Legal Arguments In Criminal Proceedings

As a legal method that appeared in the 1970 s,legal argumentation plays an important role in judicial practice and is also an important legal method in the practice of criminal procedure.As criminal litigation activities are directly related to the prosecution of criminal acts and the protection of citizens' life and property rights,the legal argumentation in criminal litigation has more important theoretical value and practical significance.Traced back to the author,the legal analysis of the origin,concept,carried on the thorough investigation,the practical reason,relative rationality of legal argumentation,generalizes the acceptability and other characteristics,this paper expounds the legal argumentation and legal reasoning,legal interpretation,and the relationship between rhetoric and other law method,focuses on the legal argumentation logic,rhetoric and pragmatics theory approach used in criminal procedure and its limitations.On the basis of investigation of legal argumentation theory,the author in the judicial practice of criminal procedure to examine legal arguments,summarizes the legal argument to prevent the judicial arbitrariness,improve the judicial ruling acceptability,promote substantive justice and procedural justice in combination with the practical significance of the respect such as,probes into the legal argumentation in custody necessity censorship,pleaded guilty to forfeit their from the system and the sentencing system,as well as the reality of the problem,It also puts forward some measures to improve the popularization of legal argumentation,the cultivation of the habit of legal argumentation,the execution of the rules of legal argumentation,and the implementation of the standards of legal argumentation in the ways of criminal adjudication team,criminal judicial trial,criminal adjudication documents and criminal judicial reform.