The Reasoning Of Civil Judgment

Improving the reasoning of Civil Judgment is not a new issue. People, no matter in academia or in practical circles, have already done considerable researches and discussions and had a marked effect as well. However, if go further into it, we will realize that the essential problem has not been solved. As the saying'Rome was not built in a day.', all insufficiencies in the reasoning of civil judgment are the result of the entire process of Chinese civilization, rather than only decades or hundreds of years. Therefore, to improve such problems, we have to view those defects at a more macroscopic angle and in a deep-going way. In view of the facts, this article finally finds out the direction to which the reasoning of Civil Judgment is supposed to develop during the transformation period by deeply analyzing the track of its inside development and seriously probing into reasons for the pattern formation of international Civil Judgment'reasoning, expecting to improve some existing problems about the reasoning of Civil Judgment.The article mainly adopts the comparative analysis and inductive methods, having the range and function of Civil Judgment' reasoning to be an entry point to clarify that the important position and effect of the reasoning part cannot be ignored. According to the analysis between horizontal comparison inside and vertical comparison outside, we can propose solutions for how to make up deficiency by the surplus in the particular situation of our country.There are four parts in this article, excluding introduction and conclusion:The first part is to elaborate the basic theory of its reasoning, in which the range is defined. Also the differences and similarities in different countries using Civil Law or Common Law on this issue are further analyzed. In addition, it describes the features and functions of the reasoning of Civil Judgment.The second part is to make a comparison between horizontal and vertical perspectives about this issue. First of all, the author looks into the features and reasons for formation of ancient judgments. Then specific conditions and historical causes for this subject in different countries adopting Civil Law or Common Law will be studied. By comparing and analyzing those results above, we can figure out the trend of the development of Civil Judgment'reasoning.The third part is about the reasons and current situation which is not optimistic. The author combines theories with practice to analyze the major problems that exist in the reasoning of China' Civil Judgment and makes an assessment of reasons for them. The predominant problems are simplification, formalization, unitary expression and inflexibility, which are caused by Chinese traditional culture, the lack of relative system and incompetent judges. All these unfavorable factors could not only give rise to potential risks of justice as well as the weakening credibility of the Court, but also be a discordant note in constructing a legal community.The last part is the outlook of the reasoning of Civil Judgment. Considering the other three parts, the author puts forward some macroscopic assumptions on the reconstruction of the reasoning, in hopes of achieving a rational reasoning pattern without deviating from the realities of China.