Research On The Explaining System Of Criminal Judgment Reasons

The human dignity should be protect by a good rule of criminal law for all persons involved in legal procedure, that is the only way to accord with justice and pursue the harmonious target. A criminal conviction is an important way to show justice in the criminal field. Criminal judgment should not only strive to draw the conclusion of justice, but also on reviewing and summarizing how the country strives to protect the human rights and dignity in the course of the proceedings. All these depend on the explaining of criminal judgment reasons to realize. Criminal judgment should be based on explanation of reasons for decision. The thing can be proved that decision comes from a rigorous demonstration but not arbitrary discretion. The spirit consciously accepted judicial authority of people should be established by the function of persuasion. The interpretation for Criminal judgment reason obtains the value of law and justice as the connection of flesh and blood, sublimates from the level as mean to target. The explanation of judgment is not only the way for realizing justice but also a part of justice itself. Because of the explanation of judgment has such an important role, the research for the explaining system of criminal judgment reasons and other related issues has important theoretical and practical significance.There's no legislative provision about explanation of judgment reasons in our criminal procedural law, judicial authority decide how to reason judgment as its will. This situation has resulted in many drawbacks. The purpose of writing this article is to discuss how to overcome these disadvantages.This paper firstly introduced the related cases in the foreword part, descripted that the current situation is very grim. In the text, this paper defined the concepts of criminal judgment, criminal judgment reason, system of explaining criminal judgment reasons and so on. Then the paper demonstrated some basic theory questions of explaining of criminal judgment reasons. Last the paper put forward on the explaining system of criminal judgment reasons and supporting measures with two chapters.This paper is mainly concerned with issues of institutionalization, both involves concept and category theory problems, realized the innovation in view of study. In the course of study, this paper has formed some new insights about institutionalization of judgment reasons, the content of interpretation for judgment, the concept of evidence and so on.