Legal Reasoning In The Judgment Of The Qing Dynasty

Legal reasoning is a common concept in modern law, refers to the legal norms (majorpremise) to the case facts (assumption) two known judgment as the prerequisite, the articleUSES the method of law and rules, to provide the applicable law to justify a logical thinkingactivity.Although legal reasoning is a special concept of law in modern times to appear, but itdoesn’t say of ancient Chinese officials hearing administer justice without using the method oflegal reasoning to decide cases. Throughout various dynasties in ancient China can be found,cfa legal reasoning that logic thinking in ancient China has been in existence.The qing dynasty is China’s last dynasty monarchy, the qing dynasty’s legal system is animportant part of Chinese traditional legal system. The qing dynasty legal system followingthe developed by the legal system of the Ming dynasty, qing dynasty period of the reform forthe rise of China’s modern legal system also made great contributions. Can say that the qingdynasty legal system as a key to the future.On the basis of the qing dynasty legal system, this article adopts the method of empiricalanalysis to study ancient Chinese legal reasoning, the full text altogether five parts.The first part, the general theory of legal reasoning. This section briefly discusses theconnotation of legal reasoning and its application in the judicial practice in our country thenecessity and theoretical basis, especially expounds the legal reasoning in the ancient judicialapplicable in our country, thus the theory basis of full text.The second part, the basis of legal reasoning, legal source. This part expounds theofficial source of the qing dynasty and the informal source of law, at the same time judgmentin the qing dynasty are summarized in detail for different source selection methods andprinciples. For later study of legal reasoning in the qing dynasty made a necessary stage.The third part, the qing dynasty ruling of law explanation. USES the total structure ofthis part, firstly made a general legal reasoning in ancient China, and then to the Xu Gongbrought word "part of the case as sample introduced direct interpretation, interpretation,objective interpretation and reasonable explanation, of course.The fourth part, the qing dynasty ruling on the case facts reasoning method, it is thefocus of this article. This part of the qing dynasty ruled in the legal reasoning are analyzed, and the first when it comes to the characteristics of ancient Chinese thought, and then focuseson specific laws in the qing dynasty ruling reasoning methods, and summarizes the qingdynasty officials to improve the reliability of the reasoning method and the case factsreasoning and found the relations between the law.The fifth part, the qing dynasty ruling on contemporary enlightenment. This partexpounds the qing dynasty ruling legal reasoning to our country modern enlightenmentbrought by the legal theory and judicial practice, especially for the contemporary judicialreform in our country, judicial documents, and the judge team construction of enlightenment.