The Method Of Legal Argumentation In The Administrative Proceedings

The method of legal argumentation in the administrative proceedings plays an important role in the judicial issues, not only the influence of deepening the theories of legal argumentation, but also to provide practical methods and techniques for the judge. In this paper, based on the theory of legal argumentation and the background of the judges in the administrative proceedings, we applies the method of legal argumentation in-depth by analyzing the theories of legal argumentation and generalizing of the practice of administrative proceedings. Because of the the limitations of the law, the re-understanding of the role of the judge, the development of the legal methods, the specification of the judge, philosophical reflection on the legal positivism, the development of human rights and other reasons, these produced a method of legal argumentation. The method itself has advantages on enhancing persuasive judgments, improving the acceptability of decisions, regulating the discretion of the judge as well as the highly abstract and over-theoretical shortages. By deducing the course of the judge, ranging from the facts, rules to the judgment, the legal argumentation method has been summed up and concluded in the legal theory of method should apply to the method for the judge and be understood as the process of finding the proof of the legitimacy of decisions. The method of the legal argumentation influences the entire proceedings, with attention to the area of justice, arguments, logical, pay attention to the form of program to achieve the communication. Focused on studying the public and private law, legal argumentation methodological differences:the main body involved in argumentation, demonstration procedures, the applicable rules for different participants, the content of argument and argumentation sources of law as well as the remedies of the loopholes. The method of legal argumentation maybe promotes the administrative proceedings by easing the administrative counterpart antagonism, guarding against undue executive interference in the administration of justice, conducting the equal protection for the parties, and developing the function of the administrative proceedings. The characteristics of the legal argumentation method in the administrative proceedings involve:the main target of argument is a specific administrative act, the main purpose is to confirm the legality of administrative acts, the use of multiple sources of law, conform to the forms of the statutory requirements, etc. The methods of internal justification and externe justification are then studied. The method of internal justification is essentially a logical approach and the basic method, namely to ensure the certainty of the judgements. The method of externe justification ensures the premise from the legal reasoning for the legitimacy and rationality. Finally, the paper combines the practice of administrative proceedings, from the sound reasoning system, the establishment of precedent system, improve the quality of judges and other channels to start, put forward in perfecting application of the legal argumentation method in our administrative proceedings.