The Research Of The Verdict Reasoning Between The Mainland And Taiwan Area

In this paper, through the angle of view of the "Chen Shuibian"case,we try to clear the verdict reasoning culture in our mainland of China.In the purpose of curing the desertification phenomenon of verdict Reasoning culture in the Mainland of China, we need to think about how to use the example of the Taiwan Area as our reference to explore the cultural journey of reasoning. When we have seen the scenery all the way,whether we can regain those beautiful scenery we have lost or not. After the discussion on the traditional oriental culture and the contrast between the traditional oriental culture and Western culture,we can get a conclusions that we should learn to Taiwan Area to rational reflection after the highly developed society in the rule of law, which is the rule of law has not dissipated with a good combination of the traditional culture.This paper will be divided into six parts:Partâ… :sum up the verdict reasoning cultural characteristics in the Taiwan Area to determine perspective in terms of literary grace, reason and function.Partâ…¡:research the origin of the reasoning culture of Taiwan Area. Through the river of the history,we can see the reason why the traditional culture of Taiwan's civil society are not yet in decline.Even in today that rule of law has highly developed,Taiwan Area are inclined to behave as a guide to its folk customs after the renovation and rethought on the judicial theory.Partâ…¢:expound the main problems in China's mainland verdict reasoning culture. Find out the gap and the similarity between Chinese mainland and Taiwan Area in the verdict reasoning cultures.Partâ…¤:choose the reasonable path to renovate the verdict reasoning culture in our mainland of China. We need to explore the ancient culture of Emotion-based reasoning which can be adopted for fostering the recent contemporary culture of Reason-based reasoning so that the latter is assisted by the former. Construction the material system and measures in the field of the verdict reasoning culture in our mainland of China. In the aspect of software-"person",we need to foster the accomplishment of judge and guide the tendency of reasoning function in order to achieve reasoning culture of "personal" meaning. In the aspect of hardware-"system",we need to the improve the relevant proceeding system,reform the management system of judges, establish the the guidance system of the case rule and perfect the mechanism of incentive to implement the reasoning culture.Above all, our study allows us to understand that we must attach importance to the traditional eastern culture which is implied in Taiwan Area's verdict besides sturdy the West in order to to absorb from the soil of the good elements of society to comply with the Mainland of China and to solve the existent problems. After all,it is a useful way to explore. However, the future is bright,the process is devious.It deserve us to contribute all our emotions and strengths to pursue it.