Criminal Judgment Reasoning Study

On the basis of the research results of the reasoning system,this paper sorts out the concept of reasoning in judgments,focuses on the evolution of changes in the system of criminal judgments,and sorts out the stages of the theory of criminal judgments in China.It aims to reveal that with the advancement of judicial reform,the reasons have changed.There have been major changes to the qualitative change.This paper divides the development stage of the criminal judgment statement theory system into the reconstruction stage,rapid development stage and new development stage.The first chapter of this article makes clear the relevant concepts and contents of the theory of criminal judgment.The second chapter of this article,the stage of reconstruction of criminal judgments.1992-1998 is a new starting point for the development of the criminal judgment ruling system.The reason is that the publication and implementation of the"People's Court Litigation Document(Style)" provided the basis for the judges'rationalization.It is said that the shift from the reasoning model centering on prosecution and defense to the analysis of facts and evidence increases the sense of reasoning.Although the reasoning at this stage has the limitations of the times,there have also been widely pronounced judgments such as the case of Chu Shijian.The third chapter of this article,the rapid development stage of the criminal judgment.The period 1999-2013 was a period of rapid development of the criminal judgment system.The promulgation of the"Court's Criminal Litigation Documents(Style)"and several judicial documents during this period further emphasized the relationship between the facts and evidence of criminal judgments,more detailed technical specifications,attention to sentencing theory,introduction of case guidance systems,and the appearance of appendices.Legal provisions,post-judgment and other innovative forms of judgement.The fourth chapter of this article,the new period of development of criminal judgments.Since 2014,the opening of the Judicial Document Network has facilitated reasoning research.However,in the current judgment,there are still problems in the fact that the theory of reasoning lacks of analysis and certification of evidence,deviations in sentencing theory,insufficient explanation of procedural matters,combined with the background of a new round of judicial reform,analyzes the lack of legislative norms and the main factors of judges,etc.the reason.The fifth chapter of this paper mainly discusses the improvement measures of the reasoning system.This chapter combines the requirements of argumentation standards of the procuratorial documents and examples of excellent judgment documents in judicial practice.It establishes the standard requirements of reasoning from the aspects of fact determination,legal application,rationality,liberal arts and sciences,as well as complications,etc.,and incorporates the "4th Five-Year Reform Plan"(2014-2018),in which the requirements of judicial reforms in the judgment documents are put forward,and improvement measures are put forward from the perspectives of rational evaluation mechanisms and institutional guarantee mechanisms.