Research On The Problem Of Explanation Of Law Application Of Criminal Judgment

The reason of application of law is an important content of judgment reasoning,which is made of conviction for legal reasoning and sentencing for legal reasoning.It is the explanation in the process of solving the problem of conviction and sentencing on law.In the practice of law,most criminal judgment are too simple on the reason of application of law,and this lead to the lack of whole judgment reasoning and low acceptability.Over the past ten years,the problem of judgment reasoning has not been improved.The study from the aspects of the reason of application of law is not only the innovation of research Angle,but also the specific of the problem of judgment reasoning.Besides,it can improve the explanatory of judgment reasoning.This study is benefit the current judicial reform.The Analysis analysed the problem of application of law reasoning depend on three real judgment.There are problems on the application of the legal reasoning in three copies of judgment.Specific performance is different.In conviction,the problem is lacking of displaying and interpretation on law,lacking of analysis on other charges.In sentencing,the reasons on application of the principal punishments is insufficient,the reasons on application of the supplementary punishments is extremely few.The reasons that trigger the aforesaid problems including inner and outer.The inner one is the reason about the judge,which includes two sides.First,The judge are not realize the scope of the audience on the application of law reasoning,and the needs of everyone.Second,the judge have not give full play to the effect of the analysis of legal interest on the application of law reasoning when they are using the law.Specifically,they have not realized the effect of the analysis of legal interest on affirming guilty or not,this charge or other charge on conviction,and the effect of the analysis of legal interest on affirming the extent of sentencing.The inner one is the analysis that based on the environment of the application of law reasoning and the system level,where the judge is being.The former one includes the influence,which is aiming at the judge,of soft-sentencing concept,and the current mode on conviction,and the independence of judge.The latter one includes the lacking of incentive system on the application of law reasoning,and the limited effect of guiding of legal instrument.The problem,lacking of the application of law reasoning,is the combined action of above-mentioned reasons.The author puts forward suggestions to perfect the explanation of legal using of judgment from front and side on the base of the above analysis,which combined the overall background of judicial reform.The front suggestion is building the new mode of the application of law reasoning,which start with clarifying the constitution of the application of law reasoning on conviction and sentencing.The side suggestion include the following: improve the constraint on obligation of legal using explanation rigidly by lawmaking;establish the evaluation mechanism of explanation of law application;make the mechanism of answering on judgment more better.