The Research On Realization For The Judicial Practice Value Of Legal Argumentation

Legal argumentation theory has been full attentioned in philosophy of international law, and gotten an in-depth study, and has been widely used in practice. But for the field of judicial practice and legal theory, it is still in the trial stage shallow. How to implement the judicial practice field, was still an exploratory thing. In the current context of the reality of judicial reform, what is the value of judicial reform tend to ? There is no doubt that we pursue substantive justice and procedural fairness, through a fair process to universal social justice. Due to the influence of traditional Chinese legal culture by the general public that the law is only a tool only statecraft is the duty of the government to develop and select the ordinary people only accept. The basic purpose of China's judicial activity is widely regarded as "Case Closed things, victory and defeat are clear, Mediating dispute", and judicial justice reform strategy adopted by Chinese judges and the judicial system specific mode of operation, not our imagination the so-called "rule of law type" in the Western dispute processing mode. Practical Value of legal argument, particularly legal argumentation in the trial of justice and judicial decisions will be the key parts that affect the power rhetoric, the key parts of the judicial reform to get a reasonable solution, contribute to the building of the rule of law, legal argumentation will also be a good medicine of socialism "dream rule of law" to achieve.As an important way to legal argumentation in the entire legal process,it plays an important role in the real judicial practice. But from a practical point of view, judicial proceedings argument is unknown, the judicial justice instruments disarray defects long been criticized by the community. Do not pay attention to the judgment document legal argument, and does not demonstrate the existence of a judge, the case would not widespread argument, the practical value of legal argument has not been properly realized. For the practical value of the legal argument which of these aspects and the practical value of these and other judicial practice how to achieve is a very important practical problem urgently that we go through the study of theory, by summarizing the judicial practice experience and lessons learned, to practice clear practical value and realize the value of legal argumentation.Firstly, the study of the general theory of legal argumentation of the West began, and strive to clarify the origins and meaning of the theory of legal argument, and from the angle of legal argumentation and reasoning characteristic paths, analysis of legal argumentation theory differents from East and West, as discussed legal argumentation legal argumentation theory born out of practical significance in the judicial practice has. Secondly, as a legal method of legal argument and related concepts discrimination, including discrimination and legal reasoning and legal interpretation and legal rhetoric, trying to outline a clear path of legal argument, rules and purpose. Finally, a systematic analysis of the legal reasoning in the West legislative and judicial practice in the use, combined with China's current situation, the legal reasoning set forth in the value of China's judicial practice and judicial team, judicial proceedings, justice instruments and judicial reform four aspect, from a focus on the team as a judicial body of small practices to large national judicial reform in practice, from the operational level to the level of abstract thinking construct to justify and try to build the system of judicial practice value of legal argument.