Judgment Grounds Functions And Perfect Way

Sentence is a final conclusion by a court of the people , judging to the entity problem in the litigation in the name of court of the people according to the fact, details, proof and the law. A statement of a normal sentence should try hard to attain to describe definitely and completely giving a very clear and tight reason and an accurate argument , thus having a very strong conviction . This will beg a court to go into detailed sentence basis or reason in the statement of sentence.The definition of the function of sentence reason refers to the social function. of verdict by a court of the people.According to the domestic and international theories and the fulfillment , sentence reason has the following functions:the function for unscrupulously checking and supervisioning, the function for argueing guaranteeing, the function for open assurance , function for supporting independence, the function for increment to accept, the function for wrong judge to guard against, the function for antinomy filtering, the function for presenting the real results , the function for well concidering resort , the function for publicizing legal system , the function for conveniently directing, the function for character promotion etc..Comparing with two greatest methods, the contemporary judicial decision of our country is simple , direct and serious enough; but short of argument with characteristics ;The key problem lies in lacking expatiation and argument with law for the taking or rejecting of the proofs and facts, thus making judicatory publics shortage.In order to perfect sentence reason of our country court, owing to our country practicing court independence rather than judge's independence, in the meantime, considering our country lacking the tradition of judicatory highest position, thus not having risen onto the rationalizational degree of the society requests, therefore, in order to enhance verdict effect in the court, currently we can body the unifying way of the whole authoritarian color, but not easily now displaying the concrete rift of internal opinion in the verdict. But we should study the dialogue-argument type system of British and American methods to judge a way in sentencing a contents creation, strengthen the reasonableness of judication. The Supreme People's Court in《Clerk's Style of the Court of the People Litigation》requests:"Try hard to make the system while saying reason very clearly, logic tight, invulnerable. Notice using legal terminology, and try hard to make the language refine. " This requests may make the statement of verdict style close on the language with France of the statement of verdict , but the writer thinks this fits for our country realistic circumstance...