Research On Reasoning Of Administrative Judgment Documents

With the establishment and perfection of the public online system of effective judgement documents,judgement documents have become a kind of social public resource as a judicial product,and the quality of judgement documents,especially the reasoning issue,has increasingly attracted widespread attention.All the time,the reasoning of the application of the law as one of the core content of the reasoning of the judgment document is the focus that the court should clarify in the reasons for the judgment,especially the application of the law in administrative litigation is often more complicated and special.This article takes the law application theory of the court in judicial judgment as the key object of investigation,and studies the reasoning of administrative judgment documents.By sorting out and inspecting the relevant administrative judgment documents,the courts mainly include the following four cases in the disputes about the application of law in the judgment: First,there are disputes about the basis for the application of the law;Second,the disputes whether the legal provisions are invoked;Third,There are disputes regarding the understanding of the meaning of the provisions of the law;Fourth,there are disputes over the application of the law in cases where the law does not specify the provisions.Based on our country's courts' administrative adjudication documents,the legal application of the theory of positive and negative experience is summarized and analyzed.Through the research case,it is found that the courts mainly have shortcomings such as insufficient reasoning(irrational or inadequate reasoning)andpoorly targeted reasoning in the application of law in administrative litigation.Aiming at the problems and shortcomings in the reasoning of the application of the law on administrative adjudication documents,the internal reasons for the existence are analyzed.To this end,we should improve and perfect from the following aspects:First,we must unify the scale of the application of administrative judgment law: focus on solving the problem of the basis of administrative judgment,eliminate the vagueness of the basis of judgment and reasoning,and strengthen the legality of regulatory documents Review,and urge the administrative organs to administer in accordance with the law,the court should clearly distinguish between the basis for the application of the referee and the basis for the reasoning of the referee;improve the review and determination of the normative documents,and properly handle the conflicts between the normative documents;should be applied in the judicial adjudication During the process,the comprehensive application of law application methods should be strengthened.For example,the court should strengthen the application of the law conflict resolution rules,law interpretation methods,and interest measurement methods.Secondly,based on the basic characteristics of the legality review of administrative litigation,it is necessary to improve the path of legal reasoning,that is,the court should increase the proportion of rational reasoning on the basis of adhering to the legal reasoning,and strengthen the comprehensive application of the relevant principles and principles of administrative law Improve the legitimacy and appropriateness of law application.Furthermore,in accordance with the requirements of the Supreme People's Court on the interpretation of the theory,from the perspective of enriching the argument of the law application argument and strengthening the argument of the law application argument,the strength of the argument of the law application argument should be strengthened.Finally,based on the system construction level of administrative adjudication document reasoning,improve the mechanism of legal application argumentation from the perspective of legislation,justice and documents,focus on improving the legal effectiveness of legal application argumentation in judicial adjudication process,and establish and improve the requirements of interpretation reason Refine the supporting system and further optimize the style and structure of the current judgment documents.At present,with the continuous advancement of the reform of the judicial responsibility system in our country,strengthening the construction of the reasoning system for the legal application of administrative ruling documents is very important for resolving thedifficulties of reasoning in administrative cases,improving the credibility of justice,and realizing that citizens feel fairness and justice in every case.