Acceptability Of Judgment Reasoning And Its Realization

Judgment reasoning is also the interpretation reasoning of judgment documents,Its purpose is to enhance the fairness and transparency of the judgment behavior by clarifying the formation process and legitimate reasons of the judgment conclusion,and then promote the standardized exercise of the judicial power,enhance the judicial authority and judicial credibility,and strive to make the people feel the fairness and justice in every judicial case.In the real judicature,the judgment reasoning is a dynamic process,the core lies in how to effectively construct the reasons for judging,the content is to explain how the legal norms,basic principles,moral habits,political policies,guiding cases,etc.They are actually applied to judicial decisions,and what standards are followed to achieve the unity of legal effect and social effect.Referee reasoning is a process of persuasion for a specific subject,which mainly involves three aspects: "who is saying","to whom" and "how to say",and takes "acceptability" as the ultimate goal of reasoning.The acceptability of judicial reasoning takes legal negotiation and legal argumentation(Argumentation)as theoretical tools,and includes three aspects: reasoning idea,reasoning form and main content.In terms of concept,the acceptability of judgment reasoning follows the dual guidance of "standardization" and "effectiveness",and the ultimate goal is to achieve social effects;In terms of form,both the "general" reasoning for most cases and the "personalized" reasoning for specific cases are acceptable as long as they meet the requirements of the basic format specifications;In terms of content,the acceptability reasoning is not only for "reason" and "legal theory",but also for "reason" and "literary theory",covering the whole judgment document.Judging from the measurement standard of the acceptability of reasoning,because of the difference between the subject and the object,we can construct it from two aspects: the reason of judgment itself and the audience of reasoning.The former shows that the reasoning of the referee must be a good process of argumentation.Influenced by the factors such as whether the premise is acceptable,the support degree of the premise to the conclusion,and the correlation between the premise and the conclusion,it should meet the specific requirements such as "the demonstration does not violate the logical requirements","the conclusion should be traced back to the legal norms","the factsshould be clearly stated and have evidence";The latter is reflected in the fact that the reasoning of judges must also be a rational dialogue,which should fully consider the legal professionals as special audiences,and different psychological identity and value judgment of the parties and the public as the general audiences.Use legal negotiation and psychological judgment to achieve persuasion rather than coercion.Based on the specific content and measurement standard,the judgment reasoning meeting the acceptability requirements mainly includes the following three realization paths: First,in terms of system,we should build a perfect reasoning system and mechanism to create good external conditions for acceptable reasoning;Second,in terms of technology,it is necessary to clarify the writing format and requirements of the judgment documents,so as to provide standardized form reference for acceptability reasoning;Third,the legal method should explore the basic rules and argumentation standards that different reasons are applied to the judgment,so as to provide methodological guarantee for the acceptability reasoning.The specific content,measurement standards and basic ideas above define "what is the acceptability of judgment reasoning",which is the theoretical part of the article.In reality,acceptability reasoning is only a theoretical vision,but the lack of acceptability is the normal judicial practice.Therefore,how to effectively grasp these problems and analyze the causes is an important aspect to improve the level of judicial interpretation.This chapter also takes "reasoning" as the key word,searches through the magic weapon of Peking University and then selects 600 typical cases that take "reasoning problem" as appeal or appeal opinion as case sample pool.Through empirical analysis,we can summarize the performance of the lack of acceptability of reasoning as follows: First,no reasoning or general reasoning;second,empty or stylized reasoning;third,impromptu reasoning or arbitrary reasoning;fourth,judgment is not requested or argumentation is unclear.Based on the analysis of the existing professional quality,experience,judicial system,judicial environment,reasoning evaluation and incentive mechanism of judges,as well as judges' perversion of the law and other reasons,this paper takes whether it has direct influence and operability as the criteria for deletion and selection,we can classify these reasons into three categories: attaching importance to the result of judgment,neglecting the judicial concept of interpretation,imperfect judicial security system and technical norms,and neglecting the application of legal methods in judgment.This is also the third,fourth and fifth chapters of the article mainly around and trying to solve the content.There must be a sound external guarantee mechanism to realize acceptability.Although judicial document reasoning is a kind of personal behavior of judges,only in a specific judicial context,the reasoning activity plays a greater advantage.Combined with the current judicial practice,the external guarantee mechanism to promote the reasoning of the judgment mainly includes the following three aspects:Firstly,the case diversion mechanism realizes targeted reasoning.Secondly,the open mechanism of the referee forces normative reasoning.Thirdly,evaluation incentive mechanism promotes active reasoning.The main task of complex and simple diversion is to determine different Diversion Standards for each type of case.Cleardifficult and complex cases,cases with large disputes between parties,cases with high social attention and great influence,etc.which need to be reasoned;Through the mechanism of "backward force",the referee can make the referee show his "achievements",so that the referee document can meet the specific format and demonstration requirements.Moreover,in the face of judicial query,the open mechanism can also protect the judges to dare to reason;Evaluation incentive mechanism can establish appropriate evaluation standards for facts and evidence,legal application and interpretation.At the same time,courts at all levels are also exploring the selection of excellent judgment documents as a routine important work and included in the evaluation index system of the court's trial work,so as to play the radiation driving role of excellent judgment documents.To achieve acceptability reasoning,there must be internal reasoning technical specifications,mainly referring to the format and language requirements of reasoning in the judgment documents.Combined with the characteristics of the judgment documents,the technical specifications are mainly manifested in the format,reasoning language and document style of the judgment documents.In terms of format requirements,reasoning requirements,reasoning standards and reasoning focus of different types of judgment documents are different,We must construct the basic frame of reasoning with "one center,two basic points and three opinions",and take the main reasoning levels of evidence review reasoning,fact determination reasoning,law application reasoning,free judgment reasoning,etc;In terms of language requirements,we must take the needs of the audience as the guide,and the referee's language should be accurate and standardized rather than vague and abstract,the style of the referee's expression should be plain and not fussy,the referee's expression should be logical and clear without being vague;In terms of the innovation of document form,in order to enhance the effect of reasoning,the judge can try to innovate the key point leading reasoning and tabular reasoning technology on the basis of the general descriptive judgment document format.In addition to external mechanism guarantee and internal technical specifications,an important way to realize acceptability reasoning is to effectively use legal methods.It mainly includes legal interpretation,legal argumentation and legal rhetoric.Legal interpretation is the primary method of legal application reasoning.Its role is to clarify the legal meaning of the concept of uncertainty;Legal argumentation is the core method of judicial reasoning.The essence of judicial reasoning is the process of legal argumentation,which takes acceptability as the standard of argumentation and realizes the acceptability of judicial process through logical analysis,argumentation and negotiation procedure;Legal rhetoric enhances the effect of acceptability reasoning,the main function is to construct the context of reasoning and clarify the reasoning effect.Specifically,in reasoning activities,these methods are mainly used in how to build the judgment reasons based on the acceptable measurement standards,and clarify the specific standards and requirements.For example,the key to reasoning with legal principles is to explain the process of "establishing rules according to principles";The key point of using moral reasoning lies in the realization of the value guidance of the referee,and on the basis of grasping the deviation of moral reasoningreasonably,the concrete reasoning standard should be made clear;To use social habits for reasoning,we must first identify habits and actively realize the transformation of habits from "facts" to "norms";The focus of reasoning by using typical cases or guiding cases is to explain the reasoning process of guiding cases with case interpretation method,focusing on the specific standards of "identifying the same case" and "realizing the same judgment".