Assessment On The Civil Judgment Reasoning In China

Civil judgment documents are the final product of civil litigation activities,and their writing level and quality directly represent the fairness and justice of civil trial activities,and they directly assume the function of resolving disputes in civil trial.At the present stage,there are still a lot of problems to be improved in the interpretation of civil judgment documents in China.The Supreme Court also issued relevant documents in June 2018,aiming to improve judgment writing and reasoning.To perfect the argumentation of civil judgment documents,we must first accurately describe the present situation of the argumentation of civil judgment documents in our country.Based on this,this paper adopts the method of empirical research to investigate and study the theoretical and practical problems of the argumentation of civil judgment documents in China,describes and summarizes the current situation of the argumentation of civil judgment documents in China,and on this basis,proposes ways to improve and perfect the argumentation system of civil judgment documents in China.This paper is divided into five parts.The first part is the introduction,which summarizes and expounds the research background and academic research achievements of the civil judgment doctrine.The second part is an overview of the theory of rationality in civil judgment documents,in which the author expounds the significance of improving the theory of rationality in civil judgment documents,the necessity of the theory of rationality in civil judgment documents and the feasibility of the theory of rationality in civil judgment documents.The third part is to establish the evaluation index system of the discourse of civil judgment documents,to carry out theoretical analysis and argumentation of each first-level and second-level evaluation index,and to use the analytic hierarchy process to give weight to them.The fourth part is an empirical study and analysis of 800 samples of civil judgment documents drawn from the 2019 first-instance civil judgment books of various basic courts in Shanghai.The fifth part is based on the empirical statistical results of the fourth part,analyzes and summarizes the status quo of the argumentation of civil judgment documents,and fully combines with the reality of judicial practice and envisage the countermeasures and Suggestions to improve the argumentation of civil judgment documents in China.