Research On The Reasoning Of Criminal Judgments

With the rapid advancement of the rule of law in all respects,the people's awareness of the rule of law is constantly improving,which also puts forward higher requirements for our current judicial work.Since China began to implement the policy of open access to the Internet for judgment documents,the reasoning of judgment documents has increasingly become a hot topic.Due to the criminal punishment of criminal judgment is more severe,if mishandled,criminal case will lead to the corresponding wrongs,for example,In recent years,the cases of Zhao zuohai and Zhang's uncle and nephew once aroused the public's resentment and panic,which made the parties and the public question the justice of justice.Therefore,the judgment of criminal cases gradually became the focus of public concern.Under the background of this era,it is necessary to strengthen the study of reasoning in criminal judgment.Strengthening the reasoning of criminal judgment,on the one hand,is an important measure to implement judicial openness;on the other hand,the reasoning of criminal judgment,as an important basis to promote the reform of judicial responsibility system,is of great significance to the strict administration of justice,the realization of judicial justice and the advancement of the rule of law reform is of great significance.With the further development of the rule of law reform in the new era,the reasoning reform of criminal judgment has been raised to a new height,but there are still some problems to be improved in judicial practice.First,in the process of reasoning,there is a lack of basis for the fact finding,and the evidence analysis and argument are not sufficient.Second,in the practical investigation of the criminal judgment,the defense opinion is not enough,and some of the judgments lack a positive response to the defense opinion,so it is difficult to reflect the significance of the defense lawyer's existence in the criminal case;Third,the judgmentreason is too simple,that is,the conviction of the sentencing is not sufficient;Fourth,the single reasoning style of the criminal judgment,the lack of legal principles,reasons for insufficient explanation,resulting in the lack of some sense of recognition and acceptance of the judgment in front of the parties and the public.Through the summary of the reasoning problems in the criminal judgment at the present stage,the causes of the problems are found,and improvement measures are put forward accordingly.Entering the new era,the main contradiction in our society has been transformed,which is reflected in the judicial field as the people's good demand and expectation for the life under the rule of law.Therefore,to improve the reasoning of criminal judgment,we must start from the purpose of the rule of law reform,find the breakthrough of reasoning reform,ensure the realization of judicial justice,improve the people's recognition and acceptance of criminal judgment,and form a good relationship between the law and the people.The development of the criminal judgment reasoning,need to strengthen the concept of procedural justice and the importance of reason,to clear reasons things out the standard legislative model,to establish a sound supporting system for judges and so on,thus improve the reasoning of judgment,to further promote the reform of the judicial system,Finally,we will realize the perfect development of the rule of law reform in the new era.