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司法三段论是我国法律适用中的推理形式,其以法律规范为大前提、法律事实为小前提、裁决结果为结论。小前提的建构是事实与法律博弈契合的过程。司法三段论的价值判断主要是对作为小前提的案件事实的价值判断[1]。实现公正司法,需要我们对小前提建构中的价值判断予以重视和规范。
Judicial syllogism is a form of reasoning in the application of law in our country. It takes legal norms as the premise, legal facts as a minor premise, and the verdict as the conclusion. The construction of a small premise is a process in which the fact and the legal game fit together. Judgment of the value of judicial syllogism is mainly based on the small premise of the value of the case to determine the facts [1]. To realize just justice, we need to value and standardize the value judgments in the construction of small premises.