A Study On The Explanation And Reasoning Of Judicial Documents In Criminal Unjust And Wrong Cases

Criminal unjust and wrong cases are the combination of unjust cases and wrong cases.They refer to criminal cases in which the facts are identified,or the law is applied wrongly due to intentional or gross negligence,or criminal cases in which the handling of the cases is due to violation of legal proceedings.Compared with the ordinary criminal cases,the criminal unjust and wrong cases are more concerned by the public,which shows the fierce confrontation between justice and public opinion.However,compared with the ordinary criminal cases,the judicial documents of criminal unjust and wrong cases are bound to have greater defects or even major errors in reasoning.Based on the existing research on the reasoning of criminal judgment documents,this paper reveals the specific situation of the reasoning of criminal judgment documents from the perspective of criminal wrongs.Through the analysis and summary of the judgment documents of the criminal unjust and wrong cases,we hope to further improve the interpretation and reasoning of the criminal judgment documents,prevent and reduce the occurrence of the criminal unjust and wrong cases,enhance the judicial credibility,and make the criminal judgment documents more persuasive and acceptable.By using the methods of literature research and empirical analysis,this paper reviews the criminal judgment documents related to unjust and wrong cases,the prevention mechanism of unjust and wrong cases and the materials of interpretation and reasoning of criminal judgment documents,provides materials for the writing of the paper,and consults and analyzes the judgment documents of a certain number of criminal unjust and wrong cases,summarizes the judgment documents of criminal unjust and wrong cases by combining quantitative and qualitative analysis methods The common characteristics of hermeneutic reasoning.The main content of this paper is divided into four chapters:the first chaptersummarizes the interpretation and reasoning of judgment documents in criminal unjust and wrong cases,mainly clarifies the concept of interpretation and reasoning of criminal judgment documents,clarifies the content of interpretation and reasoning of criminal judgment documents and summarizes the problems existing in interpretation and reasoning of judgment documents in criminal unjust and wrong cases and to reflect on the problems;the second chapter analyzes the origin of interpretation and reasoning limitation of judgment documents in criminal unjust and wrong cases,mainly from the judicial system malpractice,the judicial culture flaw and the judicial resources limited and so on aspects to explain the criminal unjust and wrong case judgment document explanation reason why has the flaw;the third chapter explains to strengthen and consummate the necessity of interpretation and reasoning of criminal judgment document,simultaneously needs to pay attention to the bottom line and standard of reasoning of criminal judgment documents;the fourth chapter puts forward the requirements of standardizing and improving the interpretation and reasoning of criminal unjust and wrong case judgment document via the criminal unjust and wrong case judgment document explanation reason analysis of the existing problems,and avoids the occurrence of unjust and wrong cases in the trial process.Bacon,the British philosopher,once said that "an unjust judgment has more than ten crimes,although crime ignores the law-for example,it pollutes the water flow,and an unjust trial destroys the law-for example,it pollutes the water source." This profoundly reveals the harm of judicial injustice.In recent years,some typical cases of injustice reported by the media have brought devastating blow and injury to the parties and their families and caused the rapid decline of judicial credibility and authority.Although these unjust and wrong cases have been redressed and corrected,it is hard to break the mirror and get back together.The "scars" caused by the unjust and wrong cases have always been printed on the "forehead" of justice.Therefore,prevention is better than correction.Paying attention to and emphasizing the interpretation and reasoning of criminal judgment documents will force the judge to be careful in the confirmation of facts,the analysis of evidence and the application of law as well as the formation of the judgment evidence in the process of court trial,and make the facts,evidence and the application of law conform to the logical inference.It is more scientific in the determination of guilt and sentencing,rather than the criminal defendant's "power type into the crime" In order to avoid and reduce the occurrence of unjust cases and prevent them in advance.