The "legal Principle" And Its Application In The Interpretation Of Judgment Documents In Our Country

The process of judgment documents;reasoning is the process by which the judge applies articles of law to the specific facts of the case,and draws the judgment results through analysis and value judgment.During this process,"Fali" played an important role in understanding,analyzing,thinking,reasoning,demonstrating and evaluating."Fali" is an indispensable tool for judges to incorporate details of a case into the legal system and to ensure that they respond to the litigant's elaims or social disputes in accordance with the law.Therefore,it is an inevitable requirement of the judicial process to reflect "Fali" in judgment documents' reasoning."Fali" comes from the practice of human life but higher than it."Fali" possesses the integration of wisdom and virtue,and permeates them into the whole field of legal system and rule of law practice.The tern of "Fali" is widely used in various occasions and contexts,and its connotation is rich and varied.Some of the contents pointed out by people using "Fali" are mixed "Tali" with jurisprudence,legal theory,and legal methodology.Some concepts refer to legal methods,legal rationality,and legal doctrine.while others emphasize the purpose of law,the value,or the principles.And some notions are equivalent to common sense,generally acknowledged truth,method,logic,habits,justification and so on.As a comprehensive concept,"Fali" was first created in the Han Dynasty of the ancient Chinese dynasty.With the passage of time and the integration of culture,it absorbed the excellent achievements of legal development,rule of law practice and legal research at all times and in all over the world,and then guided and regulated the law person's behavior."Fali" itself not only has the value of substantive justice,but also has the legitimate meaning of the procedure.No other than its functions and inclusiveness,"Fali" is closely related to the construction of judgment documents and its method of reasoning.Judgment documents generally consist of five parts:the first part,the facts,the reasons,the conclusions and the final part.The contents of the first and the last part reflect the openness and fairmess value of "Fali".The identified fact needs to follow the spirit of"Fali" and adopt its methods,so as to be objectively,eomprehensively and logically.The states of judgment reasons is based on the recognized legal relationship.The judge seeks the law to apply to the case through "Fali";uses "Tali" to make up the law in the presence of legal loopholes;or interprets the law when the legal semantics are ambiguous;In the case of new circumstances,judges should apply his discretionary power within the scope of the "Fali" principle.Furthermore,before making sentence conclusion,it is necessary to cite the legal provisions as the basis for the judgment,and in fact,"Fali" has already been embedded in the legislative spirit,or directly expressed in legal principles or rules.At the same time,the conclusions,as a respond to the parties and the public opinion of the society must conform to the legitimacy of "Fali" and handle the relationship between law and society correctly."Fali" is related to the judgment papers and its reasoning in various ways.In order to ensure the openness and justice of the judiciary,improve the credibility of the judiciary,and implement the judicial reform measures,the courts and judicial staff at all levels in China gradually attach importance to the application of "Fali"in the process of judgment documents' reasoning.It has achieved obvious results generally.However,due to the abstractness and ultimate polarity connotation of "Fali" and the universality and diversity representation of "Fali",the uses of "Fali" still faces several practical difficulties.First,the scope of "Fali" is difficult to define,some judges quoting philosophical doctrine,some others refer to social common sense,etc.and the usual citations of "Fali" are simply by one sentence,such as "based on Fali,...",the use of"Fali" lacks of guidance.Second,In the face of different cases,the judges are biased in choosing the meaning of "Fali".Different judges in the same case also may have different "Fali" positions,the choose of it lacks of equity.Thirdly,due to the judicial supporting measures,judicial corruption and the quality of judicial personnel problems has resulted in the phenomenon that the general judges are unwilling to reason things out,or afraid to be reasonable,or incapable of arguing.Thus it also leads to the lack of"Fali" in judgment papers' reasoning.Fourth,the pressure of social public opinion brought about by the information age is too large,and it not only affected the use of"Fali" undeservedly,but also influence the normal operation of the judiciary.In order to apply "Fali" in the judgment documents better,and exert the effect of "Fali",it is suggested that judges should combines China's national conditions,balance the best connotation and the masses' position choice of "Fali" under the guidance of the socialist concept of rule of law,and combining the core values of socialism.To apply "Fali"reasonably,judges also ought to focus on the principles of legality and necessity.The Supreme People's Court should guide the application of it.Finally,in the process of comprehensive judgment,to distinguish the applicable of "Fali",judges should divide the case according to the details and the nature of the case,so that to carry out reasoning purposefully.