A Study On The Judgment Reasoning In China

In 2013 and 2014,the two "decisions" implemented by the Third Plenary Session of the 18 th Central Committee and the Fourth Plenary Session of the 18 th Central Committee of the CPC brought the reform of China's judgment reasoning back into people's field of vision,and their importance became increasingly prominent.In 2015,in the "Fourth Five-Year Reform Outline",the Supreme People's Court reconfirmed the reform of the reasoning of the judgment.In 2018,the Supreme People's Court issued a "guiding idea" to standardize and strengthen the reasoning of Chinese judgments.Whether the judgment can be reasoned forcefully is a new challenge in the new period.The promulgation and implementation of a series of authoritative documents and the increasingly frequent communication at home and abroad make it more and more important to strengthen the reasoning of judgments in Chinese current judicial reform.Based on the current situation of judgment reasoning in our country and the basic national conditions in the new era,this paper summarizes the problems and dilemmas of judgment reasoning in our country through the collection and review of the literature,compare the actual situation of the two major legal systems,and analyze the sample of Chinese judgments,and further discusses the feasible ways to strengthen the rationality of judgment reasoning in our country.The main research contents are as follows:explaining the concept and characteristics of judgment reasoning,through the comparative analysis of the current situation of judgment reasoning in the two legal systems,further clarifying the significance of judgment reasoning for the characteristic socialist China.At the same time,through analyzing the sample judgments collected by the trial courts of the judicial system reform over the years,finding the problems existing in the reasoning of the judgments in our country.Based on the national conditions,making the feasible suggestions clear to strengthen the reasoning of the judgments in our country.The core points of this paper are as follows:(1)The reasoning of judgments in our country has always existed,and it is closely related to social life.It needs to be analyzed and discussed in the whole social framework,taking into account multiple subjects.(2)At present,there are still some defects in the structure of the judgment reasoning :procedural flaws,fact finding and evidence selection do not give reasons,the judge's signature is at the tail.There are still some problems in the content: few cases of fullapplication of legal concepts,unnecessary terminology still exists and logical interpretation is consciously circumvented.(3)To enhance the reasoning of judgments in our country,firstly,in structure,we should not only confine our eyes to the judgment process,but also pay attention to the pre-judgment and post-judgment stages,attach importance to the pre-judgment reasoning and replying after trail system,regard the reasoning of judgments as a dynamic process,and infiltrate the judges' reasoning into every stage of judgment;secondly,in content,we should advocate the rhetoric of legal terms and strengthen the judges' power of legal interpretation.(4)The structure and content of the judgment deeply affect the reasoning of the judgment.To clarify the problems existing in the reasoning of judgments in our country,we should not only focus on the structure of judgments,but also pay attention to the content of judgments.As the text of judgment,the structure and content of the judgment have their unique value for reasoning,which can't be neglected.