Legal Analysis Of Reasoning Of Judicial Documents

Judicial documents is a judge in civil,criminal and administrative litigation,identify and applicable laws on facts,make a final decision concluding the legal effect of non-normative legal documents.The documents are to judge who is the conclusion of demonstration and instructions,to show that the conclusion is legitimate,just as a program design.With the judicial reform,the problem of the document philosophical theory and practice of common concern.As is known to all,a tight logic and reasoning fully referee documents,promote the referee documents judicial fairness,the parties to the referee to eliminate the defensiveness,establish judicial authority.In common law countries,judicial documents rich in content,logical reasoning,as if a piece of legal paper.But in our judicial practice,the judicial documents formatting tendency,inadequate reasoning is a fact.The article Based on the legal basis for the documents,the function,the methods,the language of the rules,etc,pointed out that the china's decision reasoning instruments prevailing inadequacies,and puts forward some solving countermeasures,in order to reform reasoning of judicial documents in China.