Research On The Reasoning Of Criminal Judgments

With the development of the rule of law,China has paid more and more attention to the doctrine of adjudication documents.Judgment documents must be justified for judicial reason.In 1980,the Ministry of Justice formulated the "Procedures for Procedural Documents",emphasizing that the content of criminal judgments must be reasonably stated and cited in related laws.Agenda.Since the Supreme People's Court in October 1999 proposed "enhancing the rationality of judgments" in the "People's Court's First Five-Year Reform Outline," legal documents have also been "reasonable" for 20 years.In July 2017,the Supreme People's Procuratorate issued the "Opinions on Strengthening the Reasoning Work of Procuratorial Legal Documents",requiring legal documents to "clarify reason",focusing on the organic combination of law,reason,and sentiment,interpreting the law and understanding it.Be emotional and enhance the humanistic care and social effect of judicial handling of cases.Subsequently,the Supreme People's Court's "Guiding Opinions on Strengthening and Regulating the Interpretation of Judgment Documents" issued in June 2018 has a landmark significance for the standardization of judicial rulings.The Opinions point out that judicial rulings are legal in nature The process of reasoning or argumentation is aimed at pursuing the unity of refereeing according to law and individual case justice,thereby improving the acceptability of refereeing conclusions.The writing of the criminal judgment document is a written decision of the people's court on the termination of the trial of a criminal case in accordance with the procedures prescribed by the Criminal Procedure Law,and the conviction and sentence of the defendant according to the facts and evidence found.Criminal adjudication documents are the carrier of criminal adjudication.Through the display and explanation of the reasons for judgments,they achieve the functions of determining disputes,persuading the public,and establishing judicial authority.At present,in China's judicial practice,problemssuch as simple reasons for criminal adjudication documents,a lack of attention to procedural matters,and a lack of legal reasoning and argumentation are unfavorable to the realization of China's judicial fairness value.Based on this,the author discusses the theoretical and practical issues in the theory of criminal judgment documents in order to provide positive suggestions for improving the theory of criminal judgment documents in China.The body of this article is divided into four parts.The first part is an overview of the reasoning of criminal adjudication documents,introducing the basic concepts and characteristics of criminal adjudication documents reasoning,specifically analyzing the specific content that criminal adjudication documents should contain,and also reasoning about criminal adjudication documents in the extra-territorial Anglo-American legal system and civil law Was discussed.The second part conducts empirical analysis through the business guidance sponsored by the Business Division of the Supreme People's Court and the case in the research publication "Criminal Trial Reference",and through data statistics,studies the current status and existing problems of the reasoning of criminal judgment documents in China.And further explore the reasons for the lack of document reasoning.The third part starts with the three paths of formal logic,Toulmin's argument model and rhetoric,and discusses specific methods to effectively improve the level of reasoning of criminal judgment documents.The fourth part analyzes the development direction of China's criminal judgment documents reasoning specifically,proposes feasible and operable standardization measures,and proposes that we should perfect the model and specific contents of China's criminal judgment documents reasoning from multiple angles such as judges and cases.