A Study Of Paper Of Sentence

People's court's examining fact and evidence of the case according to legal procedure and making a fair judgment is usually called the trial function. Hearing is the prerequisite, sentencing is the outcome, while paper of judgment is the carrier of this sentence, the record of the trial process, the terminal and embodiment of courts' exertion of their jurisdiction by a series of litigation activities. The reform of written judgment is the important content of the reform of court's trials modes. It plays an extremely important role in improving judge's ability of writing judgments, enhancing transparency and public confidence and realizing judicial authority and civilization. As viewed from combining theory with practice, this thesis expounds the topic of paper of sentence reform thoroughly and carefully by applying the methods of comparative study and induction. People's courts hear cases of both public prosecution and private prosecution according to relevant laws, find whether the defendant guilty or not, and decide what the crime, range of punishment is. Paper of sentence is the record paper of the above activities. It not only has the common characteristics of judicial documents, but also the unique characteristics of criminal justice. As what judicial practice shows, paper of sentence plays an important role in explaining and publicizing legal regulations, spreading legal thoughts, reforming the accused and inculcating the public. In china, it goes through the stages of ancient, latter-day and modern times. Among them, the modern paper of sentence has developed from the phases of rudiment, innovation to maturity, from which we can see the persistent pursuit of justice. That's why we usually call judgment the touch-stone of justice. Our written judgment, just as the president of the Supreme People's Court Xiao Yang said: "At present, almost all court verdicts have the same image, ignoring the process of authentication and reasoning, not reflecting the whole picture of the trial, lacking the power of persuasion, thus has influenced the image of the judicial justice." Generally speaking, we can see several problems: 1.Most written judgments can not show the whole process of the trial, lack the idea of openness. 2. Most judgments are poorly proved and argued, can't fully reflect the idea of justice. 3. Some judgments quote the law improperly, can't fully reflect the idea rule of law. 4. Some judgments are too emotional, thus can't fully reflect the idea of judicial neutrality. 5. Some of them are too complex, without the idea of efficiency. We can attribute the above shortcomings to the restriction of the following factors: 1.Thinking much of the case report, fact depiction, while ignoring written judgment, ground of decision is a long-rooted conception; the notion of due process and procedure justice is still not popularized. Judges lack the necessary neutrality and objectivity. 2.The shackle of the principle of separation of functions, coordination and mutual check of the people's courts, the people's procuratorates and the public security organs, the faultiness of the evidence system, the absence of the written judgment' incentive,check and evaluate mechanism. 3. The lack of independence of judge, the division of hearing and sentencing, the generally low quality of judge's team, the long time format-writing guidance and habit cause judges the inertia of unwilling to argue while making the paper of sentence. The status quo of the court decision is still far away from the president Xiao Yang's requirement of making court decision really realizes its roles as the carrier of judicial justice,court civilization and judicial authority. It's necessary and urgent to improve the present written judgment. Therefore, I give the following suggestions- with the guidance of the idea of transparency, justice, standard, efficiency, we should guarantee the following six aspects: 1.Enhance the reasoning of the court decision by increasing relevant analysis for both evidence and fact question. 2. Make sure to full...