The Application and Limitations of Legal Doctrines in Judicial Judgment Reasoning in China
In the judicial practice of our country,legal doctrine represents both an intellectual authority and an identity authority,mainly manifested in three types:scholar perspectives,legal theories,and practical perspectives.From a functionalist perspective,Legal doctrine refers to the theoretical viewpoints and practical perspectives of scholars or practitioners on legal issues.Empirical observations have shown that Legal doctrine plays a specific role in factual reasoning,legal application reasoning,and responding to the demands of the parties involved.Within the current legal framework,legal doctrine can only serve as a reason for judgment rather than a basis for judgment.Judges must follow necessary limits when using legal doctrines,and complete the necessary review of the application of doctrine,content review,and coherence review of individual case arguments.
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