Civil Judgment Paper:the Carrier Of Judges’ Decision-making

As the carrier of judges’ decision-making and the reflection of judicial organs’ exercising judicial authority on behalf of the country, Civil Judgment Paper shows the fairness and justice of judicature. Three Reforming outline of the people’s court in five years have been issued since1999; meanwhile, focusing on the existing problems in judicial system, Supreme People’s Court has deployed systematic measures for reforming. Though design level of Civil Judgment Papers has been improved greatly, many problems which may contribute to wrong decisions easily still exist. Such problems are resulted from the illegimate interference of illegal decision-making judges during the trial process. However, it is impracticable for individual judges to react with bruising confrontation within the present political and judicial system. Thus, the author’s point is that Civil Judgment Paper should become the carrier of judges’decision-making.This paper consists of introduction and four chapters. The introduction is about the confusions resulted from dreams, which helps to induce the author’s point. Chapter One is the Introduction of Civil Judgment Paper. It defines and introduces the definition, function, characteristics and structural mode of civil judgment paper. Among the above, characteristic and structural mode is mainly illustrated:header, factual part, judicial opinion, body and end part of judgment. Chapter Two is the Introduction of Judges’ Decision. In this part,the author analyses the relevant knowledge of Judges’Decision, defines the concept and subject of Judges’Decision and summarizes its characteristics. The emphasis is on the subject part. Chapter Three is Current Situation of Civil Judgment Paper. In addition to summarizing the achievements of Civil Judgment Paper reform, the author also analyses the reasons and problems. Except quality factors of judges, illegimate interference is the right reason that leads to problems or even wrong judgments in judgement paper. However, it is challengeable for judges to fight against illegimate interference within the present political and judicial system. Otherwise, they will be like disposable chopsticks:settle a lawsuit legally, then be frozen, or even be transferred. Since the cost is too great, judges’ decision can be presented in civil judgment paper. Unreasonableness, shown clearly in the judgment, therefore can be criticized by legal scholars and reporters. Thus, unreasonable illegimate interference will not exist in civil judgment papers. This is the author’s last resort. Chapter Four is that Civil judgment should represent judges’ decision. The author first elaborates the forming process of judges’ decision as result of judgment, and then seperates the complicated cases from simple ones. Concentrating on the structural mode:header, factual part, judicial opinion,body and end part of judgment, the author analyses judges’decisions one by one.