Criminal Judgment Reasoning Problems

Criminal judgment is an important scale to test the judicial ability of the criminal judge, which directly impact on the fairness of criminal jurisdiction. This stage, to enhance the reasoning of criminal judgment, to improve the quality of criminal judgment, has important legal significance and social significance. In accordance with procedural justice theory demonstrated, criminal judgment must reasoning. Meanwhile, according to constitutional theory, the government deprive a citizen of liberty can not be willful, the state must pay attention to the balance of state power and civil rights, must pay attention to maintaining the principal position of criminal defendants. Whether the judgment made good by law, can convince the whole society, make the public satisfaction, the court said and how it can say with the judgment is as important as the result of the documents, the criminal judgment can not solve practical cases directly, but can reflect procedural justice, the essence of litigation. The western developed countries regard the reasoning part of criminal judgment as its soul all the time, they think that reasoning will not only be able to fully demonstrate the idea of a judge handling the case, but also the entire argument process is opened to reflect the procedural fairness, which the judge according to law, use logical reasoning and life experiences, evidence admissible under the rules set. The author believes that the status of Chinese Criminal Judgment is not optimistic, but also has some worrisome aspects, format, simplify, the prevalence of strong administrative color, lack of reasoning and argumentation are all impeding their proper function of judgment. China can learn from the advanced countries, the practice of case law and judicial practice in our country, to clear procedural fairness based on the value of the criminal proceedings, to strengthening criminal judgment and reasoning of the specific measures, interpretation the former, and reasoning in after, to make criminal judgment has the spiritual essence of the modern concept of justice.