Research On The Argumentation System Of Criminal Decisions

Criminal judgment,as an important manifestation of criminal rule of law in the criminal field,not only imposes extremely high requirements on fairness and justice,but also has profound significance on how to guarantee the litigation and experience of litigants,and the realization of these claims depends on In the criminal judgment.“Criminal judgment” refers to a litigation activity in which a judge gives a full explanation of legitimacy and reasonableness in his criminal judgment.At present,there are still many problems in China's criminal judgment theory.Among them,there are: the "formula-type" judgment document as the leading,the "proof mode" solidified;the evidence piled up seriously,lack of argumentation analysis;the sentencing theory is incomplete,reasoning There are problems in the content,etc.These problems directly lead to the parties not accepting the judgment,the public opinion is not compliant,and thus reducing the credibility of the judiciary.The reason for these phenomena can be attributed to the judge's failure to be reasonable,unwilling to reason,and unreasonable.In view of the above problems,we should improve the quality of judges by drawing on useful experience;improve the reward and punishment system of referee documents,prompt judges to reason;improve system construction,strengthen the professional guarantee of judges,and strengthen the judgment of criminal judgments.