On The Reform Of The Criminal Verdict

Usually the functions of People's Court are to examine the facts andevidence of the case according to legal procedure and then to make a fairjudgment. Hearing is the prerequisite, sentencing is the outcome, while paper ofjudgment is the carrier of such sentence as well as the record of the trial process. Itis the terminal and embodiment of courts' exertion of their jurisdiction by a seriesof litigation activities. The reform of written judgment is an important part of thereform of court's trials modes. It plays an extremely important role in improvingjudge's ability of writing judgments, enhancing transparency and publicconfidence and realizing judicial authority and civilization. As viewed fromtheory and practice, this thesis expounds the sentence reform thoroughly andcarefully by applying the methods of comparative study and induction.The development of modern criminal prosecution requires thecommunication between the legal professional community and the public,improvement of the acceptability of the judgment and revealment of judge'srationality. To achieve these above goals, it depends on the continuousdevelopment and perfection of the entire judicial environment and the legalsystem. At the present stage, the author considers that strengthening the ratiodecidendi in the written judgment may partially satisfy the above goals. Inspiredby two practical cases, this article tries to point out the main questions of ourcountry's criminal paper as follows: 1.The mystification of the adoption ofevidence; 2. Sudden recognition of the facts; 3. Opinionated conclusion; 4.Insufficiency of legal explanations. Analyzing these above problems, such as theover emphasis of substantiality while ignoring the importance of procedure,unsatisfactory quality of the judges, the defect of judicial authority operation andso on, the author is inclined to regard the aforesaid problems as the reasons whythe judgmental paper of criminal sentence is still need improving.The status quo of the court decision is still far away from the requirement ofpresident Xiao Yang, who put it in: "make the court decision to be the carrier ofjudicial justice, court civilization and judicial authority." It's necessary and urgentto improve the present written judgment. Therefore, the author tries to give the following suggestions under the guidance of modern judicial ideas namelytransparency, justice, standard, efficiency. We should guarantee the followingaspects: 1. To enhance the reasoning of the court decision by increasing relevantanalysis for both evidence and fact question.; 2. To make sure that fully reflect theoverall picture of the case trial, the debating content and basis of both theprosecuting and advocating party, strengthen the narration of the fact, for thepurpose to improve the openness of the court verdict. 3. To improve the efficiencyof court verdict by separating complicate cases from simple cases as well as casereport from court verdict. In order to improve the quality of paper of sentence, weshould not only accomplish above three points, but also solve three followingproblems: 1.To change the traditional idea of laying stress on case report insteadof court decision by paying more attention to the making of court verdict. 2. Tochange the current system of the adjudicative organization and to progressivelyrealize the principle of independence of judge; to reform the court's personneladministrative structure and improve the whole quality of judges' team. 3. Toperfect the litigation system and deepen the adjudication method reform; to set upcheck and rate systems of both court verdicts and judges; to set up court verdicts'disclosing system to strengthen their transparency and public trust.Certainly, improving the paper of sentence, just as raising the quality of theadministration of justice, is a progressive course. It depends on the perfection ofthe whole legal system, the reform of relevant systems. The author is deeplyconvinced that, with all judges' persistent efforts, the paper of sentence canunquestionably become "the carrier of court's civilization and judicial justice."...