司法三段论的逻辑结构与价值分析
发布时间：2018-10-18 09:43
【摘要】：对于司法三段论的理解，学术界存在着很多不同的观点和认识，主要体现在司法三段论作用性质的界定上。一些学者认为司法三段论更多的应用于司法审判的过程中，是一种法律的技术手段；而有一些学者却认为司法三段论更多的是对司法审判结果的分析，是对判决公正性与合理性的一种分析，是对判决结果可接受性的证明。这种争论到现在为止也没有得到一个确定的结论，针对这种现状，本文从司法三段论的逻辑前提入手，简要分析司法三段论的表现形式和审判模式，然后对司法三段论的逻辑结构进行了分析，给出了笔者对当今对司法三段论讨论的认识，最后就司法三段论的价值和发展方向做了简要阐述。详言之： 本文把绪论作为第一个部分，主要论述了本文研究的背景及意义，简单介绍了当今学术界对司法三段论问题的研究现状，以及本文的主要内容和研究方法。 第一章，司法三段论概述。首先简单介绍了传统三段论，这是司法三段论得以存在和发展的理论基础，然后阐述了从传统三段论到司法三段论的发展过程，确定其在整个逻辑学和法律学界的地位和价值，再从司法三段论的逻辑前提出发对其表现形式和审判模式进行了简要说明。这个部分主要是让读者对司法三段论有一个简单而清晰的了解，为第二章司法三段论的逻辑结构分析做一个铺垫陈述。 第二章，司法三段论的逻辑结构分析。在这一个章节中首先从形式逻辑和非形式逻辑两方面对司法三段论的尝试进行了分析和阐述，从而得出部分学者对司法三段论的理解和看法：法律技术手段。然后从法官形成判决的过程进行分析，得出在当今存在的司法审判过程中，司法三段论的思想存在于法官的思维中，但它不是作为一种发现的方法而是对判决结果的分析。最后是笔者对这一问题和司法三段论局限性的理解。 第三章，司法三段论的价值和发展趋势。在前一章纠正了对司法三段论局限性的理解，这一章主要是对其价值的阐述，重新确立其在法律学界和逻辑学界的地位和价值，，最后对司法三段论的发展趋势努力方向做一个展望。
[Abstract]:For the understanding of judicial syllogism, there are many different views and understandings in academic circles, mainly reflected in the definition of the role of judicial syllogism. Some scholars think that judicial syllogism is more used in the process of judicial trial as a technical means of law, while some scholars think that judicial syllogism is more of an analysis of the results of judicial trial. It is an analysis of the fairness and reasonableness of the judgment, and a proof of the acceptability of the judgment result. This argument has not reached a definite conclusion so far. In view of the present situation, this paper starts with the logical premise of judicial syllogism, and briefly analyzes the manifestation and trial mode of judicial syllogism. Then the logical structure of judicial syllogism is analyzed, and the author's understanding of the discussion of judicial syllogism is given. Finally, the value and developing direction of judicial syllogism are briefly expounded. In this paper, the introduction is the first part, mainly discusses the background and significance of this study, briefly introduces the current situation of the academic research on judicial syllogism, as well as the main content and research methods of this paper. The first chapter is an overview of judicial syllogism. This paper introduces briefly the traditional syllogism, which is the theoretical basis for the existence and development of the judicial syllogism, and then expounds the development process from the traditional syllogism to the judicial syllogism, and determines its status and value in the whole field of logic and law. From the logical premise of judicial syllogism, the paper briefly explains its manifestation and trial mode. This part is mainly to make readers have a simple and clear understanding of judicial syllogism, and make a brief statement for the logical structure analysis of judicial syllogism in Chapter two. Chapter two analyzes the logical structure of judicial syllogism. In this chapter, the author first analyzes and expounds the judicial syllogism from two aspects of formal logic and non-formal logic, so as to obtain some scholars' understanding and view of judicial syllogism: legal technical means. Then, from the analysis of the process of judge's judgment, it is concluded that the thought of judicial syllogism exists in the judge's thinking in the course of judicial judgment, but it is not as a method of discovery but an analysis of the result of judgment. Finally, the author's understanding of this problem and the limitations of judicial syllogism. Chapter three, the value and development trend of judicial syllogism. In the previous chapter, the author corrected the understanding of the limitation of judicial syllogism, which was mainly about expounding its value and re-establishing its position and value in the field of law and logic. Finally, the development trend of judicial syllogism is prospected.
【学位授予单位】：河南大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D90-051
本文编号：2278743
[Abstract]:For the understanding of judicial syllogism, there are many different views and understandings in academic circles, mainly reflected in the definition of the role of judicial syllogism. Some scholars think that judicial syllogism is more used in the process of judicial trial as a technical means of law, while some scholars think that judicial syllogism is more of an analysis of the results of judicial trial. It is an analysis of the fairness and reasonableness of the judgment, and a proof of the acceptability of the judgment result. This argument has not reached a definite conclusion so far. In view of the present situation, this paper starts with the logical premise of judicial syllogism, and briefly analyzes the manifestation and trial mode of judicial syllogism. Then the logical structure of judicial syllogism is analyzed, and the author's understanding of the discussion of judicial syllogism is given. Finally, the value and developing direction of judicial syllogism are briefly expounded. In this paper, the introduction is the first part, mainly discusses the background and significance of this study, briefly introduces the current situation of the academic research on judicial syllogism, as well as the main content and research methods of this paper. The first chapter is an overview of judicial syllogism. This paper introduces briefly the traditional syllogism, which is the theoretical basis for the existence and development of the judicial syllogism, and then expounds the development process from the traditional syllogism to the judicial syllogism, and determines its status and value in the whole field of logic and law. From the logical premise of judicial syllogism, the paper briefly explains its manifestation and trial mode. This part is mainly to make readers have a simple and clear understanding of judicial syllogism, and make a brief statement for the logical structure analysis of judicial syllogism in Chapter two. Chapter two analyzes the logical structure of judicial syllogism. In this chapter, the author first analyzes and expounds the judicial syllogism from two aspects of formal logic and non-formal logic, so as to obtain some scholars' understanding and view of judicial syllogism: legal technical means. Then, from the analysis of the process of judge's judgment, it is concluded that the thought of judicial syllogism exists in the judge's thinking in the course of judicial judgment, but it is not as a method of discovery but an analysis of the result of judgment. Finally, the author's understanding of this problem and the limitations of judicial syllogism. Chapter three, the value and development trend of judicial syllogism. In the previous chapter, the author corrected the understanding of the limitation of judicial syllogism, which was mainly about expounding its value and re-establishing its position and value in the field of law and logic. Finally, the development trend of judicial syllogism is prospected.
【学位授予单位】：河南大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D90-051
【参考文献】
相关硕士学位论文 前1条
1 苏江红;试论法官思维与司法三段论[D];西南政法大学;2011年
本文编号：2278743
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