Analysis On The Application Of Toulmin Legal Argumentation Model In Judicial Trial

The acceptability of judicial adjudication is very important to the improvement of social credibility and the authority of judicial adjudication.However,how to achieve the rational path of judicial adjudication is the key,judge according to the existing legal system of the case to judge is a process of argumentation,the validity of the argument in the theory of legal argumentation and the acceptability of the referee is closely related,The rationality and effective argumentation of argumentation and the standard of argumentation,the question of judge's discretion in the process needs to be clarified,Toulmin's legal argumentation model has its unique significance to criticize the formal logic analysis and argumentation,and the argumentation structure composed of six elements is advantageous to analyze the function of each element in the legal argumentation.The application of the Toulmin model in Judicature can be discussed with the acceptability of the referee and the judicial documents.The mastery of Toulmin's legal argumentation model can not only provide a different form of referee argumentation with three-paragraph theory,but also develop in distinguishing and demonstrating quality,which is beneficial to the completeness of the referee's reason and the perfection of the judgment document.The full text takes the content and superiority of Toulmin's legal argumentation model as the beginning,then takes the case as the cut-in point,thus excavates its implication value,and then toulmin the standard of the legal argumentation model in application and the problem of attention,finally carries on the summary.