The Reasoning Model And Development Path Of Criminal Judgement Documents In China

Judicial document is a live record of recording the dynamic trial activities,truly reflecting the disputes and litigation requests of the case,and making clear the rights and obligations of the parties.Because it represents the trial results,it also represents the authority and impartiality of the trial.For the parties concerned,the content of a judgment document has the res judicata of the judgment.And for the court,it embodies the authority of the court.Judging from the overall structure of a judicial document,reasoning is its "soul," which not only reproduces the origin and development of a case,but also transforms the details of a case into a clear legal language,and finally maps the facts of the case strictly into the law.The writing of judgment documents is not only a measure of a country's level of legal civilization,but also a benchmark of the degree of national legal civilization.But in practice,there are still many problems in the reasoning of criminal judgment documents in our country.With the acceleration of the process of judicial publicity,the judicial documents of courts at all levels in China have basically been made public online,and more and more people have paid attention to the judicial documents.Especially in some hot cases,the unreasonable or illegible judgment documents,the confusion of legal arguments and other issues make the public question the fairness and authority of the judgment.The formalism of court judgments brings about a crisis of trust in the law.In view of the problems in practice,this paper will collect and sort out the actual cases of judicial documents through empirical research,and find out the specific problems of the current reasoning of criminal judicial documents through data analysis,so as to put forward optimized development paths.Firstly,according to the differences between common law system and continental law system and the social background,and the three core factors of the reasoning of judgment documents:content,method and goal of reasoning,the reasoning model of judgment documents is summarized as"syllogism" standardized model and free reasoning model,and the advantages and disadvantages of the two models are analyzed and compared.Based on the analysis of the characteristics of reasoning in China's judicial documents,we can conclude that the reasoning in China's judicial documents is highly similar to the standardized model of "syllogism".Combined with the sample analysis,three main problems of reasoning in China's judicial documents are found:lack of reasoning,inadequate consideration of reasoning,and inadequate reasoning of legal interpretation.Secondly,it combs the system origin of reasoning in criminal judgment documents,points out the significance and elements of this reasoning,and clarifies the standard for this reasoning.Corresponding to these standards and system requirements,the sample of judgment documents is sorted out and summarized.This paper mainly makes statistical analysis on the level of court,trial level,reasoning of judgment conclusions(including conviction and sentencing),responses to the opinions of the parties,and the overall structure of reasoning.It is found that the level of judges,the type of cases and the level of trial affect the reasoning effect and quality of criminal judgment documents to varying degrees.Finally,it puts forward the development paths of optimizing the reasoning of judgment documents.Combining the abstraction model discussed earlier and the concrete problems reflected in the data conclusions in practice,this paper puts forward some reform directions and development paths to solve the above problems.Mainly put forward a number of normative system improvement measures,such as the assortment of simple and complex judicial documents,the perfection of judicial responsibility system,and the materialization of court trial.