A Study On The Reasoning Of Criminal Judgment Documents In China

As the final result of the judicial trial and the "judicial product",the criminal judgment document itself has the extremely strong fairness and the authority,it not only can directly reflect the trial result,the effective link judgment result and the case fact,moreover,it is the basis of promoting the objective justice,rationality and legality of the judicial trial,and has profound practical significance.The Judgment Document reasoning bears the important role of linking up the evidence,the legal provisions and the result of the trial,as well as the important responsibility of restoring the facts of the case and allowing the case to be tried in strict accordance with the law,is the essence and soul of paperwork.Therefore,in order to comprehensively improve the quality of case handling,clarify the ins and outs of the case,and optimize the definition of the case,we need to play the basic role of some documents of reasoning,in order to better and better understand the text,enhancing the factuality and objectivity of the legal principle of the case.In the process of strengthening the civilization of the rule of law,the criminal judgment has gradually become one of the basic standards to measure the civilization of the rule of law.At present,there are still some problems to be improved in the development of reasoning in criminal judgment documents in China.Among them,the problem of immobility and long-term pattern is obvious,which has a certain obstacle to the overall optimization of the construction of legal civilization.This paper uses the methods of literature analysis to explore the problems existing in the process of reasoning in the current criminal judgment documents,and puts forward the feasible methods to strengthen the reasoning in the criminal judgment documents,in order to promote the overall level of criminal judgment document reasoning in judicial practice to provide a reference.This paper is divided into four parts:The first part is an overview of the system of reasoning in criminal judgment documents,including the definition of the concept of reasoning in criminal judgment documents and the discrimination of its contents,and specifically points out the contents and elements that should be included in the theory of criminal judgment documents,it also introduces the significance and value of perfecting the reasoning of criminal judgment documents from various angles.The second part is a study on the reasoning of the Western criminal judgment,that is,through combing the historical development of the reasoning of the judgment documents in the Western countries ruled by law,taking the United States and France as examples,this paper summarizes the factors influencing the reasoning of judgment documents in the Western countries under the rule of law of the two major legal systems,summarizes the present situation and characteristics of their development,in order to draw on the advantages and make up the disadvantages,and from which we can find some reference for our country,it provides theoretical support for the following suggestions to strengthen the reasoning of our country’s judicial documents.The third part is the analysis of the problems and reasons of the criminal judgment documents in our country.Among them,the problems include the formalization of expression,the color of moral judgment,the difference of reasoning degree of different cases,the lack of specific reasoning to the application of the law,the lack of analysis and argumentation to the reasons for sentencing The reasons include three aspects: cultural tradition factor,subjective cognition factor and system guarantee factor.The fourth part is on the basis of the current legal system,optimizing the reasoning path of criminal judgment documents in an all-round way,and combining the normative research results with the contents discussed above,so as to better and better construct the organization structure of criminal judgment reasoning documents,and to improve the Operability and applicability of regulatory measures across the board by introducing bold ideas where appropriate.Around the writing of documents and two aspects of the system model,among the instruments,they range from preaching and inculcating reform to interpretation according to law,from obscure and arbitrary reform to popular norms,from intense moral judgment to subjective and objective prudence,and from structural non-standard reform to flexible and concrete,the system and mode includes the separation of litigation,the separation of simple and complicated judgment documents,the active exploration of the mode of filling documents,the open-minded use of non-verbal expression to enhance the efficiency of reasoning.