Rational Judgment Says Research

Deeply influenced by the "law" thought, our judicial system showed obvious characteristics of the continental law system, resulting in China’s case judge has not formed the system, even the judgment whether to need reason in the long-term debate. We believe that, under the current judicial situation of our country, judgment reasoning need justification, institutionalization. Because on the one hand, the reasoning of the judgment is a way to judge the public exercise of power, a kind of choice is also the judge self protection; on the other hand, the reasoning of the judgment is one of the fundamental requirements of modern judicial functions, try to pass judgment reasoning to make the parties from the heart "judgment" target. Judgment reasoning is the basis of proper judgment that the logical premise of rational research. Through the analysis, the author thinks that should be further emphasized in the case judge, and then analyzes the present situation of our judicial practice lack of verdict, reason to dig behind it to propose that the rational suggestions to improve our judgment, hope to achieve from the "irrational" decision to judgment "reasoning" reasonable change.