The Logic And Empirical Study In Legal Reasoning

If the judicial reversal is a common phenomenon prevailing in the process of legal reasoning,then,the same case is different from the judicial practice in the urgent need to deal with the difficult problem,both with experience and logic(or process and results exist in the legal reasoning of the “contradiction law” among).The phenomenon of adjudication is an objective way to show that the legal reasoning is a road full of bifurcation,and the judge usually makes a subjective choice based on the inner conscience.The judicial reversal is that the judge is usually formed by virtue of past judicial experience.The existing legal reasoning model in our country is dominated by the syllogism,with the deductive as the logical starting point and the only one that contains the guarantee of the relationship.As a matter of fact,the process of its determination is essentially probable reasoning,and there are doubts and conflicts in the application of the legal rules as the premise.The two can not satisfy the deductive logic to the real and the only objective requirements.The essence of reasoning is the product of the interaction between logic and experience: logic runs through the whole process of legal reasoning,and the experience constructs the premise of reasoning in the form of law and fills in the gap of logic in the form of reasoning.On the one hand,formal logic guarantees the fairness and coherence of legal reasoning.On the other hand,it is difficult to reconcile the closeness and inevitability of formal logic and the abolishment and legality of legal reasoning.The reconciliation of formal logic and legal reasoning is only possible if it is extended beyond the interpretation.Legal reasoning is the two-way interaction between the facts and the case,the logical unity and the one-way in the three-part theory,the legal reasoning still stays in the simple application of the formal logic,and can not respond to the phenomenon of reasoning practice.The reasoning of the legal guidance in the practice of the various choices,the formation of the existing model forcing,judicial reform in the case of the establishment of the guidance system,in essence,is the analogy and induction of the integrated use of the judge needs to change from the form of reason to the real,The process of argumentation,rather than merely satisfying the form of the only determination.