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On The Reshaping Of The Structure Of My Country's Civil Judgment And The Realization Of Reasoning

Posted on:2020-07-13Degree:MasterType:Thesis
Country:ChinaCandidate:X C MaFull Text:PDF
GTID:2436330596471166Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The judgment is an important carrier for the court to use the law to settle disputes and draw conclusions.A good judgment needs a healthy and complete framework to build,the structure of the judgment determines the basic framework of the judgment,but also clear the basic elements of the internal,the scientific structure of the judgment can clearly show the internal reasoning logic of the judgment.Reason is the judge of the conclusion of the argument and explanation,is the soul of the judgment.The judgment with sufficient reasons and clear logic not only directly reflects the comprehensive quality of the judge,but also relates to the realization of its social functions such as judging litigation.The reconstruction of the structure of the judgment can create a good reasoning environment for judges and build a logical and smooth way of writing.The improvement of the way to realize the reasoning of the judgment can liberate the instrumental limitation of the reasoning of the judge,help the judge to further enhance the persuasive power of the judgment,and realize the social function of reasoning.In recent years,China's procedure law reform continues to advance,with new style of procedure law and litigation documents and other important legal and policy document releasing,makes the research of this thesis has the latest lawsuit legal system,judicial interpretation and document style solid legal basis,especially on June 1,2018,issued by the supreme people's court,the supreme people's court interpretation on strengthening and standardizing the written judgment reasons things out the guidance ",but also for the judgment reasoning provides a new direction.By analyzing the structure of civil judgment and expounding the method of realization of reasoning,this paper puts forward Suggestions for the reform of civil judgment in China from the two aspects of common character and personality of judgment.
Keywords/Search Tags:The judgment, Structure, Reasoning, reform
PDF Full Text Request
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