On The Reform In Structure And Resoning Method Of Chiese Civil Judgment

Judgment is of great significance in every democratic country.Reason is the core of a judgment.A reasoned judgment with exquisite logic not only can properly settle a dispute,urge the parties to fulfill their obligations,alleviate contradiction,but also can help a country to achieve the goal of legal publicity and education.China has a long tradition of attaching great importance to judgment reasoning.Recently,in the new Civil Procedure Law,the 4th Plenary Session of the 18 th CPC Central Committee Report,the Five Years' Reform Outline of People's Court 2016,and Rules of Making Judgment of People's Court,judge's obligation of judgment reasoning has obtained full attention.These lay a solid foundation for further exploration of the rational method to strengthening judgment reasoning.Chapter 1 researches the direction of the reform in structure of judgment through comparative survey.The structure of judgment is the basic framework of judgment,determining basic elements of judgment.The structure and content which is been scientifically set up can assist judges to straighten out ideas,to compose judgment logically.The reform in the structure of judgment could be implemented in the following three aspects: case classification based on the complexity of a case;the adjustment of the position of outcome of judgment;the separation of fact and reason.By carrying out these reforms,the pertinence and accuracy of reason could be strengthened.Chapter 2 and Chapter 3 mainly discuss the specific methods on reason.Chapter 2 introduces formal logic deduction.Take the fact that Chinese judgment is deficiency of reasoning into consideration,exploring a better way to give reason in judgment.The reason should content the explanation of law choosing;assessment of evidence;interpretation of law and the formulation of fact in legal terms.Chapter 3 introduces deduction methods which are not form logic,including interest measurement,consequentialist consideration,research on the purpose of law,and the application of customs.Chapter 4 discusses supporting measurements of judgment reasoning.Firstly,to strengthen the reasoning of judgment,judges should be capacity for their position,to ensure which,reform in the selection and education of judges is necessary.Meanwhile,to guarantee that judges could accomplish their job better,in the future,providing them with assistant and relief their liability could be considered.Secondly,establishing the obligation of disclosure of discretionary evaluation and interpretation,giving judges more opportunity to communicate with the parities,this will give them a better comprehension on the judgment.Thirdly,to set up a more perfect case guided system,to give more practical guidance on judgment writing to judges of different hierarchies.Finally,through the reform in judicial hierarchy system,distinguishing different functions among court of different hierarchies,enable judges in different hierarchies could reason from different aspects.