An Empirical Study Of Judgment And Reasoning System From The Perspective Of Judicial Reform

With the continuous deepening of judicial reform,the formation of judgment theory and its system has been paid more and more attention by the practical and academic circles.Among them,improving the quality of the judgment documents and optimizing the legal reasoning model have become an important part of the reform of the judgment theory system.On the one hand,the judgment document is an important carrier of the judicial process,reflecting the whole process of the lawsuit;on the other hand,the judgment theory system is an important means to improve the judicial credibility.Throughout China's legislative provisions on the judgment theory system,first of all,although the newly revised Civil Procedure Law in 2017 has made detailed provisions on the argumentation part of the judgment document,it is important to unify the document format and production standards.Effectively improve the quality of judgment documents from the legal reasoning model and other content.Secondly,the newly revised Criminal Procedure Law of 2018 also has no provisions for institutionalizing judgments.The judgments in the field of criminal judgments are completely regulated by the judicial organs.This kind of imperfect legislative makes the level of reasoning of China's judgments lagging behind,which affects the level and quality of judicial reform in China to a certain extent,and also challenges the judicial credibility.The purpose of this paper is to use judicial reform as the starting point,to conduct an empirical investigation and analysis of the current judgment theory system in China,and to try to sort out the main problems in the judgment theory system,and based on this,combined with the judgment evaluation standard,the exploratory formula Institutional reform program.This paper will use the system analysis,case analysis,comparative analysis and other research methods to discuss the above issues.In addition to the introduction and conclusion,the paper is divided into four chapters.The introduction mainly introduces the new requirements of the current judicial reform policy for the judgment theory system,and the discussion of the relationship between the judgment theory system and judicial reform in the legal theory circle.The text is divided into four parts:The introductory part mainly reviews the current research status of the domestic and foreign judgment theory system,and explores the research significance,research objectives,research methods and innovations of the judgment theory system under the background of judicial reform.The second chapter is mainly about the empirical investigation and analysis of the current judgment system in China.This part starts with the three aspects:the number of words,applicable law,the evaluation criteria,through the analysis of the substantive elements and procedural elements,combined with the two evaluation criteria to carry out the judgment documents covering 17 cases in civil,criminal and administrative fields.Empirical analysis.The main content of the third chapter is the main problems in the current judgment system of China.On the basis of the above empirical analysis and analysis,it is concluded that the degree of judgment in China at present can be divided into three aspects: the single reasoning direction,the lack of reason for the facts and the lack of reasonable explanation for the debate.The fourth chapter is the reform plan of the judgment theory system proposed by the author according to the above problems.This includes promoting the formatting and openness of the judgment documents from the legislation,continuously optimizing the legal theory model,exploring the establishment of the judgment theory of “simplification and diversion,and continuously improve the supporting system of the judge system”On the basis of summarizing the previous articles,the conclusion part proposes that it is necessary to further promote the practice of judicial practice and optimize the content of the constituent elements.These include the empirical investigation of the judges' selection training system,the enrichment of the substantive procedural elements,and the diversification of the types of cases.It is hoped that under the detailed analysis of the empirical investigation materials,the reform of the judgment theory system will be proposed.Effective measures and programs.