June 1, 2018，Guided by the spirit of the 19th National Congress of the Communist Party of China，The Supreme People's Court is based on the actual trial work of my country，I promulgated the "Guiding Opinions on Strengthening and Standardizing the Realing Demonstration of Referees" (hereinafter referred to as "Guidance Opinions")，The direction of the Chinese referee's text and interpretation of the Chinese referee，At the same time，It also puts forward the upgrade requirements for the logic of the three paragraphs of trials in my country。

"Guidance Opinions" First of all, the purpose of the reasoning of my country's referee text and interpretation is to "clarify the formation process and legitimacy of the referee conclusion，Improve the acceptability of the referee，Organic unity of realizing legal effects and social effects "。This means that my country's referee articles and interpretation should also pursue referee acceptable higher standards，Interaction that attaches importance to legal effects and social effects，Time to "get in the case"。Specifically，"Guidance Opinions" proposes the four aspects of "clarification", "explanation of the law", "explanation of reason", "pay attention to literature and science"。and propose，Except law and regulations、Judicial Explanation，Judges can use the "guidance case released by the Supreme People's Court; the Non -judicial interpretation trial business regulatory documents released by the Supreme People's Court;bet365 best casino games 、reasonable、Trading practice、Trading practice、Folk Period、Occupational ethics; legislative materials and other legislative materials; take history、System、Materials used in legal interpretation methods; legal and academic views of traffic;、Other arguments that are not conflicted with standardized legal documents such as judicial interpretation "to enhance the acceptability of the referee conclusion。This further affirmed the necessity of other auxiliary arguments outside the three paragraphs of trial。

When our eyes cast from the three -paragraph of Western form logic to the wider world's three major logic source flow，Both interpretation、The three discussions of Yin Ming and the analog logic factors are in line with the current demand of logic in my country's referee text and interpretation.，First of all, it is worthy of attention。Yin Ming is also known as Buddhist logic，It is a glory tool。The earliest in the Eastern Jin Dynasty，Ancient Indian monks Buddha Batlobo Laihua，Through translation of "Convenient Mind Theory", the first argument logic system of Mingming — the five -branch argument was introduced to our country。It is generally considered，Liu Ye's "Wenxin Eagle Dragon" demonstration has been affected by five discussions。and the three branches are the results of further improvement on the basis of the five -branch argument。The monk Xuan Zang of the Tang Dynasty made a significant contribution to the development of the three arguments in China。His Westward Travel India has retrieved and translated the core book "The Theory of Yinzhengzheng" and "The theory of the Law of the Ming Dynasty"，Lift the climax of studying Yinming。my country is also known as "the second hometown of Yinming"。

The three branches of the Ming Dynasty are from bet365 Play online games Zong、cause、Meter three composition，Among them, metaphor can be divided into two types of metaphor and different metaphors，Both are composed of two parts: metaphor and Yu Yi。According to the point of view of Zhang Zhongyi, the famous Yin Yin, the famous Yin Yin,，The three -branch argument of the Ming Dynasty contains the deductive logic factor of the launch of "Zong" from "metaphor" and "cause"，It also includes the inductive factors from "Yu Yi" to "Yu Sports" and the analogy factors that launch "Zong" from "Yu Yi" and "Yin"。In this sense，Yin Ming's three -branch argument and my country's referee documents are based on the existing deductive logic，Add attachment、Activities, etc. The logic of reasonable logic，The need to enhance the referee's acceptance of acceptability is in line with。

From the referee of the famous judgment collection "Famous Public Book Judgment of the Qingming Collection"，Three -support also has important value for the referee text and interpretation。The argument about the defendant Li Keyi's behavior wrote: "If you don't respect his relatives and respect others，Poor Ceremony。The tomb of Guo Chongtao Crying Ziyi，Laughing Wanshi。Di Wuxiang refused to recognize Liang Gong as ancestor，People are called today。"The nature of ancient China has the nature of law，The three sentences of the judgment only clarify the ritual nature of Li Keyi's behavior。Analysis of its argument will be discovered，The verdict of the famous publicity of the Song Dynasty can be restored to three theory types: Cailer (Zong); reluctance to respect others (because of); those who do not respect their relatives and respect others，Poor Ceremony，As the tomb of Guo Chongtao's crying instrument，Laughing Wanshi (same metaphor)Bet365 lotto review ;，respecting them instead of others，If Di Wuxiang refuses to recognize Liang Gong as ancestor，People are called (different metaphors)。This argument uses two examples of "Tomb of Guo Chongtao Crying Ziyi" and "Di Wuxiang refuses to recognize Liang Gong as ancestors"，As a Tongyu Yimei Yu Yi，It provides defense for the establishment of the premise，It also provides an analogy example for the case to make a decision，Enhanced the acceptability of the judgment of the judgment。So，my country's current referee text and interpretation of the law of logic can be found to find reference path from the three discussions of the Ming Dynasty。

On the one hand，Use guidance cases to add Yuyi。The three -segment theory of trials used by referee documents and interpretations and the three parts of the three parts of Yinming are composed of three parts，Three paragraphs have a premise、Small premise and conclusion，Yin Ming has a sect、cause、metaphor three branches。At the same time，Three paragraphs of trial from the premise to conclusions are interpretation argument，Because the three branches of the Ming Dynasty are also performed by the metaphor body and the process of launching the ancestors。Differences of the two in the type，It is mainly reflected in the difference between the metaphor of the three discussions and the premise of the three paragraphs of the Ming Dynasty。The metaphor of Yinming is not only composed of the same metaphor and different metaphors，And the same metaphor and different metaphor also has the division of metaphors and metaphors。The prerequisite for trial three paragraphs does not have similar metaphors and Yu Yi elements。But because the body can be launched for the same metaphorical logic，Almost metaphors are generally regarded as an auxiliary and metaphorical negative Bet365 lotto review argument，It is often omitted in the application，The impact of different metaphors is not the main，Therefore，The main difference between the three paragraphs and the three -church type of trial is the lack of the former metaphor of the body.。This directly leads to the obvious difference between the logical nature of the two: due to the interpretation of the three branches of the Ming Dynasty、The nature of induction and analogy，and trial three paragraphs only have interpretation properties。

If you learn from the three discussions of Yinming，The prerequisite for trial three paragraphs (laws regulations)、Small premise (the facts confirmed) and conclusions，corresponding metaphors、Yinhe Zong，You only need to add Yuyi to expand the three -paragraph theory of trial with only interpretation properties to include interpretation、Comprehensive argumentation of induction and analogy，Logic persuasiveness to improve the referee text and interpretation method。Due to the instructive case issued by the Supreme People's Court, it has the logical nature of the case，It is also one of the arguments that can be used in the referee text and interpretation of the referee in the "Guidance Opinions"，Therefore，Learn from the three discussions of Yinming，Three theories of trial can be used as a way to add guidance cases，Improve its reasonable acceptability。For example，In the Supreme People's Court Guideline Case No. 24 as Yu Yi to the relevant referee text and interpretation, when it is reasonable，On the one hand，This guiding case can be a major prerequisite for the three paragraphs of the trial- "Article 26 of the" Law of the People's Republic of China "and Article 76, paragraph 2 (1) of the" People's Republic of China Road Traffic Safety Law " Applicable case support; on the other bet365 Play online games hand，The fact that the physical condition of the victim of the traffic accident in this guiding case affects the consequences of the damage.，Further enhances the acceptability of the referee text and interpretation of the law。

On the other hand，Expanded Yu Yi to improve external defense。Judgment three paragraphs ensure the effectiveness of the premise to the form of the conclusion，The internal defense problem of legal demonstration is solved。Add guidance case as Yu Yi，further demonstrate the acceptability of the prerequisite，That is to improve external defense。Aleksi thinks，"external defense is the core focus of legal demonstration"。So，Due to the large prerequisite contained in the three discussions of the Ming Dynasty, external defense is more acceptable than the three paragraphs，It is also the most in line with the legal argument。

But using guidance cases as an external defense mode of Yu Yi，It is only a special mode that uses cases to make large prerequisites for external defense，Limitation with arguments，Restricted external defense for perbine。If you want to add external defense with more universal practical value for the three paragraphs of trials，Getting rid of the shackles of the nature of the case can be tried to try。No case -like requirements，Many arguments pointed out in the "Guidance Opinions" can also appear as Yu Yi，Support for the premise。This is the time to improve the logic of the referee text and interpretation，It has also widen its use path，It provides logical methods for more arguments for referee。For example，In the interpretation of the first judgment of the final judgment of the first case inheritance in my country，The judge will conduct external defense for the "ethics" and "emotion" mentioned Bet365 lotto review by the "Guidance Opinions"，clarify the humanistic care in the law，improved the acceptability of the referee，Double harvest of legal effects and social effects。

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(Author Unit: Department of Philosophy of Nanjing University)