Positivist Study On The Explaining Of Judgment Reasons

With further development of judicial reformation, the judicial system is to accelerate the pace of the judgment documents reformation, and to improve the quality of referees instruments especially the quality of verdict is an important part of the reform of the judgment documents reformation. Judgment should not only strive to draw the conclusion of justice, but also should protect the rights of litigants in the course of the proceedings. Judgment should be based on the explanation of reasons for decision. The decision can be proved that it comes from a rigorous demonstration but not arbitrary discretion. We can say that the explanation of the judgment is not only the way for realizing justice but also a part of justice itself. Our criminal procedure law do not stipulate how to write the explaining of judgment reasons. Our civil procedure law do stipulate the content of a verdict, but it do not distinguish the simple case, the ordinary case and the difficult case. This leads to that the level of the explaining of judgment reasons in our country is far behind other countries. The purpose of this paper is to do the practical research on the explaining of judgment reasons, so as to find the problems and deficiencies of the explaining of judgment reasons. On this basis, this paper try to analyses and find the means to solve these problems.This paper is divided into five parts:the fist part is to introduce the routes on the explaining of judgment reasons,including deductive reasoning, substance reasoning and legal interpretation.Although syllogism has been criticized by many people, it is still useful, and even irreplaceable in legal argumentation, especially in the internal justification. The second part is to introduce the acceptability of judgments. As evaluation standard of the explaining of judgment reasons, the acceptability of judgments will reflect the situation of the explaining of judgment reasons. The reason is purpose of the explaining of judgment reasons is to persuade the parties to accept the judgments. The third part will do the practical research on the explaining of judgment reasons, which is on the basis of the existing judgments and statistics over the years. Chinese reasons of judgment still have problems and deficiencies, and the fourth part will discuss this aspect. Taking one with another,there are mainly three problems and deficiencies. First, judges do not analyze the truth all-around. Secondly, they do not clarify how to apply norms.thirdly, the explaining of judgment reasons is too abstract. The fifth part of this paper will try to find the the means and suggestions to solve the problems and deficiencies. Improving the legal provisions about the explaining of judgment reasons and detailing the requirements of the explaining of judgment reasons will be the most direct and effective measures. At the same time, improving accountability system and setting stimulating system will be the most effective security.