Analysis Of Japanese Criminal Judgment

The criminal judgment must be strictly applied to the statutory punishment of the crime and the reasoning of the reasons for the judgment.The written judgment is a written criminal judgment,which adopts objective and true facts,it applies strict logical reasoning,and applies the law strictly in accordance with the principle of legality.As the basis of written judgment process,the judgment can openly and transparently show the litigants and the citizens the whole picture of the trial,so that ordinary people can understand the court's trial situation through the criminal judgment,and supervise the fairness of the court's judgment.This paper mainly analyzes the Japanese criminal judgment from three aspects:the structure,the way of reasoning and the language expression.Includes:the criminal judgment main body by the main text and the reason two parts constitute.The main text namely the written judgment conclusion and the punishment and so on disposal way;The reason refers to the part of the judgment process of reaching the conclusion mentioned in the main text of the judgment,including the fact finding,evidence,the application of law and legal interpretation as the basis of the judgment,and the argumentation process of reaching the conclusion of the main text.The "reasons" part is the key point in the process of making the Japanese criminal judgment.This paper also studies the characteristics of the detailed and rigorous reasoning process in Japanese criminal judgment.The argumentation in the judgment almost runs through the whole text of the main body of the judgment,and is mainly reflected in the"reasons" part.In a guilty verdict,the criminal facts and sentencing reasons included in the "reasons" section need to go through a detailed explanation of events,logical reasoning and strict conclusion.In the aspect of language expression,this paper introduces the stylized language,the "invisible subject" and the appellation of the defendant in the Japanese formal judgment through the analysis of language style and Statements rhetoric.In addition,the Japanese criminal sentence text pays attention to the outline and provisions,showing the narrative characteristics of"caption-argumentation",and the use of language has evolved from the once obscure to simple and clear.In addition,this paper introduces the "minority opinion system" implemented by the Supreme Court in Japan through the absorption and reform of the "open system of judgment dissenting opinions" in the Anglo-American law system,and objectively describes the shortcomings of the "minority opinion system" in Japan.In addition,the specific content of Japan's "magistrate system" and the feasibility analysis of China's"jury system".In this process,in this paper,with reference to a large number of cases,including 2016 has provoked widespread attention from all walks of life,a student Chen studying in Japan killing,is known as "Jiang ge case".In the process of analyzing the Japanese criminal judgment,based on the content and format of different criminal judgments of real cases such as "Jiang ge case",the author makes an analysis of the Japanese criminal judgment with case support by using the research method of combining theory with examples.As an extremely important litigation data in criminal judgment,the judgment book can intuitively present the judicial practice characteristics of a certain legal area,the acceptance degree of the parties concerned to the judgment,and the legal cognition and value orientation obtained from the influential criminal cases.The criminal judgment also directly shows the state's protection of the life,property,freedom and reputation of its citizens.In this important sense,the judgment must be correct and clear,rely on the evidence strictly and be persuasive.It should have the characteristics of complete structure,thorough reasoning,rigorous language and can fully reflect the fairness and justice of the criminal judgment.China and Japan are both statutory countries,but due to their different historical backgrounds,legal system attributes and national cultures,the contents and procedures of laws are different from each other,resulting in different judicial procedures and legal texts,and certain differences in the contents of judgments.In the criminal judgment,if we can learn from its good points on the basis of China's reality,it may have a positive impact on improving the quality of domestic judgment.