On The Reasoning Of Civil Judgment Documents From The Perspective Of Court Trial

The civil judgment document shall clearly,fairly and accurately state the facts of the case and relevant legal norms,and demonstrate the rationality of the conclusion through analysis and reasoning.Judicial reform has activated the "judicial productivity" to a certain extent,but from the perspective of civil trial practice,there is still a problem of insufficient reasoning in civil judgment documents,and there is still a certain gap compared with the judicial needs of the people.There is no end to the reform of regulating the operation of judicial power and improving judicial credibility.There is always only time to proceed.It is a timely topic to explore how to improve the level of reasoning in civil judgment documents.The civil judgment document is the carrier for the people's court to announce the judgment result and the judgment basis.It records the acceptance and trial process of the case,records the judge's review and certification process of evidence and facts,reveals the judge's experience and logical reasoning process,and has interpretations.,The function of guiding public behavior.A qualified civil judgment document should demonstrate the fairness and legitimacy of the trial procedure.The judgment document should contain the reasoning for the facts,the explanation of the law and the logical deduction of the judgment result.It is necessary to improve the acceptability of the civil judgment document.Be reasonable,liberal arts and sciences.This article draws on the concept of "centering on court trial" in the field of criminal trial,and proposes that court trial is the center of civil judgment documents.From the perspective of ought,the current judicial reform is gradually deepening,and exploring new ways of reasoning in judgment documents meets real needs;in terms of audiences of judgment documents,reasoning with court trials as the center can improve acceptability;it will help judges improve the level of reasoning;Help improve judicial credibility.From a value point of view,reasoning with court trials as the center will help unify the judgment standards,promote the correct application of the law,increase the rate of appeal and judgment,and ultimately achieve judicial justice.From the methodological point of view,the reasoning of civil judgment documents with court trial as the center should be based on the four dimensions of reason,legal principle,reasoning,and liberal arts,focusing on the two perspectives of transactional and rights procedural matters.At the same time,the reasoning evaluation mechanism of judge self-evaluation and peer evaluation should be established.The theory of civil judgment documents centered on court trial should follow the principle of obligation,pertinence,legality,fairness and efficiency,and the principle of normative discretion.Finally,this article also puts forward some suggestions for constructing a guarantee mechanism for the reasoning of civil judgment documents.