法律推理是司法实践中一种重要的逻辑方法,使法律在有序的状况下适用。法律推理中遇到的最大障碍是法律概念的不确定性,必然会导致法律适用的随意性。解决这一问题的方法就是最大限度地确定法律概念的内涵和外延,使法律处于明确和有序的状态。具体措施是使形式法律推理和实质法律推理相互依赖、相互作用,共建司法公平、正义。 Legal reasoning is an important logical method in judicial practice, which makes the law applicable in an orderly situation. The biggest obstacle encountered in legal reasoning is the uncertainty of legal concepts, which inevitably leads to the arbitrariness of the law. The solution to this problem is to maximize the connotation and denotation of legal concepts so that the law is clearly and orderly. Specific measures are to make the formal legal reasoning and substantive legal reasoning interdependent and interact with each other to build a fair and just judicial system.