A Study On The Argumentation Of Judgment In The Perspective Of Judicial Credibility

The construction of judicial credibility is one of the important content of the construction of modern socialist rule of law, is of great significance to the modernization of China’s rule of law, establish the judicial authority and the safeguard of social order is an important measure. CPC eighth session of the third and fourth plenary session held in succession and have been successfully concluded, two plenary session held put forward requirements on strengthening the construction of judicial credibility, made a full deployment of deepening the reform of the judicial system, is proposed to improve the adjudicative and pro-curatorial powers, and requirements to ensure the justice, improving the public credibility of the judiciary. This marks a new round of the peak of our judicial career.However, the credibility of the judiciary in the social operation situation is not satisfactory, there are many factors restricting the improvement of the judicial credibility, such as quality problems, judge the social structure, the traditional mode of trial. However, the author thinks that in the final analysis, or the people of the court’s decision reflects a lack of trust, that made the decision of the court is not justice, can not guarantee the interests of the public demands, resulting in the decrease of the degree of belief in law, damage the judicial authority and public trust. In addition, China’s judicial judgments exist inherent defect, which is lack of judgment reasoning, not to conduct a comprehensive reflection of the litigation process, on the admissibility of evidence, the applicable law is not legal argumentation and reasoning, reasoning or universal value and the public view of the conflict, does not reflect the essence of justice. These problems seriously restrict the judgment of the public trust, affect the credibility of the judiciary in the civil building, that the case did not receive a fair judgment. This paper will discuss in this context through the improvement of judgment reasoning, and thus enhance the judicial credibility, deepening the construction of judicial credibility. This paper mainly discusses the problem from the following aspects:The introduction part introduces the research background of this article, elaborated by strengthening the verdict reasoning can enhance the public credibility of the judiciary, the significance of the research, summarizes the research and the public credibility of the judiciary and the judgment of both at home and abroad, to extract the reference value of this paper the idea of writing or discourse, and illustrates the research ideas and research the method in this paper. Only in the basis of these problems can have a definite object in view, in the research and writing. This thesis mainly consists of three parts.The first part mainly expounds the general theory of the public credibility of the judiciary and the verdict. The nature and significance of the basic connotation of the public credibility of the judiciary and the basic value judgment, analysis, and focuses on the analysis of the relationship between judgment and the public credibility of the judiciary, puts forward some suggestions to improve the reasoning judgment documents can enhance the credibility of the judiciary’s point of view, so as to pave the way for the research of this paper.The second part focuses on China’s lack of judgment and reasoning, which restricts the enhancing the credibility of the judiciary. This part is to elaborate mainly lack of judgment reasoning, and from the legal system of China’s historical origin and the Chinese traditional society "relationship network" this two aspects to explore why the lack of judgment reasoning, which is the third part of the judgment reasoning to lay the foundation or the public credibility of the judiciary.The third part is the core and key part of this paper. This part discussed to enhance the credibility of the judiciary through strengthening the judgment reasoning. It is divided into two parts, the first part focuses on the legal method to the judgment which should be used in the reasoning, and on the legal theory analysis method in the actual operation, to lay the theoretical foundation. Reasoning problems in the second part, from the perspective of the public to view the verdict reasoning, is about to complete the task, namely, how to express the specific reason for the public understanding and acceptance, the verdict reasoning to comprehensively, and then establish the judicial authority, enhance the public credibility of the judiciary.Finally is the conclusion part. First of all, this part reiterates the significance of judicial credibility construction, once again pointed out that improving the judgment reasoning is an important way to enhance the credibility of the judiciary is one of the. Secondly, in this paper, combined with the eighteen, third, Fourth Plenary Session of the meeting, open fully completed "issue of the judicial system, judicial independence" to enhance the judicial credibility and build a strong security. At the end of our judicial credibility construction outlook, believe that the judgment reasoning theory in the research, the constant improvement of China’s development, and the judgment of the reasoning in the judicial practice of our country will be perfect.