Research On The Explaining Systemof Criminal Judgment Reasons

With the deepening of the judicial reform and judicial openness, criminal judgment problems in our country gradually exposed to the public eye. Among all of them, inadequate judgment reasoning is the key problem and has caused a lot of follow-up problems. The status quo of inadequate reasoning and its causing problems interact with each other and bring many adverse effects to the judicial practice. Criminal judgment should not only draw the conclusion of justice, but also should be established on the basis of the rational interpretation of ratio decidendi. In a certain sense, criminal judgments reasoning is no longer just a way to achieve justice, but the inherent requirement of justice itself.In addition to the introduction and conclusion,this paper encompasses three parts,and about 30,000 words.Research of criminal judgment reasoning system should be based on the concept of "ratio decidendi". In the first part of this article, the article compares and analyzes the two legal systems and the judgment reasons in China. Combined with the reality that our country is in the period of social transition and complex contradiction, the article puts forward its own understanding and definition of ratio decidendi. Then, the article analyzes and demonstrates the audience of criminal sentence reasoning. Different relationships between the audience and the judgment determine their requirements for the judgment and different attitude towards the judgment. In the face of different categories of audience, judgment reasoning shall have different functions that can meet the needs of all parties. The article doesn’t elaborate the function of ratio decidendi as a separate section, but illustrates clearly according to the audience. Finally, the article describes the legal basis for criminal judgment reasoning, which is the value of it.The second part sums up the characteristics of ratio decidendi in two legal systems, and points out its reference to China.The third part discusses the adverse consequences from inside out that caused by inadequate reasoning of criminal judgments, and then focus on the the forming reason of present situation in our criminal judgment reasoning in terms of ideology, system and technology. In the article’s opinion, the forming reason, to a certain extent, can also be regarded as the existing problem in criminal judgment reasoning. Therefore it is not mentioned in the rest of this article.The fourth part is the focus of this article. It makes a lot of discussions in terms of mechanism, technology and other supporting measures. Only by clarifying the rightful place of judgment reasoning in thoughts and ideas can we make continuous improvement on "system approach" and "people approach".