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在社会转型期,司法承担着调节主体利益诉求、解决社会矛盾冲突、实现法律公正价值的职能。然而,当前的司法状况并不令人满意,面临诸多难题,遭遇民众信任危机,已陷入某种程度的困境。法律推理是能动司法的重要方式,其中,形式法律推理有助于实现司法的形式理性,实质法律推理有助于实现司法的实质理性。借助能动司法,充分发挥法律推理的作用,有助于解决上述难题。
In the period of social transformation, the judiciary undertakes the functions of regulating the interest demands of the main body, settling social conflicts and conflicts and realizing the fair value of law. However, the current judicial situation is not satisfactory, facing many difficulties and encountering the crisis of popular confidence, and it has plunged into some difficulties. Legal reasoning is an important way to move the judicial system. Among them, the formal legal reasoning helps to realize the formal rationality of the judiciary, and the substantive legal reasoning helps to realize the substantive rationality of the judiciary. With active justice, giving full play to the role of legal reasoning can help to solve the above problems.