What is legal reasoning?

There are formal reasoning methods and logical reasoning methods.

1. Formal reasoning: deduction, induction and analogy.

★ Deduction: general → special, and the conclusion lies in the premise. As long as the premise is true, the reasoning form is correct and the conclusion is true, it is manifested as "syllogism" reasoning.

★ Inductive reasoning: individual-→ general, which is adopted in the Case Law.

★ Draw inferences from others: According to some of the same properties of two objects, it is inferred that they also have similarities on the other hand.

● Features: 1) Deductive reasoning and indirect reasoning; 2) From special to special, from individual to individual; 3) Derive new meanings from legal spirit; 4) Insufficient basis.

2. Dialectical reasoning (substantial reasoning): When the premise of reasoning is contradictory legal propositions, we can choose from them through dialectical thinking.

Choose the best solution to legal problems.

● Characteristics of dialectical reasoning: 1) The process of selecting judges when faced with contradictory legal propositions; 2) In order to solve difficult problems caused by complicated legal provisions; 3) The judge's dialectical reasoning process of the objective facts of the law and the case must be based on dialectics; 4) The complicated reasoning process of judges' research on contradictory movements.