Managing Of Legal Reasoning In Judicial Practice

The penman questions the judges in one basic level court, and finds some problems. Lacking knowledge of legal reasoning. Some manage complex legal reasoning in the simple case, it makes thinking mixed up and lose the correct way; Some manage simple legal reasoning in the doubtful case, ignoring the code and the social worth, it makes the judgment warp. The penman thinks that the process of applying the law is the process of managing legal reasoning. The important tache of advancing the justice ability is advancing the legal reasoning ability. That judge manage legal reasoning decided by the judicial quality, it also the requirements of the law society, the law for people, and the judicial equity .In the basic level court, many cases needn't complex legal reasoning, but the judge don't dare to manage legal reasoning in the doubtful case boldly .The penman defines the legal reasoning from the angle of judicial practice, and expatiates the legal reasoning with research ways as typical cases, legal positivism, first-hand information, and the science as legal philosophy, legal lawsuit. Lacking dissertation about legal reasoning in lawsuit phase, the penman thinks the lawsuit phase as register, hearing and verdict need legal reasoning. The penman also thinks the legal reasoning phase emphasize the tache as cognizance, explaining, value verdict, balancing doctrine, and experience.