Study On The Reasoning Of Defence Opinion In Criminal Judgment

The reasoning of defense opinions in criminal judgments is the necessary explanation and argumentation for the factual determination.evidence acceptance and law application involved in controversial conviction,sentencing and procedural defense opinions,and it is an important manifestation of the implementation of criminal ule of law,the display of judicial credibility and the prevention of crime.Through empirical research,this paper takes the criminal judgments of J City.S Province,in China's Judicial Documents Network from 2014 to 2017 as research samples,makes statistical analysis on the presentation and reasoning of defense opinions,tries to reflect the objective and real situation of our judges' reasoning of defense opinions,find out the problems existing in the long-term the reasoning of defense opinions in criminal judgments,analyze the causes of these problems,at the same time,draw lessons from the experience of foreign defense opinions reasoning.and finally put forward countermeasures to strengthen the defense opinions reasoning of criminal judgments in China.In addition to the introduction,the text is mainly divided into four parts.The first part is an overview of the defense opinions of ciminal judgments in China.Firstly,it clarifies the basic meaning of the "full" reasoning of defense opinions and explains its connotation;secondly,it introduces the basic forms of defense opinions reasoning.Currently,China's criminal defense includes "innocent or misdemeanor defense","sentencing defense" and "procedural defense".Based on the above three defense forms,it produces "innocent or misdemeanor defense reasoning","sentencing defense opinions reasoning" and "procedural defense opinions reasoning".Finally,it analyses the multiple value of the defense opinion reasoning in the criminal judgment,which is beneficial to restrain the judge's discretion and test the legitimacy of decision-making,guarantee the substantive justice of the justice of the judgment and the procedural justice of equal prosecution and defense,and has the value of implementing the criminal rule of law and preventing crime.The second part is the cempirical analysis of the present situation of the defense opinions ofl criminal judgments in China.Selecting the criminal judgments of J City,S Province.from 2014 to 2107 as samples in China Judicial Documents Network,the part makes a conerete analysis of the presentation and reasoning of defense opinions.aiming at objectively reflecting the reasoning situation of defense opinions in current criminal judgments in Chiba:through the analysis of the,reasoning situation of defense opinions.there are such problems as inadequate factual reasoning,lack of logical argument.lack of interpretation of major premises(application of law),neglect of the normative interpretation function of legal interests in the application of law.mixed reasoning of statutory sentencing circumstances and discretionary sentencing circumstances.and transfer of prosecution's burden of proof by reasoning,etc..The causes of the problems in the reasoning of defence opinions are mainly from the contradiction between the sentencing within the legal scope of the first instance and the correct sentencing defense opinions of the second instance,judgment is more important than reasoning,China's criminal procedural proof adopts the verification model,the judgment has not yet formed the methodological system of reasoning procedural defense opinions.The third part mainly discusses the foreign criminal judgment defense reasoning reference.Takina the defense opinions of German and American criminal judgments as examplples.this paper introduces the ways and methods of the defense opinions of innocence or misdemeanor,sentencing and procedural defense,focusing on the defense opinions of innocence or misdemeanor in the United States,sentencing in Germany and procedural defense opinions in common law and continental law.In order to form a reference for the reasoning of our defense opinions,we can learn from the innocence or guilty refer to the Anglo-American legal system for the argumentative argumentation of the defense opinion,supplemented by various effective rhetoric methods.As for the reasoning of sentencing defense opinions,we can draw lessons from Germany's compulsory mode of reasoning of sentencing defense opinions,and stipulate that judges should specify the considerations and reasons of judges' discretion in their judgments.The fourth part is about the path of perfecting the defense opinions of criminal judgments in our country.In view of the existing problems and causes of defense opinion reasoning in our country,firstly,we should improve the legal reasoning methods of defense opinion reasoning,mainly from the aspects of adopting diversified narrative methods in fact-finding defense opinion reasoning,enhancing the ability of judges to apply criminal law,strengthening legal reasoning,making use of the normative interpretation function of legal interests,playing the judge's role of hearing evidence,and secondly,strengthen the reasoning of the sentencing defense opinion,show the sentencing process when necessary,improve the sentencing guidance to form a sentencing defense opinion guide.adjust the sentencing structure,etc..Finally,the improvement of procedural efense opinions reasoning should be carried out from the aspects of distinguishing between illegal verbal evidence and illegal physical evidence,and clarifying the relationship between evidence admissibility and objective truth.