Push The Kind Of Logic Of Judicial Judgment In Our Country

Historically, push the class as a kind of logical reasoning theory research generallylimited to a certain period or a school of thinkers, involving mainly logic theory, a simpleintroduction and understanding, not to push the class thought in-depth analysis, more notapply inference logic from practice, especially to the judicial practice to test. Many scholarsbelieve that no logic in ancient China, therefore, to study China’s the kind of thinking alsomust be compared with reference to the western logic, although this is the thinking of research,but we should see China pushing class logic has its own characteristics.In this paper, by analyzing various periods of pushing such thoughts in ancient China tofurther demonstrate the dominant type of reasoning of ancient Chinese logic-"push", throughthe introduction of various periods of different school push such thoughts, clarify inferencelogic theory in ancient China characteristics and its cultural spirit itself carries the aggregates.And explain the reason of the existence of Chinese logic and the cultural background. And,more importantly, through the research on class logic theory in ancient times in the judicialpractice, knowledge inference logic theory is of practical value.This paper consists of introduction, text and epilogue three partsPreface: mainly introduce the origin, the research of this paper and the research methodsThe text mainly consists of four parts:The first part: through introducing the meaning of "class" and "push" to sum up themeaning of the ancient push class, cultural background and analysis class thought isdetermined by the natural geographical environment and language environment.The second part: through combing different schools in different historical periods, pushthe class thought, analysis of the development of China’s ancient push class thought evolutionprocess. Through further illustrate the dominant type of reasoning of ancient Chinese logicinference thought is what, what is its basic theoretical structure and pattern, back and forth todeal with it.The third part: because the ancient legal norms are the health, the connotation of the lawof fuzziness and narrow scope of the law, makes the inference theory in ancient judicialpractice become indispensable case reasoning model. Because of the pending case with thosestipulated in the law case situation, there is some similarity to the legal norms in the application of the pending case provides a space, and how the logic of theory to refer toexisting law, is a kind of judicial practice of the theory of value.Decide the case using the inference theory through the analysis, elaborated on applicablelawmakers should conform to the meaning of class theory, and under the guidance of theprinciples of law application. In order to push the class theory applicable to people moreconvincing, appropriate limits should be placed on the discretion of the judge.The fourth part: in this paper, the research on such thoughts in the judicial value andsignificance of the referee.