A Study On The Theory Of Criminal Judgment

As a grass-roots court staff, through the Institute Criminal Tribunal refer to analysis of criminal judgment in recent years, found that most criminal judgments there are the reason of judgment reasoning not sufficient conditions, the reason of judgment reasoning does not fully will make the defendant, the case concerned person and the social public to the verdict question the court’s judicial authority, thus affecting the. This article from the perspective of a grass-roots court judge, in the empirical method, with A City People’s court criminal tribunals3theft criminal judgment as an example, elucidating the specific performance of the reasoning of criminal judgment without good reasons, based on the reasoning defect referee carding, analysis of many reasons behind it, put forward the some of the promotion of criminal judgment entirely reasonable countermeasures, hoping to provide some alternative ideas for perfecting the criminal judgment reasoning.The full text is divided into six parts, following a brief overview of what the six parts. The first part is the introduction, namely, why choose A people’s court criminal tribunals3theft criminal judgment as a case of reason. The author reviewed copies of criminal judgment in recent years, found that the long-standing problem of reasoning of criminal verdict by the magistrate reason is insufficient, various cases have this problem. The final selection of the latest three2014theft criminal judgment is to use the latest case to illustrate the current still remains the judgment reasoning problem of inadequate, and the choice of theft cases, because this paper aims to illustrate the magistrate reason lack of reasoning, not in order to investigate the case itself judgment problem, theft compared with the simple case, more conducive to illustrate the problem.The second part is the court of criminal judgment reasoning mechanism. Mainly introduces the position of criminal verdict.The third part is the analysis of the facts of the case and the reasons for judgment. The final judgment, the prosecution organ from A City People’s court3theft case is introduced and the facts of the case are given the sentencing suggestion, court, magistrate reason reasoning on3judgments on the results of five aspects show3criminal judgments of content. The fourth part is the analysis of criminal verdict, firstly analyzes the argue not fully manifests in four aspects:on the narrative evidence is too simple, the prosecution organ sentencing opinions whether to adopt the description, not ignore defense lawyers published defense opinions and sentenced to the additional penalty of reason for not reasoning. Secondly, from the legal aspects of the three verdict does not demonstrate sufficient reasoning:the lack of accuracy, logical and procedural.The fifth part is the analysis of the causes of criminal verdict is not sufficient, the first from the judicial mechanism analysis, respectively discusses the court before transferred to the file system, court of criminal procedure, the referee writing format effects of current criminal verdict is not sufficient; then analyzes the reasons for the judge to objective and subjective level led to criminal judgment reasoning is not sufficient.The sixth part is to strengthen the criminal judgment reasoning thinking, the author thinks that should from strengthen the integrity of its reasoning and strengthen the criminal judgment reasoning, personalized reform of criminal judgment to strengthen criminal verdict judicial public Internet access, the implementation of the reform of judge evaluation mechanism, strengthen the judge’s professional quality and so on several aspects.