概念涵摄与规则适用：一个概念与逻辑的分析

概念涵摄；规则适用；推定的理由；法律难题；司法推理的客观性
In the practice and theoretical discussion of judicial reasoning, concept-subsumption is often confused conceptually or logically with rule-application. This confuse obstacles the clarifying of different steps and their logical order of judicial reasoning, and makes people tend to be skeptical about objectivity of it. So there is no conceptual or logical equivalent between concept-subsumption and rule-application. However, there is a normative connection between them. The former provides a presumptive reason for the latter, which can be distinguished from a prima facie reason or a conclusive reason. The clarification of the differences and connections between concept-subsumption and rule-application can help us with thinking about some related issues in jurisprudence. Most importantly, it can help us with thinking about legal difficulties and the objectivity of judicial reasoning in a conceptually clear way.