the judgment, but that does not mean that the judgment is not apply. In dealing with difficult cases, the judge in the process of thinking, often carried out to find the relevant case reference, which is bound to apply to analogical reasoning.The article is divided into four chapters, the first chapter is the basic theory of analogical reasoning in hard cases applicable understanding. It was elaborated difficult cases, analogical reasoning, and analogical reasoning theory applicable in difficult cases. The second chapter is a legal analysis of analogical reasoning. Chapter III, Chapter IV is also a key part of this paper, through the analysis of the aforementioned difficult cases and analogical reasoning by analogy. Analysis of the reasoning applied in hard cases, and eventually return to the current problem is how it is good use of analogical reasoning, the article presents the author’s suggestion.In this paper, the referee practice to understand the premise of China case guidance system, fully study the causes of analogical reasoning and the application in difficult cases, and deepen the study of analogical reasoning statute under the system, which can better guide judges and better implement case guidance system with Chinese characteristic...