Sentence Formation System Of China

Sentence formation system refers to in existing judicial system, people who have the power of jurisdiction make judicial decisions lawfully. With regard to research methods, this article uses methods similar with analytical school of law. This article gives objective description to Chinese existing judicial system, without considering political and cultural factors.Chinese existing judicial system includes the judge system, the judgment basis system, judgment reasoning system, judgment—book making system.As to the judge system, according to the constitution and laws, the distribution of judicial power is roughly reasonable. According to the supreme people's court' judicial interpretations, the system sets by the constitution and laws is damaged seriously. The collegiate system is distorted, the judicial power is taken by some people such as presidents of courts, chairmen of courts, and chief justice conferences.This chapter uses Habermas' consensus theory.As to the judgment basis system, formal legal sources of China roughly include the constitution, national law, administrative regulation, local decree, autonomous decree and special decree, and also include national policy, General international practice and custom. Legal sources vary in different legal departments. The principles of the Constitution should be use in judgments.As to the judgment reasoning system, there are two ways:formal logic inference and reasoning by cases. Formal logic inference includes deductive inference and inductive inference.As to the judgment—book making system, Supreme People's Court make some efforts to promote judicial reform.