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The Referee Instrument Reasoning Problem Research

Posted on:2014-05-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y G HanFull Text:PDF
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In1999, the Supreme People’s Court issued the" people’s court five year reform outline", the magistrate instrument reasoning problem research become a hot. But until today, the referee instruments making quality change limited. In my opinion, there are two main reasons:First, our awareness of the importance of not enough to referee documents; In second, the existing theories can not meet the actual needs. I judge syllogistic structure as the research start, in combination with the outstanding cases, attempts to construct the referee instrument reasoning model.This article from the empirical perspective, with comparative method, historical and logic methods, focusing on" the writ of the intended audience"," magistrate instrument reasoning specific point to" two problems are studied. The full text is divided into three parts, more than19000words.The first part:the analysis judgment on law position of life. The referee instruments undertaken to the collegiate course publicity function, The referee instruments not only is the procedure of product, and program design of end point. The referee instruments bear restrict the discretionary function.The second part:the analysis of our country the reasons of lack of judgment reasoning. In the legal tradition, China belongs to the civil law system, the judgment proof reasoning requires low; From the social reason, Chinese social homogeneity degree is high, the judge there is less need to discuss some in their eyes no problem; On the judicial system, judicial independence in China is not enough, that theory permits the judge had no practical significance. In addition, the author thinks, lack of understanding of the judgment due position in the rule of life, will all the minor details as the litigation activities is also an important reason.The third part:the reform of judgement system approach. The writ of the intended audience, including not only the parties, including the second instance court (retrial) and the community of law occupation. The referee instrument reasoning content, including the legal description of the cross-examination, description, inference and presumed description.The author thinks, the referee instruments for the realization of the rule of law is of great significance. Only in a clear idea of the adjudication document position, to establish a more perfect system.
Keywords/Search Tags:The referee instrument reasoning, Procedural justice, Freeheart certificate, The intended audience, The referee syllogism
PDF Full Text Request
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