Commenting On The Reasoning Of Civil Judgment In China

Every era needs a theme. The theme of People Court in the 21st Century is justice and efficiency. In recent years, reforms of trial method around this theme are flourishing. And the reforms gain remarkable effectiveness. But being the carrier of judicial justice of People Court, court verdict does not have high quality. Without or lack of reasoning is the main problem. How to enhance transparency of the procedure-expression in the civil judgment and strength of expounding and argument to the reasoning part, which aims to improve the credibility and persuasion and realize fairness and justice of has become top priority of the reform of Chinese civil judgment of judgment. On account of the conditions above, the author will research in-depth the issues of reasoning of Chinese civil judgment, expecting to do some theoretical contribution to the reform of Chinese civil judgment.The whole thesis consists of the following parts. First, this thesis discusses the conception, scope and other intention and connotation of civil judgment, which delimit the scope of the discussion of this paper and provides a uniform definitional domain or discussing platform. Second, this thesis from the historical reviewing perspective discusses that reasoning of civil judgment is inevitable element of judicial documents. Third, the thesis mainly discusses the problem of civil judgment existing in reasoning perspective and the cause of the problem. We think that at the present there are some problems in stage Chinese civil judgment: one, be lack of testimony analysis to the identification of law case; two, be lack of explanation to applied law, lack of logic in judgment account; three, lack of logic in judgment account; four, be lack of pertinence in reasoning. Fourth, the thesis discusses causes of the above problems in the aspects of systematic factors and man-made factors. The systematic factors include: one, the structure of Style of Court Judicial Documents exists defects, which limit the reasoning of instrument; Two, lack of systematical encouraging factor limits the activity and creativity of the judge; third, having not really realized independent adjudication is the main cause of the condition that judges are afraid and inconvenient of reasoning. And man-made factors include that judges'cultural and professional quality is relevant low, which mainly causes the unclearness of reasoning and reluctance of reasoning. At last, the thesis puts forward specific strategies in enhancing reasoning of civil judgment, based on the analyses above. The contents include three aspects: The first one is to reform the structure of written judgment and enhance reasoning. The second one is to optimize the judge management system. This article puts forward solution from the aspects of judge independent system, judge appraisal system, judge selection system, and discusses and analyses incentive mechanism construction. The third one is to enhance the quality of judges. We think the quality of judges should be enhanced mainly from the aspects of construction of judges thinking mode, occupation morals and judges continuing education system.