A Study Of Substantive Reasoning In Judicial Application

As a tool of seeking propositions and conclusions from probability.As a kind of tool,used in the judicial practice is not widespread,the main factors attributed to the judicial reform under the background of the responsibility system,then compared to the form of reasoning,is higher than the use of substantial reasoning difficulty.In this paper,we focus on the substantive reasoning under the judicial reform environment,and examine how the substantive reasoning in the judicial practice from theory to practice.In the process of applying substantive reasoning,the necessary step is to find the size of the premise,but looking for the size of the premise often need to judge through the comparison and choice of value to determine the size of the case is the premise of value judgment.The substantial reasoning generalized also includes an argument for proposition itself,this article mainly from the truth of Habermas' s theory of universal consensus to the audience the concept of Perelman's theory of legal argumentation to Alexy,to discuss how to put forward the empirical Munchhausen three dilemmas useful to.Then through the empirical analysis of substantial reasoning in the relevant departments in the law field and the typical case is how to play a role in the process of reasoning,substantive legal regulations in various forms,including rules,principles,policies,habits,social beliefs,are universal.They are designed to form a ruling by human behavior mode or scale,instead of processing an individual single form transient and specific instructions.When they conflict,and how to deal with different types of cases.Formal reasoning and substantive reasoning is not in the process of judicial practice is very isolated,either this or that,or is mixed in a specific case,two more is a kind of hierarchy.Therefore,this paper aims to study the essence of reasoning in judicial practice.The methodology level in connection with other legal collocation method makes substantial reasoning in judicialpractice is more abundant in theory,but also mastery of essential reasoning thinking mode in judicial practice and legal education,the essence of reasoning from theory to practice and other legal methods complement each other.The innovation of this paper lies in: first,this article is from theory to practice and then to theory,follow the laws of nature awareness development,this is the correct understanding of the practical reasoning main context which is the only way which must be passed,the;second,in this paper the reference,comparative analysis of different theories between the same and difference in theory in the article,a place cited and used,to prove the meaning.Thirdly,it emphasizes the importance of the network of belief in the solution of the substantive reasoning,and does not confine the field of vision to the substantial reasoning itself.