Abstract：The judging method is applying logical syllogism to the judicial field. However, the deductive reasoning method from general to individual can not cover all the facts of social life completely because the system of statutory law has the feature of closure. In the judicial practice, the judgment of difficult cases actually is an authoritative trial. In the construction of the judging method for difficult cases, we need to change a single deductive model to a comprehensive deductive model which includes deduction, induction, hypothesis and analogy, at the same time we can use legal argumentation to argue the rationality of judgment.

Keyword：difficult cases;judging method;legal argumentation;