Analysis Of The Grounds Of Decision Of "Yu Peng Case"

It is very typical that "Yu Peng case" in the domestic influential and controversial cases.Although "Yu Peng case" happened eleven years ago,the public,experts and scholars are still on the continuous assessment,especially the death of old lady Xu who is the plaintiff of the "Yu Peng case" and the tragedy of "Child Yueyue case" and "Yunhe Xu case" in 2011.Instead,people are difficultly convinced by dispute reason of "Yu Peng case" from the grounds of decision.The acceptability of verdict reasons to support the theory of legal argumentation.However,only five percent of the literature in the academic circles mentioned legal argumentation in the "Yu Peng case",and only 5/1000(six articles)were analyzed in detail.Robert Alexy's theory of legal argumentation is a frontier theory in the field of legal argumentation.It provides a complete demonstration paradigm and argumentation negotiation procedure.It is the theory that introduces the concept of negotiation into argumentation,and provides detailed forms and rules in the process of legal argumentation.The main idea of this article is as follows:the argument of the judgment of "Yu Peng case" has not been proved to be controversial,which indicates the importance of legal argumentation thinking to the reason of judgment,Robert Alexy's legal argumentation theory is the frontier theory of legal argumentation theory.Therefore,this paper through three dimensions which are describes-experience,logic-analysis and norm-practice,using legal rational argument and universal practice argumentation to discuss the reasons for the judgment of "Yu Peng case"by discussing the rules and forms,a detailed analysis of the facts of the case,the adoption of the evidence and the reasoning of the judgment,the logical form of argumentation in the reason of judgment is abstracted,the inference of the reasons for the judgment is carefully combed and evaluated in detail,looking for not rigorous,incorrect discourse and the judicial thinking behind it.In this analysis,this paper summarizes the general method of trial moral disputes and difficult cases,And Robert Alexy's theory of legal argumentation can solve the problem of objectivity and rationality of value.The structure is as follows,the introduction of this article briefly describes the correlation between the "Yu Peng case" and Robert Alexy,and the theoretical value and practical significance of Robert Alexy's legal argumentation theory in the field of judicial adjudication in china.The first part of this paper mainly determines the basic facts and controversial focus of "Yu Peng case" through the judgment,and expounds the influence of "Yu Peng case" on the involved persons and the outsiders,and points out the harm of judgment reason is unreasonable.So,the legal argumentation is indispensable.In the second part of this paper,the necessity of reasonable application of legal argumentation in the judgment of "Yu Peng case" is clarified,and the unreasonable form of argumentation in the reason of judgment is pointed out.In the third part of this paper,Robert Alexy's theory of legal argumentation has sorted out the forms and rules of argumentation that deserve to be used in the trial.The fourth part of this paper,by using the above argument form and rule analysis of the reasons for judgment "Yu Peng case" and the problems encountered in the general summary.The conclusion of this paper,the author makes a concise summary of the article's innovation,writing purpose,viewpoint and limitation,and points out the possible directions and methods for further research.