Criminal Justice Instruments Status,Problems And Good Paths Of Reasoning

Legal instruments are important products of judicial activity, with the declared function and persuading function, In practice, most of the legal instruments declaring functions can be implemented smoothly, but convincing feature often for various reasons can not effectively play out. Persuading function needs to be realized by reasoning, reasoning is to connect case facts, legal provisions and judge results of the bridge. Therefore, the arguments are convincing features an important guarantee of effective realization of judicial documents, might be called the soul of the instrument.Reasoning of judicial documents is an important part of the judicial reform. Since 1999, the people's Court of the first five-year reform programme related "improves the reasoning of judgments" requirement now, reasoning practice judicial instruments have a certain amount of progress and change. With the development of the rule of law, judicial documents growing necessity of reasoning, public concern for the justice and higher degrees and request for judicial documents in reasonable depth and breadth to have higher demand.For those related to personal freedom, property rights, even the right to life of criminal justice instruments, the present argument is still not up to the demands of the masses, there are still all sorts of problems. Can be combined with the causes of the incident, the case background, analyze the experience of the accused little of reasoning, analytical reasoning of deeper social causes of crime and judicial opinions are scarce, argue there is plenty of room for further development.This, combined with practical work, this will be the reason:status quo, problems of criminal justice instruments, explore the path of perfecting the criminal justice instruments. This paper consists of four chapters:Chapter I focuses on the criminal justice instruments basic reasoning connotation, type and value. Chapter II, present situation and problems of criminal justice argument, I m in depth investigations on the basis of the County Prosecutor's Office, Court, judicial documents related data analysis, instrument of criminal justice problems in reasoning. The third chapter analyzes the reasons for restricting the reasoning criminal justice instruments, mostly objective factors such as traditions, institutions and their personal belongings. Fourth chapter propose solutions to criminal justice problems of instrument reasoning methods, notably establish a sense of active reasoning, reasoning into criminal justice instruments an important part of the types of instruments, the establishment of property protection, extended reasoning powers and unifying mechanism and reasonable cases distinguish between instrument reason, reflect the appeal of social governance recommendation function, play to the jury in arguing the reasoning of, to publicly promote criminal justice instruments. The conclusion part, the integrated criminal justice instruments reasoning development, role play to the guidelines for the rule of law in the future.