Research On The Discovery,Selection And Application Of The Reasoning Basis Of Civil Adjudication Documents

With the reform of refereeing documents constantly strengthened and refined,the reform of the reasoning of civil adjudication documents in China has gradually penetrated into the "reasoning basis".In the context of building an efficient and intelligent court,it is possible to realize the intelligent generation of all the elements of the refereeing instrument,especially the automatic generation of the reason part of the referee,which depends on the structure,objectification and quantification of the reasoning basis.Because the reason of the referee is the process of the judge's value judgment,and the reasoning basis is the carrier of the value judgment.Therefore,it is necessary to place the reasoning of civil adjudication documents in the field of"wisdom justice" or "wisdom Court",taking "reasoning object=reasoning reason+reasoning basis" as the structural formula of reasoning of refereeing documents,from"basic principle","present situation","application situation","discovery method","selection criterion" and "dynamic application"."Reason" is not entirely objective,it has subjective factors,the reason of the"subjectivity" needs to be based on the "objectivity" to exclude.The referee's reasoning shows the practical rationality of the judicial argument,the reason of the referee is the reason given by the referee's reasoning,and the reasoning basis is the factual pattern of the referee's reason,so that the reasoning basis can be deduced to refer to the general basis of supporting the reason of the reasoning object in the adjudication instrument.There is both relevance and substantive difference between the basis of reasoning and the basis of adjudication.Without "basis",there is no"reasoning",and the reasoning basis of civil adjudication documents is not only the connection point between norms and facts,but also the rational yardstick of different judgments,which is the independent value of the reasoning basis of civil adjudication documents.Knowledge is the condensation of human experience,and the basis of civil adjudication documents is derived from explicit knowledge,tacit knowledge and make tacit knowledge explicit,which is also the theoretical basis of the feasibility of civil adjudication documents based on knowledge map.The reasoning of civil adjudication documents is based on the present situation of "discovery",which is manifested as "relying on personal experience to find the basis","the judge lacks the search basis skill","there is the demand of reasoning basis library",and there is a realistic dilemma on the basis of the overall idea,main type and consideration factor of the civil adjudication instrument.The present situation of the application of civil adjudication documents is as "reasoning has a rational basis","some reasoning has no reasoning basis" and "reasoning has no basis for reasoning".In short,the reason for the lack of convenience of the tools found in the reasoning of civil adjudication documents,the lack of uniformity of the criteria for the rational basis of civil adjudication documents,and the lack of motivation of the reasoning basis of civil adjudication documents are the main reasons why the reasoning of civil adjudication documents is difficult to find,difficult to choose and to apply negatively.At the stage of evidence review,the distribution of burden of proof,the standard of proof,the three nature of evidence,the ability of evidence and the power of proof all need to be reasoned;at the stage of fact determination,it is necessary to justify the examination of the facts of the complaint,the determination of the legal facts,the confirmation of the facts.It is necessary to determine the facts of the case by determining the factual points of contention and the facts of the case based on circumstantial evidence.At the stage of law application,legal loopholes,disputes over the application of laws and legal norms need to be reasoned;In the discretionary stage,whether the use of discretion and discretion to consider the factors need to be based on reasoning.As a professional term,"rational basis discovery" refers to a process of justice,not to the scope of legislation,so it emphasizes from the "existing basis" to find"appropriate basis",rather than from "no" to "have" creation.The construction of knowledge map based on the reasoning of civil adjudication documents can be divided into four steps:the information extraction based on knowledge map is completed from the aspects of entity extraction,relationship extraction and attribute extraction,and the knowledge fusion based on knowledge map is accomplished from the aspects of Entity link(entity dissociation and co-reference digestion)and knowledge integration,from ontology construction and in the aspect of knowledge reasoning and quality assessment,the knowledge processing based on knowledge map is completed.Reasoning based on the construction of Knowledge map is not a one-time can be completed,it is necessary to constantly optimize and perfect the built reasoning according to the knowledge map.Finally,based on the knowledge map,the rational basis and rational risk assessment system are constructed,which not only realizes the function of intelligent retrieval based on reasoning,but also reduces the risk of judges ' reasoning,and cracking the difficult problem of "unwilling to Reason"and "unwilling to reason".Civil adjudication requires a value measurement between facts and norms,not all of which can be the basis for the reasoning of civil adjudication documents.When the judge chooses the reasoning basis of the civil judgment instrument,he should judge in three steps:First,examine the "legality" of the reasoning basis,that is,the formal legality of the reasoning basis from "in accordance with the current law",examine the substantive legality of the reasoning basis from "Realizing the legal effect",and secondly,examine the "necessity" of reasoning basis Absence-bridging "model examines whether the basis can bridge the legal loopholes,follow the"appeal-response "model to investigate whether the reasoning basis can be justified on the basis of reasoning,and finally,examine the" feasibility "of reasoning basis,that is,from the" say on the basis of their own need not re-examination "to investigate the objectivity of the basis of reasoning.Examine the consistency of the basis of speaking.The new type is based on whether it can become the basis of civil adjudication documents,it does not need to be enumerated,but it is necessary to set up a decision model based on the reasoning of civil adjudication documents to unify the identification criteria.The interaction between judge and court should be analyzed from two aspects of psychology and behavior respectively,the psychological contract theory should be introduced to examine the implicit psychological expectation between judges and courts,and the theory of booster should be introduced to interpretation the court to encourage judges to adopt implicit behavior strategy.Once the identity of the judge has been established,mutual psychological expectations,such as implicit,dynamic and unexplained,are formed between the court and the judge,in addition to written deeds(contracts).The Civil judgment instrument established on this basis is based on the mutual psychological expectations,such as implicit,dynamic and unexplained,also emerge.and applicable psychological mechanism,that is,in the psychological contract formation,maintenance and performance stage to let the judge form willing to use reasoning basis,dare to use reasoning basis and use good reasoning basis of the hidden expectations.Such a means of adopting a "hidden" strategy to steer the public towards a particular purpose is better than taking mandatory or tough measures,making it easier for people to have both "free choice" and "maximization of benefits".The establishment of civil adjudication documents based on the dynamic application of the booster mechanism,is to form a civil adjudication instrument reasoning"complexity" diversion as the content of the simplified mechanism,with the civil adjudication of the rational style of the flexible adjustment as the core of the correction mechanism,to the civil adjudication of the reasoning based on the auxiliary generation of the default mechanism.