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Research On Legal Argumentation In Judges' Judgment In China

Posted on:2020-10-04Degree:MasterType:Thesis
Country:ChinaCandidate:H T WangFull Text:PDF
GTID:2416330599462265Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The judicial ruling process is essentially a process of using laws to resolve various contradictions and disputes.In this process,judges must not only correctly identify facts and applicable laws to make judgments,but more importantly,show the entire judgment to all parties and readers.This process is very convincing,and this process is legal argumentation.International legal arguments appeared in the 1960 s and 1970 s and were widely used in many disciplines.China's research on legal argumentation started late and is still in the stage of development and improvement.It has not received enough attention in judicial practice.The legal arguments have been reflected in me.However,with the development of society,the legal arguments presented in the form of referee documents have attracted more and more attention.A complete legal argument is the exercise of state power,which is an inevitable requirement of reason and legitimacy.It can make up for the lack of legal interpretation and legal reasoning,prevent judicial autocracy;promote consensus and improve the acceptability of referees;let people see the process of referee results,and promote the realization of procedural justice is the need of the rule of law.It can be seen from this that it is of great significance to improve the legal argument by improving the ruling instrument made by the court.However,in the judicial practice of civil trials in China,the process of legal argumentation has not reached the level it should have.Many judges only pay attention to the results of the referee and ignore the legal arguments;the logic of legal argumentation is not so clear that the judgment is inconsistent;the legal argument is not sufficient and the judgment is unacceptable.On the basis of summarizing the relevant theories of legal argumentation,this paper has carried out in-depth analysis and argumentation from the main problems and problems in the judicial practice of civil trials,from the aspects of social structure and judicial environment,legal system and social environment.The judge analyzed the causes of the problem from three aspects,and discussed the problem from four aspects,and proposed the solution.Improve the relevant systems that are conducive to legal argumentation,improve the professional quality of judges,deepen the specialization of cases,and choose appropriate methods of argumentation.This has certain significance for solving the problem of legal argumentation in the judicial practice of civil trials.
Keywords/Search Tags:legal argumentation, legal reasoning, judicial practice, acceptability
PDF Full Text Request
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