The methodological rules of invoking substantive arguments in administrative trial
Substantive arguments serve as a form of argument that supports the judgment conclusion through the rationality and persuasion of its own content,belonging to a kind of auxiliary arguments,which can provide multidimensional justifications for the legality of administrative acts,such as objective element,value standard,principle of law and empirical law.In administrative trial,substantive arguments are of multi-functions of inferring the case facts,guiding the direction of the application of law,and carrying out judicial argumentation.In the current administrative trial,the non-explanatory use of substantive arguments makes it difficult to play the argumentative function,and the logical disparity with the judgment reasons causes the poor argumentative function of the substantive argument,and the nature of the substantive reasoning leads to the uncertainty of the judicial adjudication.Substantive arguments belong to proof argument,and only when they are properly selected and explained,can they have the possibility of judicial application.Substantive arguments are of non-legal reasons,and their judicial application can only be enhanced by adhering to the requirements of legal argumentation,as well as through the guidance of legal methodology.
substantive argumentslegitimacy argumentationpersuasive authoritiessource of legal cognitionlegal methodology
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