The Rational Constraint Mechanism Of Civil Litigation Judgmental Arguments In Our Country

For a long time,the verdict of the verdict seems to have become the “difficulty” of the Chinese courts.The format of the current civil lawsuit is to follow the “Code for the Making of Civil Judgment Documents of the People's Court” formulated by the Supreme People's Court in 2010(after Partial revisions in 2016)Although "Style" put forward specific requirements for the ruling of the Judicial Document,it requires explanation of complex,difficult,new,typical,controversial and exemplary values,and fully discusses the legal relationship with the facts of the case.Reasons,etc.In recent years,a number of well-arranged judgments have also emerged.However,in practical judgments,there are still large sections of evidence in the facts of the judgment,and there are too few cases of linguistic sections.The overall situation is uneven.In the past,the requirements for referees were often limited to the improvement of the self-awareness of the referees.The so-called “public heart is on the chest,and more than one case is the case;honesty is always superfluous.” With the development of practice over the years,people gradually It is recognized that this goal cannot be achieved by relying solely on the nature and consciousness of the judiciary.A set of mechanisms for constraint reasoning must be constructed so that the referees must reason and meet the standard of reasoning.This article elaborates the meaning of the reasoning restraint mechanism from the second chapter and constructs the basis of the rational restraint mechanism in the civil judgment.After clarifying the concept of the civil judgment mechanism,the third chapter explores the necessity of constructing the rational restraint mechanism in the civil judgment.The fourth chapter is based on the investigation of the Judicial Constraint Mechanism in the Judgment of Extraterritorial Judgments,and explores the institutional mechanisms that can be used for borrowing from foreign civil judgments.The fifth chapter is about the construction of the constraining mechanism of the civil Judgment,with a view to making it possible Argumentation has a universal and extensive implementation mechanism.