Research On The Judicial Syllogism On The Basis Of Judgments

The judicial referee is the binding form of the referee that solve social conflicts andprotect people’s rights. The judgment is one of the judicial referee documents and is to judgethe epitome of the trial. A good judgment can be very good to achieve the effect of litigationdisputes. However, in judicial practice, making judgments exist some problems, such as theverdict, sentence format without good reasons, court decision inference using the difficultposition and so on, its quality remains to be improved further. Sounding judgment andimproving the quality of court decision inference are inseparable.Judicial syllogism is syllogism in practice results in the process of judicial judgment andthe main reasoning model judge the case. It plays an important role in the judgment, mainlydisplays in three aspects: first, to ensure the judicial decision consistency logic structure;second, guaranteeing the fairness of judicial decisions; third, enhancing the acceptability ofverdicts. Judgment reasoning plays an important role in the judgment, and the improvementof the judgment reasoning is necessary to improve the quality of the judgment.The judicialsyllogism is the main form of reasoning in the decision inference. Because of the law as thesource of the major premise that have relative stability and hysteresis led to certain difficultiesin the application of the judicial syllogism. The judicial syllogism operating machinery hasalso led to its shortcomings in practice. First of all it is worth noting that is to perfect thejudicial syllogism to consummate the judgment reasoning.So this paper mainly analyzing theexisting problems in the application of judicial syllogism by the judge as the foundation andproposes the corresponding perfect measures. The improvement of the judicial syllogism willprompt the judge to use the case reasoning model fully and get judge results, safeguardingjudicial authority and the image of a fair and just. This is conducive to the improvement of thequality of the judgment, in response to the judicial reformation.This paper mainly analysis from the following ideas of judicial syllogism:Introduction: this part put forward the research purpose, this paper review, researchmethods and thinking structure.Part I: Syllogism and the judicial syllogism. This part mainly introduces the concept ofjudicial syllogism and the basic structure of the judicial syllogism and confusing concepts related to make the comparative analysis.It is helpful for the reader to understand what’ s thejudicial syllogism. This paper expounds the historical background of the judicial syllogism.Part II: the relevance of judicial syllogism and judicial decisions. First of all, illustratingwhat is the structure of the sentence and the judgment, the paper analyzes the current situationof the judgment. Second, this part elucidate the role of the judicial syllogism in judicialdecisions, provided theory meaning and practice meaning for the judicial syllogism. Finally,this part analyzes the difficulties in the judicial syllogism in judicial decisions, such as themajor premise legal norm’s own limitations and the mechanical operation of the reasoningmode.Part III: the judicial syllogism perfect measures in judicial decisions. The form ofreasoning and substantive reasoning provide the measures to perfect the judicial syllogism:the main measures of the forms of reasoning are to expand the scope of the major premise thatincrease the customary law, policy, basic principles, and the case guidance connection; themain measure of the substantial reasoning is the introduction of value judgment, at the sametime, emphasizing to improve the comprehensive quality of the judge.Part IV: the epilogue. This part review about the contents of the article, at the sametime,to make a full summary understanding.