A Study On The Reasoning Of Judgment In A And B Judgments

More and more attention has been paid to the research on the reasoning of the judgment documents in China,but the methods of reasoning in traditional Chinese judgment have not yet attracted enough attention from scholars.Throughout the history of ancient Chinese law,the Tang and Song Dynasties were in the period of significant development of ancient Chinese judgments.Bai Juyi’s A and B Judgments,a combination of parallel and prose Characteristics,is an excellent product of the times.There are a total of one hundred and one articles,including the ruin of the square which was written in the official selection test.Although his judgment is a proposed judgment,it is closely related to the social reality.Circulated in the Tang Dynasty,it was regarded as a copy of the transcript,which had an important influence on the judicial practice at that time.Bai Juyi’s A and B Judgments reflects the reasoning incisively and vividly,and unifies emotion,moral and law in the judgment,in which the reasoning method used is worth learning.Based on the generalized argumentation method,this paper uses the legal logic method to analyze Bai Juyi’s A and B Judgments in detail,and discusses the significance of A and B Judgments for reference of the judgment and argument at present.The study of Bai Juyi’s A and B Judgments is of great theoretical and practical guiding significance not only in revealing the legal thoughts of the Tang Dynasty,but also in guiding the writing of contemporary judgment documents.In addition to the introduction,this paper is divided into three parts.The first part: Bai Juyi and A and B Judgments.This part introduces Bai Juyi’s personal and family background,which leads to the reason for his creation of A and B Judgments,that is,the birth of A and B Judgments is not only the result of Bai Juyi’s literary and artistic achievements,but also an excellent product under the Tang Dynasty’s imperial examination system.The second section explains the historical status and influence of the reasoning method in A and B Judgments.The second part: the method of A and B Judgment.This part is not only the core content of the thesis,but also the foothold and destination of the thesis.As France Gastein said in General Law of French Civil Law: "The fundamental purpose of judicial logic is to persuade." Judgment documents have the function of arbitrarily stabilizing,demonstrating fairness and justice,and the purpose of persuading the litigant to accept the judgment.As an important means of persuasion,reasoning is particularly important when it reflects the juridical action in judgment statically.The first section analyzes where the judgment documents need to be reasoned,then introduces the characteristics of the structure of A and B Judgments from the standard format of contemporary judgment documents,reveals the emphasis of the reasoning in A and B Judgments.Then,based on Perelman’s audience theory,the relationship between the audience theory and the persuasion is analyzed,in which the first type of self-audience corresponding to the trial judge himself,the second type of single audience corresponding to the party and other persons involved in the lawsuit,the third type of general audiences corresponding to the public,thus to explore the concerns of the A and B Judgments to the audience.The second section analyzes how to use the methods of "emotion" and "reason" in A and B Judgments considered the justice and judgment in traditional Chinese judicial culture,indicating that the judgment of the judgment should focus on acceptability.The fourth,fifth and sixth sections explore the methods of reasoning in A and B Judgments from the perspective of ancient Chinese logic and legal logic.The judgments widely use the methods of justifying names,rhetoric,analogy,and citation.which have important enlightenment for the judgment today.The third part: The enlightenment of the method of A and B Judgments on the reasoning of contemporary judgment documents.As noted and analyzed above,,ancient Chinese tradition of attached importance to reasoning and the method of reasoning in the A and B Judgments.It provides us with the enlightenment,that is,firstly,we must pay attention to reasoning,and enhance the sense of reasoning;secondly,we should integrate sentiments with the law in the judgment documents to enhance the acceptability of the referee;thirdly,we should learn from the logic reasoning theories and methods to enhance the referee’s persuasiveness;fourthly,the reasoning should be adjusted and targeted according to different cases.