法律判断是法律人在解决纠纷过程中,对客观事实上升为法律事实再与法律规范对比后运用法律发现、法律推理、法律论证作出具有法律约束力的结论性判断。根据法律应用是取决于法律发现还是法律适用,我们可总结出两种判断形成模式,即通过司法三段论进行法律推理的推论模式和通过类比在事实与规范之间进行等置的等置模式。但二者在处理一些案件时均会有些弊端,如事实与规范不适应时,应进行漏洞补充和法律解释来形成最终的法律判断。 The legal judgment is that the legal person, in the process of settling the dispute, ascends the objective fact to the legal fact and compares it with the law and then makes a legally binding and conclusive judgment using the law discovery, legal reasoning and legal argumentation. Depending on whether the law is applied depends on the discovery of law or the application of law, we can conclude two modes of judgment formation, that is, the inferential model of legal reasoning through the judiciary syllogism and the equivalent model of equality between facts and norms through analogy. However, both of them will have some disadvantages in handling some cases. If the facts and norms are not suitable, they should be supplemented by loopholes and interpreted by law to form the final legal judgment.