Research On Judgment Reasoning About Denialing The Defense Opinions

We can infer that a judge treat the defense opinions prudently if he adopt the defense opinions or denial it for enough and right reasons.Abundant judgment reasons can not only reflect the professional ability of a judge,but also can be a symbol of respecting and protecting human rights.We chose the criminal judgments of the first trial as the sample and analysed the judgment reasoning of denialing the defense opinions.The result of the empirical study can reflect the objective reality of the judgment reasoning about denialing defense opinions.Thus we can find the problems of judgment reasoning and put forward the countermeasures to deal with the problem.This article is divided into six parts,about 28000 characters.The first part is the introduction of judgment reasoning about denialing defense opinions.We can divided the reasoning work into two categories,one is called “targeted reasoning”,the other one is called “ordinary reasoning”.Both of “targeted reasoning” and “ordinary reasoning” are important and necessary.The second part is the discussion about the necessary of judgment reasoning about denialing defense opinions. Judgment reasoning about denialing defense opinions is the reflect of program participation concept,it is conducive to restrict the discretion of the judges,is in favor of the parties' complying with the judgment. Is conducive to enhance the legal awareness of citizens, establish public faith in the law.The third part is the analysis of judgment reasoning about denialing defense opinions in the verdicts which were written during 1996 to 2001,2001 to 2005 and 2005 to 2010,The research shows that the proportion of judgment reasoning about denialing defense opinions are gradually improved over time.But there are still exist some problems which include judgment reasons are insufficient and highly summarized, logical reasoning is simple,blunt words and the wrong interpretation of the law,etc.The forth part is the analysis of judgment reasoning about denialing defense opinions which the judges did in the year 2013.Statistics shows that the proportion of judgment reasoning about denialing the liberal defense opinions which were decidedaccording to judges' judgment is 69.44%,the data of judgment reasoning about denialing the legal liberal defense opinions is 92.74%,the data of exculpatory or misdemeanor defense opinions is 92.77%.the data of procedural defense opinions is 66.67%.After comparing,we find that the situation of judgment reasoning were improved more or less after the Criminal Procedure Law became effective.Mainly in the increasing ratio of judgment reasoning,the reasons are more more fully and more targeted.But there are still exist some problems which include lacking of legal interpretation,the reason of fact-fingding is inadequate and the ignorance of judgment reasoning about denialing the sentencing opinion.The fifth part is the analysis of the courses of the problems about judgment reasoning.First of all,there is still a lack of driven mechanism that can drive the judges to reasoning.Secondly,the ignorance of judgment reasoning about sentencing opinions result from the deep influence of conviction centrism in our country and a lack of clear regulations about standard of proof of sentencing fact and the distribution of burden of sentencing proof.Besides, the poor quality of judges and the unfounded and general defense opinions also can result in various kinds of problem.The sixth part is the introduction of strategies about improving the situations of judgment reasoning.According to the problems and courses, I think the key is to build a mechanism that can drive the judges to do the judgment reasoning prudentially.Secondly, pay attention to judgment reasoning about denialing sentencing opinion.Finally,improving the professional quality of judges is a way to strengthen his ability of judgment reasoning.