Research On Distinguishing Between Formal And Simplified Versions Of Criminal Judgement Documents

Distinguishing between formal and simplified versions of criminal judgement documents is one of the important contents of deepening the reform of judicial documents.It is also a reform task put forward in the “opinions on deepening the Reform of the people's Court in an all-round way-the outline of the fourth five-year Reform of the people's Court(2014 / 2018)”and “the guidance of the Supreme people's Court on strengthening and standardizing the interpretation of Judicial documents”.At this stage,distinguishing between formal and simplified versions of criminal judgement documents is still in the embryonic stage of the system,the legal provisions are not perfect and the judicial practice is not in place,and it has been influenced by the "insufficient reasoning" of criminal judgement documents for a long time.As an important reform content of distinguishing between formal and simplified versions of criminal judgement documents,the interpretation of law has developed slowly.From the point of view of dialectical view of the complexity and diversion of criminal adjudication documents,this paper puts forward that the criminal adjudication documents should be based on strengthening reasoning,and the simplified reasoning must be strictly restricted.The standard of formal criminal judgement documents and simplified is focus.The criminal trial procedure is regarded as the direct standard of the criminal adjudicative documents and the degree of confrontation between the prosecution and the defense is regarded as the decisive factor of the criminal adjudication documents.The cases which apply the criminal quick adjudication procedure can choose to apply the simplified adjudicative documents.The application of ordinary procedure to hear cases must be complete document elements,rigorous structure,adequate interpretation of the case,the application of summary procedure and ordinary procedures to simplify the trial of cases can be part of the content of the reasoning simplified;Cases of consensual trial procedure shall be subject to simplified adjudication documents,and adversarial trial procedures shall be applied to cases.Type of adjudication document.In order to ensure the real realization of the diversion of formal and simplified versions of criminal judgement documents,this paper puts forward some thoughts on the construction of the safeguard system of interpretation and reasoning,and studies it from three aspects: perfecting the guarantee system of reasoning,evaluating the system of reasoning and encouraging the system of reasoning.