法律论证即法官在判决书中说明裁判理由的程序和方式,其包括对法律推理过程的验证,也包括对作为推理大前提的法律依据和作为推理小前提的法律事实的论证。在法律论证领域,共识是论证的出发点,也是论证的归宿。在法治社会,要使得法官对裁判理由的说明获得更广泛群体的认可和接受而成为有效的论证,对公众法律意识的培育是至关重要的,因为在思想层面具有一定同质性的社会才是共识的真正来源。 The legal argumentation is the procedure and method by which the judge states the reasons of the adjudication in the verdict, which includes the verification of the legal reasoning process and the argument of the legal basis as the premise of the reasoning and the legal fact as the premise of the reasoning. In the field of legal argumentation, consensus is the starting point of the argument and the end result of the argument. In a society ruled by law, it is essential to make judges’ explanations of the reasons of referees more validated and accepted by a wider group of people. It is crucial for the cultivation of public legal awareness because the society with a certain degree of homogeneity at the ideological level Is the real source of consensus.