An Empirical Study On The Reasoning Of Judgment In My Country

Judgment is not only an important tool for judges to use law to determine and stop disputes,but also an important weapon for judges to maintain social fairness.A good judgment not only reflects judicial justice,but also symbolizes the construction of judicial authority.The scientific judgment requires the judge to clearly reflect the inner logic in a short judgment.As the soul of the judgment,reasoning is the process of the conclusion and argumentation.Full and clear reasoning not only reflects the professional quality of judges,but also plays a great role in the social function of the law to achieve justice and justice.As a measure of the professional competence of the judge and the overall quality of the judgment,the parties will question the fairness and objectivity of the judgment result if the reasoning is not well carried out.At present,with the new round of judicial reform,people’s demand for reasoning on judgment also increases with the change of reform.Especially in February 2019,the Supreme People’s Court issued the Outline of the Fifth Five-year Reform of the People’s Court(2019-2023),which further strengthened the importance of reasoning in the judgment,and put forward new requirements for reasoning in the judgment.It is an effective way to solve the disputes between the parties and to give full play to the publicity of the rule of law concept of judgment.As for the reasoning research of judgment,some scholars have started from many aspects and achieved many research results.However,there are few literatures to study the guiding cases published by the Supreme Court.Based on the guiding cases published by the Supreme People’s Court,this paper studies the reasoning of judgment from the perspective of statistical analysis and content analysis on the basis of the basic theory of judgment reasoning.Through data statistics,this paper discusses the application of reasoning in the aspects of law,law,reason and arts.Through analysis,the guidance of the national judicial referee standard significance cases,partial judgment reasoning more comprehensively and thoroughly,but there are some problems still exist in the reasons things out the judgment,such as the fact that circumstances lack comprehensive response,evidence,legal reasoning and legal reasoning needs to be strengthened,reasonable reasons things out the reference to the inappropriate,unbalanced and so on.In view of the above problems,based on the reality of China’s judicial trial,this paper puts forward several Suggestions to improve the reasoning of China’s judgment.Secondly,the content of reasoning in the judgment should be enriched by combining with common sense.Thirdly,the content of reasoning in judgment should be enriched by combining reason with attention.Fourthly,to improve the incentive mechanism of judge’s reasoning to enhancethe motivation of judgment reasoning.Taking the judgment reasoning of guiding cases as the research sample,it aims to play a guiding role for other courts in substantive judgment and provide references for the judgment reasoning of Chinese courts.