Research On The Standards Of Criminal Judgment Evidence Writing

The criminal judgment is the final product of litigation activities,and the entire process and results of the trial of the case by the people's courts shall be recorded in accordance with the law.With the continuous development of the rule of law,the public's awareness of the rule of law and the requirements for the rule of law are constantly improving.Correspondingly,the quality of the judgment is becoming more and more concerned,and the standardization of the evidence of judgments,including criminal judgments,is a key element that reflects the quality of the judgment.In the perspective of the judiciary,once the facts become a history,it is necessary to rely on the information transmitted by the evidence to construct the facts of the case,and then the judgment results can be obtained in the round-trip circulation of facts and laws.From the point of view of reasoning,the criminal judgment theory includes reasoning about the evidence,reasoning about the facts,and reasoning about the applicable law.Among them,the evidence theory plays a fundamental role.The analysis and argumentation evidence in the criminal judgment reflects the disclosure of the evidence in the judgment,which is the proper meaning of the judicial substantive disclosure,and also the necessary measures to reflect the judicial justice and increase the acceptability of the judgment.Through the text analysis of the criminal judgment,we can find that there are some irregular phenomena in the writing of evidence,such as improper formatting of evidence,patterning,lack of analysis and argumentation of the relationship between evidence and facts,etc.,resulting in different degrees of disjunction between evidence and facts.phenomenon.As far as the writing of the illegal evidence exclusion section is concerned,there are problems such as insufficient reasoning or simply not saying that the burden of proof is wrong.The above-mentioned evidence writing is not standardized.It is caused by many reasons.First,the relevant legal norms are not perfect.Second,some judges have deviations in their concepts,and their capabilities need to be strengthened.Third,there are still some improper factors in the judicial environment that interfere with the judges.The referee,in turn,affects the standard writing of evidence.To standardize the writing of evidence in criminal judgments,more measures should be taken simultaneously.It is suggested to further revise the content of evidence writing in the format of criminal judgment,strengthen evidence reasoning,better guide judges to standardize writing evidence,further improve the effectiveness of criminal judgment styles,and formulate and establish an external guarantee mechanism for regulating evidence writing;further improve judge evidence The ability to strengthen training and training,play the initiative of the author of the criminal judgment of the judge;further eliminate the interference of improper factors on the judge's handling of the case,and create a good rule of law environment for the judge to judge according to law and standardize the writing evidence.