A Research On Rhetorical Reasoning Of Family Judgment

The reform of family trial and judgment documents is one of the hot spots of current judicial reform.However,few scholars have paid attention to the particularity of family judgment documents,let alone made an empirical study on the rhetoric and reasoning of current family judgment documents.Therefore,this paper focuses on real case study of family trial documents' reasoning,including status audit and cause analysis,and thereof improvement of family trial documents.Besides introduction and conclusion,this paper includes four chapters.Chapter 1 gives a comprehensive introduction on definition and functions of family trial documents.Through analysis of related concepts,the 1st chapter is to clarify category of family trial and documents;meanwhile,to illustrate three major functions of family trail reasoning:smooth exercise of judicial power,growth of civilian recognition of justice,and value illustration.Chapter 2 concentrates on audit analysis of family trial reasoning in People's Republic of China.Based on case study of trial document of July,2016-July,2019 issued by local court of city J,140 samples are sorted out by ' suitable procedure:normal procedure','closing procedure:trial'.The samples are analyzed and evaluated based on four dimensions:facts outline,suitable law,applied reasoning,and approved conclusion.In the meantime,common problems are summarized as such:lack of reasoning upon outline of facts,lack of preciseness in application of reasoning,and lack of strong connection between facts,law,and reasoning.Chapter 3 analyzes causes behind the lack of reasoning in family trial documents,mainly three possible causes:unqualified judges,misjudges,and lack of supervision.In addition,root causes lie in immoderate reliance on subjective wording,short of related methodology,conclusion-oriented thinking and lack of supervision in the process,and over-reliance on standard document structure.Chapter 4 illustrates solutions to improvement of family trial reasoning.On the one hand,the judge should take the initiative in transformation from 'unequal'subjective trials to equal 'talks',in the processing accomplishing more comprehensive reasoning via continuous talks and negotiations.On the other hand,the judge should give up conclusion-oriented thinking for legal dogmatics,applied in documents through law demonstration,combining facts outline,applied law and trial conclusions in reasoning.Meanwhile,before common application of reasoning,law plays the leading and supervising role.In the process reasonability of law is demonstrated furthermore.Besides trials,document structure requires more attention.It is suggested that facts and reason chapters are to be improved accordingly.