论法律推理大前提的确定

On establishment of the major premise of reasoning

法律推理的大前提主要有成文法和判例。以成文法为法律推理大前提时,必须明确其逻辑结构;以判例为大前提时,往往是运用类比推理和归纳推理的方法;在出现大前提空缺、含糊或冲突时,就要用辩论推理。

The major premise in legal reasoning mainly consists in statute law and judicial precedents. When the statute law serves as the major premise in the legal reasoning process, it is essential that its logical structure be established; while the major premise is based on judicial precedents, analogy and induction are often applied. In the case that the major premise is void, vague or contradictory, debates have to be employed.