Research On The System Of Criminal Judgment Reasonable

Criminal judicial documents are the social public window on the part of the court,demonstrating the handling capacity of judges.They are the most immediate reflection of the quality of judicial work.They are also an important rule to measure the fairness of judicail activities.As an important part of criminal judgment,reasoning is the bridge between the facts of the case and the results of the referee.In practice,constrained by such external factors as the lack of related systems,and excessive tightening of case handling time,and under the influence of multiple factors,such as the inadequate ability of judges and obsolete ideas,the judge will often ignore reasoning in the writing of judicial documents or the contents of reasoning is incomplete,steoreotyped or lack precise objectives,resulting in a situation where the concerned person finds the criminal judicial documents unacceptable and the society does not approve these document.The paper was mainly written by means of case analysis method,comparative analysis approach and literature analysis.It took Nie shubin case for instance,through the comparative analysis of the difference between the first instance and second instance about the Nie shubin case,exploring the lack of reasoning in criminal judicial documents in judicial practice.Affected by the pressure of the social public opinion and practical case handling and the lack of institutional norms,which has led the judge to be afraid of reasoning and not only have no time to reason but also be unwilling to reason.If we want to solve the phenomenon fundamentally that the criminal referee documents are not reasonable and unreasonable,we should not only strengthen the construction of the reasoning system of criminal judgment documents,update the judges' inherent thinking concept,perfect the mechanism and perfect relevant legal systems,but also create an external environment for judges reason.At the same time,we should start from the inside,strictly select and strengthen the training,improve the judge's own level,and cultivate the judge's ability of reasoning.