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Applied Research In Legal Argumentation

Posted on:2021-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:M H SunFull Text:PDF
GTID:2415330620467570Subject:Logic
Abstract/Summary:PDF Full Text Request
Since the 18 th National Congress of the Communist Party of China,judicial justice has become a hot topic for the public,and it is also an inevitable requirement for judicial reform and building a socialist country ruled by law.The legal argument combines judicial practicality and logical theory,which not only improves the efficiency of judicial work,but also provides a theoretical basis for judicial staff.To make logical judgments on disputes or disputes in legal debate from the perspective of logic,and to put forward corresponding logical rules in conjunction with the logical fallacies,can effectively promote the reform of the judicial system and has important theoretical and practical significance for maintaining judicial justice and legal logic.First,it discusses the basic overview of legal debate from a theoretical perspective.The legal argument that is clear and effective in the characteristics of methodology must meet the requirements of logical laws and compliance with the provisions of the current law.In the field of research,the study of legal logic mainly starts from reality and applies logical thinking to judicial practice.In the field of development,logical thinking runs through the entire legal debate,reflecting the value orientation in the judicial process.Secondly,logic as an applied discipline has extremely important social values in judicial practice.The method of combining logical rules with judicial cases is used to analyze the reasons for the cases of unjust,false and wrong in the text.The laws of logic used in legal debates are the most basic requirements in the form of thinking and must also be observed;the basic method of logic in legal debates is an effective way to avoid logical errors and provides an effective guarantee for the truth of the conclusion The thesisand argument constitute the argument structure in the legal argument,and the argument rule is not only a logical way to verify whether a proposition has formal validity,but also an important way to avoid logical errors in the judicial process.Through in-depth analysis of the logical loopholes in the cases in the article,it is helpful for logical application to propose reasonable and effective logical methods in the process of legal debate.Finally,from the perspective of the application of formal logic,the application of logic in my country's legal debate is reviewed.This affirms the promotion of a progressive legal system in my country,and points out the necessity of mastering logical thinking based on the rationality and legitimacy of logical thinking.Although the research on legal logic started late in my country,there are still some deficiencies in the research field.However,in recent years,the party congress has continuously put forward the strategy of "all-round rule of law".Therefore,the logical thinking system plays a key role in judicial work,especially in the legal debate.The legal argument fully protects the legitimate rights and interests of the parties and also prevents judicial arbitrariness to a certain extent.While achieving judicial justice,it also has a positive impact on the establishment of a society ruled by law.
Keywords/Search Tags:Legal argumentation, logical thinking, application logical
PDF Full Text Request
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