Shall Reasoning Incentives Study

Writing judgment documents is an important part of trial. It is the symbol of a judge performing his right and the literal body of noting the legitimacy and the rationality of the judgment. In the course of performing judicial reform deeply in China, judgment documents reform is an important part of the judicial reform. Its emphasis is raising the level of reasoning the judgment documents. After a period of time of theory inquiry and judicial practice, the quality of the judgment documents has made rapid progress as a whole. Because of the judicial system and the pattern of the judgments, there are many problems in writing the judgment documents. They are no reasons or not enough reasons in the documents, the logical thinking process of the judgment isn't clear, and judgment documents are always the same. The causes of those problems include subjective and objective reasons. The subjective reason is that the comprehensive quality of the writers is generally low and they can't ensure the quality of the documents, but it is not the essential reason affecting the documents reasoning. The basic reason of this problem lies in the limitation of the objective environment and the related systems behind writing the judgment documents.The systems include the basic litigation system and the related litigation guarantee system. The writer thinks that in order to ensure the litigation to carry on smoothly and availably, to ensure the judges to judge fairly, efficiently and normally, a set of reasoning encouragement mechanisms should be built up to control or encourage the judge's behavior to guarantee the judges to make judgments efficiently, fairly and rationally and raise the conviction of the judgment documents.First, the thesis inquires into the reasoning styles of the judgment documents in two great law system countries from comparative and analytical viewing angle. According to the common defects of reasoning judgments in our country, the writer investigates a series of system factors that affect reasoning judgment documents, then inquires into how to improve reasoning judgment documents by the method of analysing evidence. The writer thinks that corresponding encouragement systems should be set up and perfected stressly to make the judges keep enthusiasm of reasoning judgments, be restrained from corresponding systems and think the judgment documents reasoning as a compulsory duty to raise the conviction of the judgment documents.