Research On The Reasoning Of Criminal Judgments

Judgment as a litigation document recording the trial activities of judges and laws and regulations is related to both parties' acceptance of the judgment's reasons and judgment results,and it can also be used to explain the law to the public under the current circumstances in which the referee's documents are open to the public.Promote the role of the rule of law.Therefore,the content of the verdict is not only related to the judgment of the referee,but also determines the establishment of the authority of the court,and it deserves the double emphasis of the theoretical and practical circles.However,in contrast to the current judicial practice,the practical problems caused by the verdict are not a few:the parties do not accept the verdict given by the verdict,which in turn leads to abuse of lawsuits,litigation,and affects the judgment of the referee;on the other hand,in the referee In the context of open documents,the formalism of the court's judgment makes people question the justice of the judge and even cause a crisis of confidence in the law.Therefore,how to reform the existing mode of judgment to improve the reasonability of the judgment and the acceptability of the judgment result is a problem that must be solved in the current judgment.Judging from the content presented in the current judgment,judgments mainly focus on "storytelling".Without the necessary legal argumentation and reasoning process,it is impossible to reflect the specific reason for the judgment,and it is difficult to prove the legitimacy and legitimacy of the verdict.This affects the judicial effect and social effects of trial activities.In view of this,the author believes that strengthening the rationality of judgments is an important way to improve the acceptance of judgments and ease the relationship between the people and the people.Regarding this proposition,the Supreme People's Court stated in the"Style of Court Criminal Judging Documents"(trial)in the 1990s that "the current judgment documents do not have reason or reason,and there are no grounds for justifying the reasons.They only quote the law;The principle of applying the law is not clarified.Therefore,the persuasive power is not significant.The most brilliant part of the referee's instrument is the reason part,which best reflects the level of a judge."[See "The Supreme People's Court's Issuing of the Style of a Court's Criminal Judgments"(The third paragraph of the "Notice of Samples"(Fafa[1999]No.12).]Later in the "Opinions on Comprehensively Deepening the People's Court Reform," important instructions were given for "enhancing the reasoning of the referee." However,the problem has so far not been effectively implemented,and the resulting negative effects have also become commonplace.We urgently need to refine and improve the rational model of the existing judgments.Given the high degree of social concern in criminal cases,and the fact that criminal judgments directly involve limitations and deprivation of human life,liberty,and property,to some extent the rationality requirements of criminal judgments are higher than those in other types of cases(decisions The justification of the grounds and the verdict of the verdict is essentially a full argument for the deprivation of the defendant's rights.Therefore,this article only conducts research on rulings based on criminal lawsuits,aiming at the current status and insufficiency of criminal judgments.Try to discuss.As a sensational case,Yu Juhua's two-grade judgement statement fully exposed the basic state of the theory of criminal judgments in China and its problems.The basic principles of criminal judgments include the conviction principle and sentencing theory,which have the functional value of realizing the role of judges,increasing the admissibility of judgments,ensuring the realization of procedural justice,and legally restricting the discretion of judges.The theory of criminal judgments is first established on the basis that the subject of the argument is legal,the content is legal,and the procedure is legal.At present,in China's criminal judgments,there are widespread abuses of reasoning,non-reasoning,and non-reasonable arguments.The reason is that there are both institutional obstacles and subjective factors of lack of judge motivation.In the current context,the institutional path for improving the theory of criminal judgments in China mainly consists of constructing incentive mechanisms for enhancing judges' ability to govern and reasoning,and dicussing case reasoning systems,post-judgment systems,and guiding case systems.Efforts are made to strengthen legal argumentation and improve legal methods.