A Study On The Reason Of Judicial Judgment

With the development of the rule of law in our country,the requirements of each field of the rule of law are higher and higher,and the personal requirements of the legal workers are higher and higher.Judges,as the last goalkeeper of legal fairness and justice,each year has a large number of judgments from their hands,these judgments not only reflects the court and the judge's understanding of the case and attitudes,but also embodies the legal requirements of the law and the value orientation of the law.Therefore,the status of the verdict is self-evident,and the reason of its decision is its core content,concrete justice and procedural justice embodied.It is clear that the reasoning of the full judgment will promote the justice of the case and the progress of the society ruled by law.Give an overview of judicial reasons.Firstly,the definition of judicial reason is expounded from both common law and civil law.Secondly,the reasons of legitimacy,legitimacy and rationality are described.Finally,the necessity of judicial reasoning is analyzed.Determine the reason and value of its existence.The reason of judicial decision has experienced a long process from birth to development,and different regions have different trajectories.Understanding these trajectories will be helpful to a deeper understanding and study of the reasons.Analyzes the reasons of the judicial judgments,and puts forward some parts of its constitution.This article mainly discusses the legal interpretation and the legal argumentation.The necessity of legal interpretation and the necessity of legal reasoning in judicial reasoning are analyzed,and the methods of legal argumentation are also analyzed in this part.Through these two parts,it clarifies the formation process of judicial reason and its inner logical relation.Analyze the main reason for the extraterritorial judicial review and inspiration.Through the study of some common law countries and some civil law countries on the theoretic and practical results of the judgment,we find some advantages and shortcomings,so as to draw inspiration.Although the two legal systems are different in the concrete form,the argumentation and the development process,with the exchange and integration of the two legal systems,the civil law countries gradually have the characteristics of the common law system.Mainly is about the analysis of the reasons for judicial judgments in China.First of all,it analyzes the evolution of the reason of our judgment from the ancient judgment to the judgment reason in the modern judgment.The modern reason of judgment in our country is the result of a foreign influence,but some requirements in the ancient Chinese interpretation of judgment can also be borrowed.;Secondly,by enumerating a large number of modern judgments,the analysis of the verdict of the reasons for the language,reasoning and demonstration process,a more intuitive reflection of the characteristics of the reasons for our decision.Combine the revelation of the judicial reasons of the different legal systems countries and the empirical analysis of the modern judicial judgments of our country,and to make some suggestions to improve the judicial judgments of our country.From the content of the reasons for the decision to explain the facts and the law should be comprehensive and detailed,the reasons for the uniqueness of the reasons for the judge evidence should be noted and specify the source of evidence,the reasons for the record of evidence to reflect a thorough debate and content streamlining;In addition,from the point of view of the judge,it is required to improve the overall quality of the judges,to establish an effective incentive mechanism and an effective supervisory mechanism.There are three parts in this paper.