An Empirical Study On The Reasoning Of Civil Judgment

The reasoning part is the soul of the judgment document,which records the process of the judge's determination of the facts of the case,the interpretation of applicable law,and the comprehensive judgment of the judgment result.Document reasoning not only reflects the professionalism and impartiality of the judge's trial,but also improves the credibility and authority of the document.The reasoning of referee documents has been a hotspot in theoretical research in recent years.In June 2018,the Supreme People 's Court issued the “Guiding Opinions on Strengthening and Regulating the Reasoning of the Interpretation of Judgment Documents”,which set out clear requirements for the reasoning of the judgment documents,such as refining and simplifying the diversion and widening the sources of arguments.However,insufficient reasoning and unreasonable phenomena are common in judicial practice.The research of document reasoning cannot be generalized,and systematic analysis should be carried out around specific samples.Therefore,this paper uses the first-instance civil judgment made by a specific court as an analysis sample,and uses empirical analysis methods to reveal the main problems in judicial practice of judicial judgments,explore the reasons for the lack of reasoning,and based on the above analysis results,try to propose Targeted and feasible solutions.This article selects the first-instance verdicts of 2018 in the case of disputes on housing sales contracts in a district court of Guangzhou on the public platform of the China Judgment Document Network as the analysis sample,with a total of 73 articles.The article is divided into four parts:the first chapter is an introduction,which introduces the basis of the topic selection,research samples and methods and the current status of research;the second chapter defines the concept of the reasoning of the referee document,clarifies the significance of reasoning,and divides the content of the reasoning into fact determination and law Three rational parts of application and discretion are discussed in detail;Chapter 3 examines the selected sample of documents,and summarizes the reasoning problems of the summary sample in the fact finding part,the law applicable part and the discretion part;Chapter 4 deals with the sample Explore the reasons for the existing problems,and point out that the main reasons for the above problems include the traditional influence of the civil law system,the lack of incentives for reasoning,constraints and guarantee mechanisms,the practical dilemma of more cases and fewer people,and the constraints of judges 'reasoning concepts.Simplify triage,refine reasoning evaluation,incentive and guarantee mechanism,strengthen judges' professional skills education and training,and reshape the solution to judge reasoning.In short,this article intends to use empirical analysis as the method to analyze the sample documents,to summarize the characteristics and shortcomings of document reasoning in judicial practice,based on the small,to propose specific and practical methods to improve document reasoning,and to provide theory for courts and judges at all levels Reference,to provide some inspiration for improving the reasoning of China's referee documents.