The Function And Realization Of Reasoning In Contemporary Chinese Judgment Documents

Professor Sun Guohua said: "law is the combination of" reason "and" power " [sun Guohua,Huang Jinhua: law is the combination of "reason" and "force",in law,1996,issue 1.]"Reason" and "force" are morality,while "force" and "reason" are power politics.If there is no "reason" and only "force" in the judgment document,it will become an unfounded decision,and the judge will be naturally "legalized" for the rights and obligations of the parties and even the change of freedom and life.Judicial documents play an important role in judicial trials.As for the theoretical research of reasoning function of contemporary Chinese judicial documents,the theoretical circle has never stopped discussing.The existing literature research has studied the reasoning of judgment documents from all angles and all levels,but it is still lack of combing the macro system value and function of reasoning of judgment documents.Therefore,we should accurately determine the function orientation of the judgment document and the value orientation of the reform of the judgment document.The reasoning of judgment documents has its independent function and research value.It is not accurate to grasp the function of reasoning of judgment documents,and it is difficult to really understand the essence of reasoning of judgment documents.For the realization of reasoning function in reality,the Supreme Court and the people's courts at all levels have never stopped promoting the reform,and with the unremitting efforts of the practical and academic circles,the level of reasoning in the judgment can be said to have been greatly improved compared with that in the 1990 s.At present,there are some problems in the implementation of reasoning function of judgment documents,which should be taken seriously and solved pertinently.Based on the current situation of Chinese judicial document reasoning,this paper proposes some feasible suggestions.Through experience observation and analysis,this paper summarizes the function and utility of reasoning in judicial documents;through literature analysis,it analyzes the works,journals,degree papers and foreign documents that are related to the theme of the thesis,and combs and compares the existing theoretical results;through value analysis,it recognizes and evaluates the value attribute of social phenomena,so as to reveal the lack of function To explore the ideal way to solve the problem of function exertion.The full text is divided into four parts: the first part is the introduction.This paper reviews the significance,theoretical framework and research status at home and abroad of the research direction of reasoning of judgment documents.The second part discusses the specific division of reasoning function of judgment documents by the method of structural function theory,and clarifies the position and importance of judgment reason in the judicial process.The third part points out the influence of the reasoning function of the judgment document and the negative psychology of the judge as the function implementer,and clarifies the internal,external,macro and micro reasons that lead to these phenomena.The fourth part is the author's intention to change the difficult situation of the function exertion,and puts forward the solutions to the insufficient function exertion of the reasoning function of the judgment document at the present stage in China,so as to provide the future law In the process of governance,the exertion of the reasons for judging is prospected.