The Mode Of Argumentation In Judicial Decisions

The law is divided to stop the dispute,judgment writing is an important content in it.Justice should not only be reflected in the conclusion,but also in logical reasoning and argumentation.A judgment without sufficient argument is not only insufficiently persuasive to the parties,but also undermines the certainty and authority of the judiciary.Based on this,this thesis studies the argumentation methods in judicial decisions from four aspects,namely,legal argumentation and its significance to judicial decisions,argumentation methods and applications in judicial decisions,problems existing in judicial decisions and the improvement path of judicial judgment argumentation.Firstly,through the elaboration of the concept of legal argument,the origin and characteristics of legal argument are introduced,and then the relationship between legal argument and other legal methods is compared.All three are the methods for legal workers to recognize,judge and deal with legal problems.There are many similarities between legal argument and other two methods,but there are also differences.Then it discusses the significance of legal argumentation in judicial decisions.Sufficient legal argumentation can not only guarantee the legitimacy of judicial decisions and regulate the discretion of judges,but also is a necessary supplement to legal interpretation.Secondly,this thesis discusses the three kinds of argumentation methods and their application in the judgment.Thirdly,the application of argumentation methods in practice leads to the existing problems.On the one hand,different argumentation methods have different advantages and disadvantages,and it is inevitable that there will be a variety of problems in practice;On the other hand,the argument conclusion is not strong,the existence of the uncertainty of the argument conclusion and the argument conclusion is inappropriate are all important reasons leading to the parties’ low acceptance of the judgment conclusion.Finally,based on the above problems,the corresponding improvement path is proposed.In view of the shortcomings of the three demonstration methods,corresponding suggestions are put forward to improve the logical validity of the demonstration and standardize the rationality of the demonstration procedure.In order to solve the problem of weak persuasion of argumentative conclusions,we should pay attention to the acceptability of argumentative conclusions,improve the predictability of argumentative conclusions and strengthen the legitimacy of argumentative conclusions.This thesis discusses the application and existing problems of argumentation method in judicial decision practice,and puts forward its own solution.Logical argument,rhetorical argument and dialogue argument have different characteristics and play different roles in judicial practice.It can be seen that legal argument is the soul of judgment,legal argument is a legal method to analyze and solve legal problems,analyze the application of different argumentation methods in judicial practice,pay attention to the existing problems,is an important means to gradually improve the argumentation ability and level of judicial decisions,but also a key step to achieve legal legitimacy.