The Argument Of Law

At present, the study of legal logic is not much, in most cases is to separate law and logic, or just the logic as a tool, and didn’t get the corresponding value. And is the core of legal logic reasoning and argument. The demonstration of the general theory of goal is to determine how to proper analysis and evaluation is discussed.In argumentation theory, this paper puts forward to a certain discourse is the establishment of fair and reasonable standard. The focus of the theory not only lies in the justice of the "ideal" standard, but also the legal matters is used in the acceptance criteria. And the referee demonstrates the key lies in how to determine the standard of this kind of argument, so as to apply the standard to judge in the process, to form a reasonable judge the results.Including a complete legal argument to the trial, the prosecution and the responding party, respectively, the author through the study of legal logic, think both criminal lawsuit and civil lawsuit field at present, there is the referee injustice, in part because no form the logical system. The judge’s position is embodied in the judgment, the results of his referee must be sufficient to make the parties and accepted by other members of the court and the whole law, so this kind of litigation under the argument of the referee to what kind of standard to reflect the legitimacy of law? His explanation for a certain rules of law applicable to the case? The applicable results conformed to the social expectation of justice? The judicial results with political and policy factors related? This is all we need to ponder question. Hope that through this article, therefore, in the perspective of logic, choice of litigation proof, the referee behavior in order to consider the various factors, logical and convincing the judgement.The author plans to microscopic demonstration research as a starting point of law,legal argumentation theory for reference, tries to form a system of logic and the referee standard. Through the dialogue paper summarizes various rhetorical logic theory, and combining the characteristics of a large number of legally contradictions case, trying to use logic rhetoric means in this case study, the different logical modelapplied in different areas of the referee thesis, in order to comb for legal conflict can have clear logical thinking.But at present, the research on the legal logic is also less, and the corresponding book publication quantity is limited, so the author’s analysis are some of the fur, for the use of the logical model is a bit rusty. The logical law of contradiction is not eliminate factors, we can only through the way of logic, which appear contradictions conflict,can use of rational thinking, and at the same time attaches great importance to the law to persuade, such ability combined with rational value orientation, to realize the social function of the law.