法律推理使纠纷的解决摆脱了主观任意和偶然随意的弊端,强调裁判的理由说明和正当性证明,使法律成为捍卫和平与公正的最佳选择。“在司法活动中,法律推理增强了判决的一致性和正当性,可以为法律问题提供健全的、经过充分论证的答案,因而成为法治区别与人治的根本标志之一。”①法律推理作为人类理性活动的一种形式,它必须遵守理性思维的一般形式规律。但是,法律推理又具有鲜明的实践品格,必须切实地关注现 Legal reasoning makes the settlement of disputes get rid of subjective arbitrariness and accidental abuses, and emphasizes referee justification and justification, making law the best choice to defend peace and justice. “In judicial activities, legal reasoning enhances the consistency and legitimacy of judgments, which can provide sound and fully justified answers to legal issues and thus becomes one of the fundamental signs of the distinction between the rule of law and rule of man.” ① Legal reasoning as a human As a form of rational activity, it must obey the general form and law of rational thinking. However, legal reasoning has a distinct practical character and must be paid close attention to now