Reasoning Research Of Administrative Judgment Documents

To a certain extent,the written judgment document is a static re-enactment of the judicial trial,and the reasoning of the judgment document is an important channel for the parties and other audiences to understand the justice,participate in the justice,and evaluate the justice.Among them,administrative judgment documents are particularly special.The value of reasoning is not only reflected in persuading both parties in the litigation to agree to the conclusion of the judgment and then reconciling the judgment,but also in a visible way to show the outside world the supervision of judicial power over the exercise of administrative power.Therefore,this article mainly takes the reasoning of administrative judgment documents as the perspective,based on judicial practice,using literature research method,normative analysis method,and empirical research method,based on previous research results,to study the current situation of administrative judgment document reasoning in my country analysis.The first part mainly introduces the conceptual definition of the reasoning of administrative judgment documents,which refers to the characteristics of administrative litigation,based on the provisions of the administrative litigation document style,and the establishment of the facts of the case and the production of the judgment result in the preparation of the administrative judgment document.Logical deduction.In this way,clarify the goal of the article to be discussed.Secondly,in order to better introduce the reasoning,I decided to explain the conceptual composition of the reasoning of the judgment document from the four elements of the content,the object of the role,the requirements needed to achieve it,and the dimensions of the specific expansion.Finally,through the play of reasoning,persuasion and interpretation,it affirms its positive significance in three aspects: enhancing the predictability of the adjudication,improving the acceptability of the adjudication and judicial justice.Synthesizing the conceptual definition of the reasoning of the administrative judgment document,the analysis and introduction of its constituent elements,and the confirmation and affirmation of its meaning,can have a comprehensive and detailed understanding of the reasoning of the administrative judgment document.In the second part,after recognizing the importance of reasoning to judgment documents,in order to understand the real situation of the quality of reasoning in the field of administrative judgment documents,I decided to start with the analysis of the current situation of reasoning in administrative litigation judgment documents and use case materials obtained from the judgment document website.,Setting standards,screening the published administrative litigation guidance cases to form a sample set,and analyzing the reasoning content of the 17 selected guidance cases in the judgment documents.Taking affair and jurisprudence as the main reference dimensions,and liberal arts,academic principles,and sentimental principles as auxiliary reference dimensions,it analyzes and summarizes the status quo of reasoning in the three main aspects of determination of facts,evidence admissibility,and application of the law.It not only summarizes outstanding performance,but also The existing problems are collected,summarized,analyzed and explained.The third part is based on the current situation and problems of the administrative guidance case judgment document reasoning summarized in the second part,and broadens the field of vision to extract and analyze the reasons for the insufficient reasoning of the administrative judgment document.Through the summary,the reasons can be roughly divided into two major parts: the reasoning subject cannot reason and the reason is unwilling to reason.Not being able to reason means that the reasoning subject has insufficient objective professional ability,but reasoning is not an easy task,so that even if it has the intention,it is unable to reason.Unwillingness to reason means that the reasoning subject has insufficient motivation and willingness to reason,so it is difficult to mobilize the enthusiasm of reasoning,and therefore the reasoning shows an insufficient state.In the specific realization of the judges’ reasoning,they will not and unwilling or show different nominal types.For example,the specific types of reasons that influence the reasoning subject ’s failure to reason include professional quality,refereeing skills,and professional skills such as writing expression,as well as influence The specific types of reasons why the reasoning subject is unwilling to reason include the duty pressure caused by the heavy workload,and the self-protection awareness of the reasoning subject to avoid risk and other aspects that affect the subjective initiative.The fourth part is based on the self-evident importance of reasoning,and puts forward suggestions for improvement in response to the current problems found.The improvement suggestions for improving the quality of reasoning are divided into two.From the internal perspective of the document on which the reasoning is based and the external mechanism that assists in the improvement of the reasoning of the document,we propose six directions for improving the reasoning of administrative judgment documents at the internal and external levels..The improvement suggestions at the internal level are based on the judgment document itself,and around the process of making the document,the reasoning subject includes the subject’s reasoning awareness,writing expression ability,and personal rights protection,which are three internal factors that affect the reasoning,and put forward suggestions for improvement.The effect of improving the quality of essay argumentation.On the other hand,the external part proposes improvement suggestions from the level of the supporting mechanism related to the reasoning system of the judgment document,including the standard mechanism for evaluating the quality of the reasoning document,the public system of the judgment document that stimulates the improvement of the reasoning quality,and the spur mechanism for the reasoning subject.Suggestions from various aspects will help improve the quality of reasoning.The fifth part is the conclusion part.After summarizing,it is found that even if it is a guiding case as a model template,the reasoning is in the five dimensions of reasoning,legal reasoning,sentimental reasoning,liberal arts,and academic reasoning to explain the three core content parts of evidence,facts and the application of law It shows that there are still more or less problems,and the quality of reasoning is uneven,but this situation can be improved through the internal and external aspects of the document production itself and the mechanism that assists the reasoning to achieve the promotion.