法官的逻辑与经验——兼论法律推理

A Judge's Logic and Experience

法官审理案件时,在适用法律的方式上有逻辑演绎和经验判断之分,这与他们在具体案件审理时所进行的不同的法律推理有关。法律推理有形式法律推理和实质法律推理两种。我国是成文法制国家,在法律推理的适用定位上以形式法律推理为主,以实质法律推理为补充。

There are deductive logic and experience judge on the pattern of suitable law when a judge is trying a case. It is in relation to different law reasonings used when they are trying concrete cases. There are two ways of law reasoning formal law reasoning and substantive law reasoning. On the suitable location of law reasoning, China takes the formal law reasoning as the dominant factor and takes the substantive law reasoning as the supplemental factor.