论文部分内容阅读
在法律的制定实施以及司法判决中法律推理和法律论证起着重要的作用,但学者们往往将两者混淆,视为同一概念,而且对这两个概念的运用也极其混乱,这极大地影响了法律论证和法律推理在理论上的深入研究和在实践中的发展。法律推理与法律论证实属两个不同的概念,两者既有联系又有区别。明确法律推理与法律论证的联系与区别,不仅有利于我国法哲学话语的统一和法律逻辑的进一步发展,而且也能促进我国法制建设和依法治国的进一步发展。
Legal reasoning and legal argument play an important role in the formulation and implementation of laws and judicial decisions. However, scholars often confuse the two as the same concept and their use of these two concepts is extremely chaotic, which greatly affects In the legal argument and legal reasoning in-depth study in theory and in practice. Legal reasoning and legal argumentation belong to two different concepts, the two are related and different. It is not only conducive to the unification of legal discourse and the further development of legal logic but also to the further development of the legal system construction and the rule of law in our country.