The Evaluation Index System Of Reasons Things Out The Written Judgment

In 《The Opinions Of The Supreme people’s Court on Comprehensively Deepening The Reform Of The People’s Court》 (that is the fourth five-year reform program of the people’s court), the supreme people’s court stressed that we need to promote the reform of reasons things out the written judgment, perfect the rigid constraint mechanism and incentive mechanism of reasons things out the written judgment, establish the evaluation index system of reasons things out the written judgment, and take the level of reasoning as the important factors for the judge’s evaluation, promotion, and selection. In terms of the supreme people’s court, it is an important step to strengthen the judicial documents of reasoning from implementing the five-year reform program of the people’s court. As an important content of the reform of written judgment, to strengthen the judicial documents of reasoning and improve the quality of the written judgment more and more become the key of the judicial reform and got the full attention of the people’s court in recent years, what’s more, the exploration to strengthen the judicial documents of reasoning is becoming more and more thoroughly in our judicial field. Though, this is the first time to establish the evaluation index system of reasons things out the written judgment in our country, it has its important historical and realistic roots. Firstly, the supreme people’s court has been trying to research and explore the countermeasures to strengthen reasons things out the written judgment and have taken various measures to gain attention of the local court staff, however, the actual effect is counterproductive and the written judgment without reasons abound. The most important reason is that the existing countermeasures is defective and the trial judge has great discretion as the lack of a unified criterion, so most judges will choose less reason or even don’t argue based on a careful consideration. Secondly, it is an irreversible trend to establish the evaluation index system of reasons things out the written judgment as a quantitative evaluation way that aimed at the complex social reality. Finally, because the evaluation index system of reasons things out the written judgment can directly impact on the social reality, it should have sufficient practice at the beginning of the build. The evaluation index system of the written judgment is a kind of evaluation under the rule of law and our country has been much important evaluation practice. In addition, the judicial evaluation index to valuate the local level under the rule of law having been put forward and put into practice can also provide important practical experience. Therefore, it is time to establish the evaluation index system of reasons things out the written judgment at the basis of the sufficient practice. In the context that the level of reasoning in the written judgment is a country’s level under the rule of law, to establish the evaluation index system of reasons things out the written judgment aiming at the controversial, complex and high attention case as the important factors for the judge and court’s evaluation and selection is necessary and essential.In the reform process of the judicial system, when the written judgments are public on the internet, the quality of the written judgment once again becomes the hot topic of universal concern. One of the most effective ways about how to improve the quality of the written judgment is to strengthen reason things out the written judgment. It is the reason that to point to analysis and evaluation of objective things. At present, in order to improve this situation that our country legal documents in the quality of the part is not too ideal, especially the judgment, the supreme people’s court issued 《the notice about printing and distributing the court criminal litigation document style》 (sample) on April 30,1999, promulgated 《the opinion on strengthening reason things out the procurator legal instrument》 (try out) on August 9, 2011, issued 《the style of the people’s court for bankruptcy legal documents》 (try out) on October 13,2011, and issued new judicial interpretation along with further changes to the criminal procedure law in 2012 at the same time to enhance the judgment of reason. The judicial documents Style issued by the supreme people’s court and the method about the quality examination and supervision made by the local people’s court stipulate the measures to strengthen the judicial documents of reasoning. There are not detailed and clear rules or regulations to urge the judge to strengthen reason in the written judgment, in consequence, the judge tend to ignore reason in the written judgment. Aiming at this situation, the experts put forward their counter-measures. After the comprehensive analysis, the countermeasures they put forward are macroscopic, and its effect is limited to strengthen the reasons things out the written judgment. To effectively strengthen the judicial documents of reasoning, the strong operability countermeasures must be put forward. In this paper, by investigating the status and the necessity about reasons things out the written judgment, I attempt to put forward the static evaluation system and dynamic evaluation mechanism in view of the reasons things out the written judgment, and perfect the legal related evaluation index combined with the judge, experts and social public feedback on the evaluation index system in order to effectively enhance the reasoning of the documents, promote the reform of the judicial documents, improve the quality and level of the court judge, strengthen the judicial credibility, and make the fair and justice in the form of visible real implementation eventually.