判决理由的正当性证明与法律推理

Provement of the Appropriateness of Judgement Ground and Legal Reasoning

在司法实践中,判决的正当性来源于判决理由的正当性,判决理由的正当性则与法律推理密切相关。实践证明运用法律推理进行说理,将法官判决的整个过程充分呈现,可以获得判决理由的正当性证明。借助于法律推理方法实现判决理由的正当性证明是可行的,也是必要的。判决理由的正当性证明就是法律推理形式上与实质上的合法性与合理性证明,是法律推理前提和结论形成过程的推导证明。通过法律推理对判决理由进行正当性证明,可以增强判决文书的说服力,有助于判决目的的最终实现。

In judicial practice, the appropriateness of judgment derives from that of judgment ground, and it is closely related to legal reasoning. It is proved by practice that the use of legal reasoning for reasoning can show the course of judge making a decision entirely to prove judgment appropriateness. It is feasible and necessary to realize the appropriateness of judgment ground by means of legal reasoning, To prove the appropriateness of judgment ground is to the proof of the legality and rationality of the form and the substance of legal reasoning , and the deducing of the process of premise and conclusions of legal reasoning. In this way, it can strengthen the persuasive power of judgment document and the judgment purpose will be realized in the end.