On The Sufficiency of Legal Arguments
Abstract
Adequacy of judicial proof is a legal theory and judicial practice and are closely related issues, a variety of dispute on the legal argument and rules of governance and dispute resolution functions of the two kinds of justice collide with each other closely related. What kind of legal argument is the most appropriate in the context of limited legal resources, how to use limited resources to achieve the purpose of judicial practice, is the national legal system of an eternal topic. This article attempts to our judicial scene, for example, from the practice of rational thinking and reality are two levels to show the judge in a ruling by the use of local knowledge resources to assist with the practical nature of rationality, indicating that the pursuit of justice should and must demonstrate their full of. The sufficiency of legal argument is an issue that closely related to both legal theories and judicial practice; and the various discussions of legal arguments to the conflictions of 'rule of law' and 'dispute settlement'. What's the perfect mode of legal reasoning? How to achieve the practical legal objective with limited judicial resource? It is an eternal theme for legal system construction. The author tries to discuss from the perspective of rational thinking and judicial reality, the rationality of the local supplementary resources that applied in the judgments under Chinese judicial practice; and further demonstrates the necessity of legal argument sufficiency