Argument Scheme Of Similar Case Judgment

With the requirement of the case guidance system and of the case retrieval mechanism,it becomes a duty for the judgment to search similar cases while dealing with hard cases.Then the problem comes to justifying the conclusion reached through the process of similar case judgment.This paper puts the material standard of the justification of the conclusion reached through the process of similar case judgment in the procedure of rational discourse,and make it fit into the liminal reason requirement of formal logic to construct argument scheme based on informal logic,through the lens of procedure and discourse in informal logic.In terms of material,as the beginning of the scheme of overall argumentation of similar case judgment establishes the standard that two cases would be judged to form similar cases: prima facie is that current case and precedent case are mapped in case facts that determine the statutory rules of precedent case;those cases facts are decisive in the application of statutory rules of current cases.Two standards are also goals of the sub-argumentation,the purpose of the prima facie argumentation is to justify the facts of the current case based on perceptual experience.The facts of the current case have similar characteristics as those of the precedent cases,so they can be attribute to the type of facts stated by judicatory rules.The purpose of the decisive argumentation is to justify the application of judicial rules of the current case as same as those of the precedent case,meeting the judicatory ground of the precedent case.In terms of procedure,argument scheme constructed in this paper is based on the procedures of rational discourses and transition rules which are specified the criteria of the transition from the prima facile argumentation to the decisive argumentation are established.