Reasons For Judgment Research

Judgment refers to a kind of legal act implemented by judicial organ assubject of litigating legal relation, which occupies central position in the systemof interactive behaviors of litigating legal relation. Without judgment as legal act,litigation is meaningless and it is impossible for resolution of conflicts by law.As an important component of judgment, judgment reason is the soul of writtenjudgment and the only way to make final judicial decisions.The discussion of this thesis mainly focuses on judgment reason. Firstly,this thesis introduces connotation of judgment reason in our country and valueof judgment reason in written judgment. Then it makes analysis of currentsituation of judgment reason in our country, which indicates that judgmentreason in our country has the following problems. Firstly, it is common thatjudgment reason is not based on sufficient analysis of facts of the case. Secondly,judgment reason does not clarify the appropriate legal norms to be applied basedon the details of the case. Thirdly, judge gives too much judgment on disputesput forward by both parties which has nothing to do with law. All these willcause unfairness of judgment result and occurrence of misjudged case. In thecase of unfair judgment, the litigant cannot accept such result and the public arenot convinced with this judgment, which will lead to endless appeal andcomplaint of one who loses the lawsuit. In this sense, it loses meaning ofjudgment and legislation and affects authority of administration of justice.Therefore, it is extremely urgent to perfect judgment reason in our country. Finalpart tries to attract legal personnel with high-level by improving treatment ofjudge and perfect the judgment reason in our country by enhancing quality ofjudge and construct legal professional community, changing reasonablejudgment reason to rule of thumb, blending legal normative judgment reasonand rule of thumb, etc and finally make judgment reason in our countrycompatible with law, ethics and human relations.