Feasibility Study On Judges Scientific Argument Of Judicial Documents

From the perspective of the trial practice in China,there are many problems in the judgment documents in our country,such as insufficient reasoning,insufficient interpretation,insufficient logical argumentation,listing of evidence and filling in the template of judgment documents.In the past,due to the underdeveloped media,the speed of information dissemination is relatively lagging behind.Therefore,the judgment documents lack reasoning and argumentation,and the social impact is not obvious.But with the development of science and technology,the spread of information becomes very easy.It is also in the context of great changes in The Times that the judge's reasoning methods are mostly unchanged.Most judges still use a simple list of evidence,a simple list of legal provisions,and finally a simple judgment.As a result,some judgment documents with strong public opinion and great social influence are spread on the Internet.These argumentation insufficiency,even the argumentation content has the wrong judgment document,has brought to the judicial authority the not small influence.In 2018,the supreme people's court issued the guidance of the supreme people's court on strengthening and standardizing the interpretation and reasoning of judicial documents.The opinion further requires judges to build a "bridge" from the law to the hearts of the public when judging cases.And this bridge looks from abroad experience is judge document "argumentation of reasoning".This paper is based on this thinking.In the context of social transformation,what kind of judgment documents do we need? What are the requirements for judges in the judgment documents of scientific argumentation? What legal principles should be implemented in the judgment documents of a judge's scientific argumentation? What kind of system guarantee does the system need to provide for the judge's scientific argumentation judgment document?This paper is mainly composed of four parts.The first part is about the necessity of judging documents from several aspects,including the requirements of The Times and the rule of law,the requirements of laws and regulations,and foreign trial experience.Three aspects discuss the necessity of the judge's scientific argumentation of the judgment document.The second part mainly explores the practice requirements of judges scientific argumentation of judgment documents.Mainly from three aspects to discuss,respectively from the reasons for the judgment and the judgment process from the perspective of scientific argumentation of the judge's document requirements;The second aspect from the judgment result looks at the scientific demonstration judgment document to judge's request;The third aspect is from the judgment document overall view the scientific demonstration judgment document to judge's request.The third part mainly discusses the feasibility of the judge's scientific argumentation.It mainly includes the argumentation techniques of the judge to highlight "basis" and "criterion" in the judgment documents.It also includes that "taking facts as the basis and law as the criterion" is the basic principle of judging arguments.The cognitive path from case fact to legal fact;From the legal text to the determination method of the judgment norm;"Fact" and "law" of the "vision of the circulation";There are five aspects of traditional and modern argumentation.The fourth part mainly discusses the system guarantee of the judge's scientific argumentation.Based on the current judicial reform in China,the new system should provide a good institutional guarantee for judges to scientifically demonstrate and judge documents.It is divided into five aspects: the complicated and simple cases are separated,the trial-centered system of who is in charge of who is in charge of the trial,the evaluation standard for judges,the professional skill training for judges,and the good practice environment for judges.These systems will provide a reliable institutional guarantee for judges to scientifically demonstrate judicial documents.The law is not enough to act on its own.Laws are made and need to be well enforced.Laws on paper need to be transformed into laws that solve real problems,what is often called "law in action".Making laws on paper "laws in action" is harder than making them.The judge scientific argumentation judgment document,is must on the paper law and the reality case unifies thus obtains the judgment result.Judges should not only implement the principle of "taking facts as the basis and law as the criterion".At the same time,the court should also provide judges with a stable and good living and learning conditions and case handling.So that the judge can be single-minded focus on the resolution of contradictions in the case,in order to build a democratic rule of law civilized harmonious social environment.