Font Size: a A A

Assessment Of Litigation Argument

Posted on:2015-04-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2296330467454335Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Since1960s and1970s, the theory of Legal Argumentation has become systematic.More and more scholars focus on the study of Legal Argumentation, thus making theacademic research of this area refined and pragmatic. The special study of litigationproof came into being in such an environment. Guiding practice is the ultimate valueof theory. Litigation Argumentation, a demonstration mode focusing on judicialprocess, is a effective shortcut to the question how to put the increasingly fulfillingLegal Argumentation theory into judicial practice in a better way. The current studyon Litigation Argumentation is still at the stage of “what” and “why”, nevertheless,the step of “how” must be taken to solve problems in judicial practice by thismethodology. The starting point of this step is to distinguish “good” and “bad”argumentation. Building on this foundation, this paper differentiates thedemonstration features of trial party as neutral judge and clients as disputed subjectsand formulates assessment standards and specific rules of their own argumentactivities. With argument evaluation as its subject, litigation game framework byProf. Xiong Minghui of the Institute of logic and cognition, Zhongshan University asits reference, civil evidence rules as its perspective, this paper combines thestandards of logic, rhetoric, argumentation and laws, in order toestablish civil litigation evaluation framework for scholars to discuss and consummate. To elaborate this topic, this paper is divided into five chapters and tensections.Chapter One: introduction. This part summarizes the status of legal argumentationresearch by theoretic introduction and highlights the characteristics of litigation bythe comparison of legal argumentation concepts, the concepts of logicalargumentation and legal argumentation.Chapter Two: overview of Litigation Argumentation and assessment. This partconducts a basic overview of Litigation argument assessment from the perspectivesof connotation and evaluation standards of Litigation argument assessment.Chapter Three: the assessment of trial party. On the basis of thestandard procedure of Argument Evaluation, this part discusses the logic evaluationstandards with the validity and degree of argumentation as its main line,Legal evaluation standards with proof standards, examination ofevidence rules and evaluation criteria as its core and rhetoric evaluation standardswith the persuasion of clients, procuratorate, superior court and the target audienceas its heart in order to construct the trial argumentation assessment system.Chapter Four: the evaluation of both parties. This part focuses on the both parties oflitigation. According to the characteristics of the argument, this paper analyzesthe standards of logic, argumentation standards and legal standards. The logicstandards mainly consider the premise authenticity and validity of inference; thestandards of argumentation judge the elimination of rational argument rules and thedivergence of opinions; the legal standards can be divided into two parts: substantivelaw and procedure law.Chapter Five: Conclusion.
Keywords/Search Tags:Litigation Argumentation, Evaluation, Logic standards, Rhetoric standards, Argumentation standards, Legal standards
PDF Full Text Request
Related items