A Study Of The Reasoning Of Criminal Judgment In China

Criminal judgment is a legally effective document made by the people's court on behalf of the state to exercise judicial power over the entity of a case through criminal trial activities.It is a real representation of the case handling process and an objective reflection of fair justice.The reasoning part is the "soul" of the criminal judgment,which can play an important role in connecting the preceding and the following.Admissibility of evidence analysis in qualitative reasoning,facts are accurate and applicable law reasons things out the thorough criminal judgment,its value is not only in case the judgement is given to carry out the functions of its program sense,it reflects the judge in line with the case facts,clinging to search process of rationality and justice of the judgment,embodies the spirit of the law and philosophy,embodies the ultimate concern for people.However,there are still many problems in the reasoning of criminal judgment in our country,and some deficiencies need to be solved and improved urgently.The long-term stereotyped form of judgment and the fixed document structure also reflect the finalization and positioning of judgment documents in a period.This paper follows the idea of empirical research,through the collection and analysis of data,in order to find out the current problems in the criminal judgment reasoning link,and then analyze the problems and propose some standardized ways to solve the problems.The main body is divided into four parts: the system constitution of the reasoning of criminal judgment,the overseas investigation of the reasoning of criminal judgment,the analysis of the current situation and reasons of the reasoning of criminal judgment,the reform and development of the reasoning of criminal judgment and the standardization research.First of all,through the description of the constitution of reasoning system of criminal judgment,the concept of reasoning of criminal judgment is analyzed.The basic content which should be included in the reasoning of criminal judgment is analyzed in detail.At the same time,it expounds the practical significance of reasoning in criminal judgment.Secondly,the author introduces the overseas investigation of criminal judgment reasoning.By demonstrating the historical origin of the reasoning of criminal judgment outside the region,this paper expounds the system status quo of the reasoning of criminal judgment in the two countries of law system,advanced countries and the international criminal court,in an attempt to provide reference for the reform and development of the reasoning of criminal judgment in China.Thirdly,the present situation and problems of the reasoning of criminal judgment are studied in detail.Based on the empirical study of the sample,this paper analyzes the current situation of the reasoning part of the criminal judgment,and conducts data investigation and statistics from the perspectivesof evidence acceptance and acceptance,case fact determination,law application and the specific method of the judge's reasoning.This paper summarizes six problems existing in the reasoning of criminal judgment at present,and then analyzes the causes of these problems from three aspects of culture,subjectivity and system.Finally,the reform and development direction of the reasoning of criminal judgment are analyzed in detail.On the basis of the foregoing argumentation and considering the social effects such as operability,the bold assumption of normative research is made,and the idea and system level are put forward to focus on solving the problem of judge's "reluctance to reason".At the legislative and normative level,we should focus on solving the problem of "what is right" of judges.At the technical and operational level,the focus is on solving the problem of "unreasonable" judge.