A Study on the Argumentation and Reasoning in Recording and Review Cases: Taking Fundamental Rights Cases as an Example

QIN Wenfeng*

Abstract: Protecting citizens’ fundamental rights is one of the basic functions of the system of recording and review, and relevant cases should fully embody this function. However, whether they are recording and review cases concerning fundamental rights or other types of recording and review cases, their argumentative logic is mainly reflected in legislative logic and policy implementation logic, ultimately aiming at the reconstruction of legal norms and featuring the nature of proactive legislation. At the same time, the argumentation of review authorities lacks technicality, with deficiencies in expounding the normative connotations of fundamental rights and social facts, making it impossible to highlight the protection of citizens’ fundamental rights in review argumentation. The function of protecting fundamental rights in review argumentation should be reflected in three aspects: the function of transmitting fundamental rights values, the function of providing fundamental rights rules, and the function of taking fundamental rights as a methodology. Centering on these three points, an argumentation model for the recording and review of fundamental rights with human rights protection as the starting point should be constructed.

Keywords: recording and review · fundamental rights · rights protection · review argumentation