Research On The Reasons Of Verdict

Verdict is the legal act, which subject of legal relationship in litigation, the judicial institution carries out, and occupies the core status in the interactive behavioral system of the legal relationship in litigation. If the litigation leaves verdict, it will be meaningless, solving the conflict will be impossible. ”as the important part of verdict,the reasons of verdict is the core and soul of the judgment”,” is the bridge between the judgment fact and verdict”, and is the only way to verdict, which has very important value between theory and judicial practices. In this paper, the main entry point is the historical changes of Chinese reasons of verdict,.The first chapter combs and analyses the premise of ratio decidendi, namely the form of the judgment. If it is the skeleton, the ratio decidendi is its soul. A written judgment should be both form and spirit to meet the requirements of the tight logic and reasoning thoroughly and embody the legal rationality and the requirements of judicial justice. At the same time, focusing on the analysis of the style of the judgment and judgment structure, firstly analyzing of judgment structure and elements of the relationship between the number of elements contained mutual confluence, inducing the judgment structure on the influence of the ratio decidendi, then emphatically analyzing the cause of the judgment of distinctive style and the function to form ratio decidendi.The second chapter focuses on reviewing historical and extraterritorial considerations. Reviewing on Chinese ratio decidendi mode,it can be divided into start-up period, development period and mature period, and narrate new situations in modern times. From ancient to modern times, the historical changes process of Chinese ratio decidendi are discussed in detailed description and combing, aimed to outline the trend of Chinese ratio decidendi from the traditional to the modern history. Considering the extraterritorial mode aims to through the in-depth analysis of relevant mature opinion model, and then expounds the specific related factors affecting the formation of ratio decidendi.The third chapter mainly inspects ratio decidendi mode existing in the current major models and factors affecting ratio decidendi mode schema generation. Through the study of China’s judicial documents online public judgment summed up the current our country the judge written judgment pattern, mainly include the fact that, applicable law, moral reinforcement mode and reasonable and Syria and so on. Influence pattern formation reason of complicated and varied, such as the judge’s quality affects the judgment writing level, to judge the level of security will also affect the judge the level of writing is good or bad.The fourth chapter mainly discusses the ideas to perfect our ratio decidendi mode. By the premise of weak and intensity, of the judgment reason to argue for the written judgment to distinguish; Such as for criminal, civil judgment sentence again reason also each are not identical, writing requirements of criminal judgment calls for strengthened reasoning, affection, opinion and method of civil judgment criterion pursuit. Moreover, through the institutional change in order to improve opinion mode, establish the judge public system and incentive system, and the written judgment guiding cases introduction of the system and so on reasons to further strengthen opinion writing. Through institutional guarantee, department, division, two need to perfect our country just weak judgment reason model, it can play a positive role and effect test still to be in the future practice.