Research On The Problems In The Civil Trial Judicial Practice Of Legal Argument

The process of judicial judgment is a process of using the law to solve all kinds of disputes essentially. In this process, the judge should not only ascertain the facts and applicable laws to make the referee correctly, but also show the whole decision process to the parties and the readers result in convincing them. This process is the legal argumentation.Legal argument arose in the last half of the 20th century, there are a lot of specializations within it, and content is very broad. The research of legal argumentation in China started relatively late, it is still in the initial and stage of development. In the judicial practice is also less. But with the development of the society, the legal argument use judgment documents as its carrier more and more get people's attention. Sufficient legal arguments is a necessary requirement for the state power exercise opened?legally and rightful. It can make up the shortfall of legal reasoning and legal interpretation, prevent the judicial arbitrariness; To achieve consensus, improve the acceptable degree; Promote the realization of procedural justice? It is the rule of law needs. This shows that how important it is to improve the legal argument use judgment documents as its carrier. But in the judicial practice of civil trial in China, the process of legal argumentation is often not satisfactory. Many judges just pay attention to the results of judgment and ignore the legal argument; Legal argumentation is not analytical, lead to the judgment is not coherent; Legal argumentation is not sufficient lead to the judgment is not acceptable and so on.On the basis of the theory of legal argumentation, this article analyzed the problems and the reasons of the civil trial judicial practice of legal argument deep. From the social structure and the environment of justice in China^ judicial system and the judge analyzed the causes of Problems. put forward the effective countermeasures to solve the problem exploratory, and put forward some personal opinions in the following four aspects:perfect the relevant regulations of legal argumentation? improve the professional quality of judges?deepening the trial of specialization? choose appropriate reasoning methods Timely (Strengthen the logical argumentation in the application of the judgment?Give full play to the persuade function of rhetoric argumentation. Create equal sincerity and rational discussion), it will have a certain significance to solve the problem of civil trial legal arguments in the judicial practice.