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On The Normalization Of Arguments Of Case Facts In Judgment Documents

Posted on:2021-05-04Degree:MasterType:Thesis
Country:ChinaCandidate:M LiFull Text:PDF
GTID:2416330602980973Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Under the background of the judicial reform,the reform of argument in judgment documents is of great significance.As the case facts that play a key and fundamental role in the interpretation of laws and argument of judgment documents,the norms and standards of reasoning should be paid attention to.In terms of the concept of the case facts,they are complex,which are based on the recurred facts,facts upon evidence and judicial facts;In terms of the formation of the case facts,they are complicated,which are based on objective facts and constructed by objective statements of different subjects and judges' evaluation and judgment on the basis of evidence.Therefore,in this sense,case facts are the unity of subjectivity and objectivity.Case facts are the starting point of a judgment,the accuracy of which directly affects the final judgment result.Therefore,we must recognize the role of the case facts in judgment documents.In judicial practice,people tend to form a misunderstanding to the case facts,they think case facts are to list opinion of litigants and evidence simply in judgment documents,the argument processes of case facts are more inclined to formalize and template,and analysis of the evidence does not reach the designated position,the reasoning of mutual corroboration between different evidence is insufficient,focus of disputes are missing,demonstrating lacks of target,evidence and fact lacks of connection,cohesion between facts and legal rules is inappropriate etc.They are the prominent problems in the process of reasoning in adjudicative documents at present of our country.The judge comes to the case facts and reaches a referee's conclusion directly based on evidence,the argumentation in the process of the trial is introduced verbosely,that doesn't mean respect for the judicial process,is also not responsible for the parties,leads to the final legal decisions are arbitrary,inadequate and sketchy reasons buried holes for judicial error,cause a lot of wrongs,seriously affected the judicial credibility.Therefore,it is urgent and necessary to construct the standard of argument of case facts in judgment documents.In fact,the case facts are much more complicated than we think.The construction of the normative standard of case facts needs to be carried out from the theoretical level and the technical level respectively.In terms of the theoretical level,it is mainly to provide a direction and guidance for the operation at the technical level.Firstly,because the case facts are based on the evidence,the argument process of case facts is also the process of judgment of evidence,therefore,evidence as the basis to determine the case facts must be in conformity with the rules of evidence and the law of evidence,the purpose of evidence standards is to ensure the authenticity of the case facts,which can realize mutual corroboration between evidence and facts;Secondly,the argument process of case facts is a process of exquisite skills,argument does not mean that the longer,the better,doesn't mean that the more of details the better,the purpose of argument is able to persuade audience effectively,therefore,the rhetoric standard is to increase the effectiveness of persuasion of argument of case facts;Thirdly,case facts come from objective facts.One of the purposes of argument of case facts is to present the facts happened in the past again in judgment documents.Therefore,the process of argument is also a process of narration.There should be no puzzling contradiction in the formed facts,that is,the realization of narrative coherence;In the end,all these standards are put forward to enhance the acceptability of judgment documents from the perspective of argument.The key point is theoretical standards should be implemented in specific technical operations;In terms of technical level,on the one hand,in the process of evidence reasoning,ensuring the substance of trial,specifying the circumstances of the cross-examination,using of evidence rules and judicial methods appropriately,especially using of illegal evidence exclusion rules and inference method carefully,to make sure to enter the case facts that the validity of the evidence,achieve mutual corroboration of evidence,state the reasons for the admissibility of evidence fully;On the other hand,in the process of establishment and argument of case facts,accurately identifying the focus of the case,to make the argument more targeted;When ascertaining the facts of a case on the basis of circumstantial evidence,ensure the mutual corroboration of the evidence;Finally,on the basis of value judgment,specific case facts are included into specific legal rules,and the cohesive reasoning between case facts and legal application is established to realize the attribution argumentation of case facts.Giving full play to the main role of the judge,selectively reproduce the process of the judge's testimony.Under the unified standard of theory and technology,the authenticity of case facts should be pursued.
Keywords/Search Tags:Facts of case, Evidence, Argument, Narrative Coherence, Acceptability
PDF Full Text Request
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