涵摄推理与演绎推理以及三段论是有区别的,涵摄仅为裁判的一个过程,即使在涵摄模式之下,权衡的运用也无处不在。权衡方法在理论中受质疑,但在实践中却一直在运用,法官甚至从拿到案件作出的第一个判断就已经存在权衡了。文章认为权衡具有一套完整的规则,有着严密的逻辑推理,一再拒绝权衡有可能使案件裁判不能得到理性的判决。权衡方法可以建立三合标尺的规则,采用这种规则可以得到令人信服的判决。 Cinematography reasoning and deductive reasoning and syllogism are different, Censoring is only a process of referee, even under the Censorship mode, the trade-offs are ubiquitous. The trade-off method is challenged in theory, but it has been practiced in practice, and the judge weighs even the first judgment made by the case. The article holds that trade-offs have a complete set of rules and strict logical reasoning. Repeated rejection of trade-offs may make the case adjudicators unable to obtain rational judgments. The trade-off method can establish the rule of three-and-a-tie rule, and a compelling decision can be made using this rule.