Research On The Reasoning Restraint And Incentive Mechanism Of Judgment Documents Under The Background Of Judicial Openness

The publication of judicial documents is a process of subjective judgment and free evaluation of the judge on the case evidence,fact determination and application of law.It is the basis of realizing judicial justice to let the parties and the public accept the result of the judgment with the justice of procedure and entity,and at the same time,it also forces the judicial documents to strengthen reasoning.In the context of judicial openness,the reform of judicial documents is the top priority,and the focus of the reform should be to improve the reasoning ability and level of judges.With the deepening of the reform,most of the judicial decisions in our country can do justice analysis,so that the parties and the public feel the authority and justice of justice.However,in practice,there are still some problems in the production of judicial documents,such as the insufficient reasoning of the trial procedure,the insufficient fact identification,the disconnection between fact analysis and legal argumentation,etc.In the aspect of judge reasoning,there are some problems such as no reasoning,no reasoning,no reasoning and improper reasoning.There are many factors that affect the reasoning of judgment documents.In addition to the subjective aspect of the judge's own comprehensive quality,the root cause of the problem lies in the lack of external system constraints.Through the theoretical analysis of the factors restricting the reasoning of the judgment documents and the investigation of the performance appraisal documents of the court in practice,we can find that the problems existing in the reasoning of the current judgment documents in China are closely related to the lack of the reasoning mechanism of the judgment documents.The restraint and incentive mechanism of judicial documents is related to the motive force of judge reasoning.The binding mechanism standardizes the reasoning of judgment documents as the obligation that the judge must follow,brings the reasoning of judgment documents into the responsibility of the judge,and realizes the externally restriction function;the incentive mechanism can improve the enthusiasm of the judge for the reasoning of judgment documents,and create a sense of urgency for the reasoning of judgment documents,so as to urge the judge to attach great importance to the reasoning of judgment documents externally.In order to improve the restraint and incentive mechanism of judicial documents,we should start from the "system approach",and suggest to enrich the relevant provisions of reasoning responsibility,reform the issuing system of judicial documents,and explore the establishment of the signature system of the producers of judicial documents;clarify the exemption content of reasoning responsibility,so that judges can speak boldly and confidently within the norms;refine the objectives and functions of case reasoning,and strengthen the guiding cases To encourage the reasoning of judges;to establish the reasoning mechanism of combining hardness with softness,which not only constrains the reasoning behavior of judges,but also fully respects the reasoning personality of judges;to standardize the reasoning model and evaluation mechanism,and to bring the evaluation results into the rewards and punishments,so that judges always maintain the passion of reasoning and are constrained by the system,so as to effectively improve the reasoning of judgment documents,better achieve the goal of reasoning.