彭宇案之公民逻辑

The Civil Logic of Peng Yu Case

法官确认民事诉讼"真相"时需要遵循基本的逻辑和价值规则。逻辑有很多种,追求必然,也认可或然,至少要求没有明显的矛盾和虚假。逻辑的真实、清楚、全面尽管很难,但排除明显的虚假、模糊、矛盾和片面应该比较容易。有专业律师的参与,才可避免法官"独白式"的论证。逻辑在整个诉讼过程中,在程序正义和实质正义的实现中,而不仅仅为了判决书的说理。可以用知识和方法发现法律的逻辑,"集推理、公正和怜悯与一身"。

The judge needs to follow the basic logic and rules of value in the recognition of civil＂tmth＂. There are many types of logic, which include both necessity and probability. However, logic requires at least there should be no apparent contradictions and falsity. Though real, clear, and comprehensive logic is difficult to achieve, it should be relatively easy to rule out obvious falsity, fuzziness, contradictions and one-sidedness. Judges＇ ＂soliloquy-style＂ argumentation can be avoided only when professional lawyers participate actively. Logic is applied in the whole process of litigation, and in the process of realizing procedural justice and ontic justice, rather that only in the reasoning for the verdict. Legal logic can be found with knowledge and methods so as to＂integrate inference, justice and compassion＂.