Research On The Problems In The Judicial Practice Of Legal Argument

In the modern society, with the full range of judicial reform, the judicial practice of legal argumentation in the field especially in the judgment of legal argumentation benchmarking statement of reasons as more and more valued by the public. In our country, building a socialist country ruled by law, the legal argumentation is rapidly becoming a part of the judicial reform. Many people often evaluation of legal argumentation in judicial, these legal argument whether accord with the standard of the evaluation? Demonstrable reason enough? So expect the legal argumentation can exert its function and role in the judicial practice, to promote the realization of justice. Nowadays the legal argumentation in judicial practice issues in-depth study, it is particularly important. The basic significance in this paper the legal argumentation and full cognition of legal argumentation in judicial practice on, focusing on how to effectively play the function and role of legal argumentation in judicial practice. In this part, the author first analyzes the factors which affect the legal argument, there are three main types of legal argumentation approach, including logic, rhetoric, dialogue. Logic is a formal basis of legal argumentation, fundamentally guarantee the validity of legal argumentation; its purpose is through the use of written and spoken language, enhancement and persuade the effect of expression of parties; a part of dialogue is also the legal argument, from the traditional "monologue" to the current "Discourse", reflects the into the democratic factors in the judicial practice, also is the construction practice of modern democratic countries under the rule of law in judicial field. Judgment is the legal document of national compulsory force with a judge’s content is mandatory, the allocation of a party’s property, restrictions on freedom, behavior norms, even deprivation of the right to life. in this part, the judge should strengthen the application of legal argumentation of adjudicative document, the applicable law, the referee was sufficient reason reasoned argument, improve the conclusion of acceptability. As some scholars have pointed out that the "excessive free argument can reduce the authority of law, but the legal argumentation is theoretically guaranteed an attempt of objectivity of law, still have very good guidance role" in judicial practice, the author write this article is also the purpose of this, if there is some enlightenment role in judicial practice.