The Format Criterion Of Master Degree Thesis Of SWUPL

In recent years, Legal reasoning is the hot issues in legal logic research. The study of legal reasoning never stopped, in the process of applicable law plays a pivotal role. Legal reasoning theory in foreign law's world has been for several centuries, while in China's only decades time. Comparison research found that two legal reasoning theory for the Chinese law, can find a suitable for China's judicial suitable legal reasoning theory. Two legal systems in the development process of mutual reference for other advantages, to development of itself, make the greatest efforts. Countries of Anglo-American law system began to formulate laws, rules, text and apply the deductive reasoning of the civil law systems, and at the same time, continental law system country starts to take on the importance of the case, and collection the case also assembly of analogy legal reasoning. In combining deductive reasoning and the analogy of legal reasoning, countries of Anglo-American law system, give full play to the role than legal reasoning deduction.In the latest legal reasoning theory, common law and civil law countries have developed a new theory, whether in common law or continental law system country there are a common trend in legal logic: experts put more effort on the essence of the research on the theory of legal reasoning. The development of the theory of legal reasoning essence provides the scientific and reliable solutions for judicial referee problems. Two legal systems balance between principles and rules use the theory"harmony"and"law's interest balance"measure. In the choice of rules,"second proof"theory in Anglo-American law refers to the country in the process of application enacted law, judge-made law is still play a decisive role. Simple case applicable clear rules and proved by cases, will promote the efficiency of the case process. The legal hermeneutics will explain in the continental law system country, is the most commonly used to solve the fuzziness of the law, but this method's uncertainty and authoritative often questioned. In determining the consequences of Anglo-American law"outcomes"said the judge make the final decision must to consider all aspects of the influences of the most suitable for judgment. Continental law system, applies value judgment then make the final decision. In the field of legal reasoning: defeasible reasoning, Toulmin's model of the argument, Perelman's argument provides us a justice which one can see, but no matter how this theoretical model, its essence can not solve the contradictions of legal reasoning forms.This paper reviews the research achievements of China's reasoning theory, and briefly introduces the theory of legal reasoning in China's current status. This showing how to learn in the common legal reasoning method. From the perspective of legal reasoning to see how to apply the theory in the process of judicial decisions, in addition, combining the current judicial situation that the people's jury system of growing importance in judicial assessors and it's important role also cannot ignore, and particular emphasis on the training of legal reasoning jurors importance to play an important role of the jury.