司法三段论内、外部推理网络研究

司法三段论基本思维模式表现为法律适用、事实认定和裁判结论。大前提是法律规范而不仅仅是逻辑命题,力图通过法律规范和法律事实建立通道,法律规范、法律事实、推理主体需要对众多法律理由进行权衡与抉择。需要对逻辑三段论进行重构,常处于一个由内部推理与外部推理织就的复杂网络中,由内部正当性证成与外部正当性前提构成,在法律规范与事实之间建立具体、有效的推导关系。

Research on the Internal and External Network Reasoning of Judicial Syllogism

The basic thinking mode of judicial syllogism manifests as application of law, factual finding and conclusions of judgment. The premise of judicial syllogism is legal norms rather than logical propositions, with the aim to establish channels by means of legal norms and facts. Legal norms, legal facts, reasoning subjects require many legal reasons for trade-offs and choices, and thus lugieal syllogism should be reconstructed. In a complex network woven by the internal and external reasoning, judicial syllogism consists of internal legitimacy validity and the premise of external validity, seeking for establishing a concrete and effective derivation relationship between the legal norms and facts.