Theory Of Criminal Action Judge Reasons Things Out

" Law makers so Hing Power fear violence, law makers so settle dispute, make person so that the governor also". The pursuit of the original purpose is to settle disputes, to the development of the rule of law in modern society, the judicial aim is just judges by giving judgment to redefine the rights and obligations between the parties relation. Therefore, a judge sentences behavior is the most important factor affecting judicial effect, this partial terms in continental law countries is obvious. However, only the judgment result correctly is not enough, he must also be fair and reasonable people easy to understand. The judge must also be open to the public for its decision, judge" say" and" how to say" is aslo important. Because the parties legal knowledge is limited to understand profound legal provisions, they will vent on the existing legal system, to resist the execution of judgements, the appeal petition, and even violence anti-method event. Conversely, if the judge can explain in detail the judgment of facts and reasons, move him, not only explains how law is prescribed but aslo explain the reasons, so that the parties can agree with its judgment, judicial decisions can be observed, but also can resolve the dispute. Strengthen justice reasoning is an important means of enhancing judicial efficiency.The author is based on the importance of the judge reasons things out the full understanding, just do this topic selection, hope that through this paper to draw more the judge for reasons things out the attention, also for the judge in this how to provide some Suggestions reasons things out. Full text is divided into four parts:The first part mainly narrates the general theory of justice reasoning principle, including the concept and value of the argument. The reasoning is divided into judicial process reasoning and judgment reasoning, means that judges in judicial judgment must be given the reason. A judge who has value in many aspects, not only can promote the entity justice, procedure justice can promote, in saving judicial resources and enhance the credibility of the law are of great value.The second part is the main content of the foreign law comparison of reasoning. This article from the continental law system and Anglo-American law system to judge the reasoning style and form reason proceed with, the two law judges reasoning were compared, on the basis of foreign judges whether the enlightenment to our country.The third part mainly elaborated our country to judge whether the existed problems and its reasons. Judge whether the main problems existing in fact, law application and reasonable decision making. The reasons are not only the traditional factors, there is also the judge’s own reasons.The fourth part proposed consummates our country judge reason countermeasure. According to our judges reasoning problems, put forward to advance the reform of judgment documents from aggrandizement lawyer, judge argument role, strengthen the judge’s occupation moral construction three aspects to enhance the reasoning.