The Type Of Legal Method And Relevance

The study of legal method of scholars today pays great attention to the issue, it is to improve the legal workers thinking theory, the core of legal methods is to have legal thinking research. At present scholars of law gradually from the whole to part of discussions, are constantly improving the legal methods in the use of the demand. However, the legal methods in China on the development of basic theory is introduced abroad, started late, slow development, adaptability is also frequent. The legal method of different scholars on its definition is various, the problems are different, there are many problems still need further improvement and development, and overcome the problem of analysis in order to promote judicial fairness, justice. At the same time, in the premise of legal methodology system is not perfect, although there have been theoretical articles, but not for the systematic. How to connect between the various legal methods, applicable to judicial adjudication in our country has become the main research direction of legal methods.In the administration of justice, law has become the only standard to resolve social contradictions, the contradiction between the rules and the facts generated in the process of handling the case of the only resort to the legal interpretation in this method, other legal method has not been applied to the judicial judgment, and there is no unified rules. Therefore, first of all to the concept of various legal methods of rational norms, the establishment of the applicable rules, and to clarify the legal classification method, the classification of standard features and make unified. The key is to our existing system of legal analysis, find out its limitations, and establish reasonable and perfect measures. Secondly, use the method to fully reflect the legal reasoning in judicial adjudication, its practical significance is to avoid the legal reasoning in the process of legal interpretation thinking. So, we should analyze and discuss some basic problems of the theory of legal reasoning, to fully affirmed the syllogism method of legal reasoning in judicial adjudication, at the same time, we should also recognize the limitations of judicial syllogism reflected in the future development of the. Once again, China’s judicial adjudication in rationality and impartiality should be improved, the legal reasoning and legal interpretation, legal reasoning in judicial adjudication, make full use of legal methods to improve judicial rationality and impartiality. Finally, this paper describes the method of connection between different legal and combined with the actual case analysis, find rules of use of legal methods is how to improve the legal method, how effective role, explore how to use legal methods, and the relationship between the legal methods to make a clear and reasonable definition.