Reasoning Research On Family Judgment Documents

Family trial activities are related to the happiness and harmony of millions of families.Family judgments are the final judicial product of family trial activities.They are also one of the focal points of family trial reforms.They are the most important achievement carrier that demonstrates judicial justice and judicial civilization.Driven by both the reform of family trial methods and the reform of judgment documents,the importance of reasoning in family judgments has become more prominent.The family judgment is the justice that can be seen in the family justice.It has important effects in absorbing the dissatisfaction of the parties and the public,repairing family emotions,and adjusting interpersonal relationships.Clarifying the basic theory of reasoning in family judgments,examining the current situation of the reform of reasoning in family judgments,and finding a proper path to optimize reasoning based on this is what it means to deepen the reform of family justice.Reasoning in family judgments refers to the fact that when the people's court decides on cases of family disputes,it starts with principles,legal principles,reasoning,liberal arts,customs,etc.,through legal argumentation,analysis and reasoning,and evaluation of the facts and the application of the law.Finally,the reasoning process of drawing the conclusion of the referee.The reasoning of the family judgment is to respond to the disputed facts in the reasons of the judgement,and at the same time to analyze the evidence acceptance and the application of the law,and convey the content and process of the reasoning to the audience with reasonable reasoning logic.Compared with traditional civil disputes,family disputes contain complex factors such as identity,public welfare,and ethics.Judging is not only for deciding disputes,but also for absorbing dissatisfaction from the parties,adjusting interpersonal relationships,and promoting and educating.Therefore,it is necessary to appropriately consider the irrational factors such as the mood and emotions of the parties and the public when reasoning,so that the reasoning part of the family judgment document has obvious characteristics-reasoning highlights the special attributes of the family case itself,and taking into account the private interests of the family Balance protection and reasoning with public welfare concern the continuity and future-oriented nature of interpersonal relationships.According to the "Guiding Opinions of the Supreme People's Court on Strengthening and Standardizing the Interpretation and Reasoning of Judgment Documents",the specific elements of reasoning in family judgments can be subdivided into four aspects: affair,legal theory,reason,and liberal arts.The direct object of the family judgment is the family dispute,and the reasoning part of the document has its own unique attributes,which leads to the threefold function of absorbing the dissatisfaction of the parties and the public,adjusting the interpersonal relationship,and propagating and educating.These three functions play a pivotal role in thoroughly resolving family disputes and preventing family disputes.They play a leading and guiding role in the construction and improvement of the family judgment document reasoning system.In the context of the reform of family trial methods and the reform of judgment documents,family judgments have won a lot of positive feedback at the level of reasoning-reasoning and reasoning integration,proper introduction of socialist core values to start reasoning,filling legal loopholes in family cases,and then improve them.Improved family judicial practice,demonstrated family judicial tenderness,and improved the satisfaction of family referees.At the same time,through the empirical investigation of 188 family judgments,it can be seen that there are still many flaws in the reasoning of family judgments.For example,in terms of the content of reasoning,the reasoning and basic legal explanations are not considered;in terms of theoretical evidence,the judges have not exerted the level of judgment and reasoning ability that they should have in handling family cases;in terms of reasoning expressions,they encounter lack of reasoning rhetoric and improper reasoning Difficulties.Facing the series of problems that have emerged in the practice of reasoning in family judgments,it is necessary to deeply reflect on the underlying causes and essential reasons of many problems.Specifically,it needs to be analyzed from three levels: the unique attributes of family disputes produce reasoning obstacles,which is the cause of "things";the limitation of the judge body causes reasoning shackles,which is the reason of "people";and the lack of relevant supporting systems and measures.To reason about the dilemma,this is the cause of the "system".After finding out the root cause that hinders the normal operation of the reasoning of family judgments,the next step is to solve these "real problems" and find a reform path to optimize the reasoning.After in-depth reflection and criticism of the apparently wrong concepts and practices in the judicial practice of family affairs,it is necessary to find breakthroughs in the two aspects of optimizing the rationalization of family judgments and supporting systems to break the confusion.Specific measures to optimize reasoning need to be analyzed from three levels:the content of reasoning,the proof of reasoning,and the expression of reasoning.First,in terms of the content of reasoning,in fact-finding and reasoning,it is necessary to strengthen the pertinence of fact-finding and reasoning in family judgments.The reasoning should be based on the identification and acceptance of evidence as the entry point,and the family investigation report should be properly used in the reasoning;in terms of legal application and reasoning,It is necessary to develop the rationale for the application of law based on the legitimacy of the family judgement,and to explore the categorization of the rationale for the application of the law;in terms of rationality,the basic goals and value orientation of the rationale need to be grasped when the rationale is integrated into the rationale,and the basic goals and value orientation of the rationale should be grasped flexibly.Control and reasoning skills and focus on extracting valuable experience of reasoning and reasoning from practice,so as to improve the satisfaction of the parties and the public with the family referee.Second,in terms of theoretical evidence,starting from the technical level of ensuring the usefulness of theoretical verification of family judgment documents,it is necessary to consider the essential and formal elements of theoretical evidence.That is to enhance the substantive practicality of the theory evidence,and apply the commentary theory to the family judgment documents.Improve the formal practicability of theoretical evidence,and arrange and reconstruct the structure of family judgment documents.At the same time,learn from the methods of the Anglo-American legal system countries to explain the theory and refine the layout of the argument—construct a new paradigm of argumentation based on the basis of the judgment and the reason for the judgment,and then realize the "unification of citation and reasoning" to "the duality of citation and reasoning" ? ".Third,in terms of reasoning expression,on the basis of absorbing the essence of the new rhetoric"audience-based" theory,flexibly introducing rhetorical methods in reasoning to eliminate the spiritual barriers and emotional barriers between family members.On the one hand,the expressions and words used when introducing rhetoric methods are expanded in a style acceptable to the audience to the maximum extent.On the other hand,the reasoner should persuade the audience with full enthusiasm and patience,but in the process,the legal person should maintain a calm and rational guard against the use of rhetoric.Regarding negative rhetoric as the prerequisite for positive rhetoric,after ensuring the rigor,accuracy,and standardization of language expression,positive rhetoric is used to start reasoning,and the expression of reasoning is enriched without reducing the proper polish of legal rhetoric and ethical rhetoric.In this way,it can fill the emotional gap between the parties,shorten the distance between the parties,absorb the dissatisfaction of the parties during the "confrontation" process,and then enhance the persuasive strength and acceptability of the reasoning of the family judgment document.To optimize the supporting measures for reasoning,on the one hand,it is necessary to improve the quality of family judgment documents as the goal-oriented,build a diverse and flexible family judgment document reasoning incentive mechanism,and at the same time set up a supporting internal and external reasoning evaluation mechanism-that is,to build internal " The "traditional and simple split-type" argumentation evaluation model introduces an external multi-subject evaluation mechanism,and the internalized and externalized argumentation evaluation mechanisms integrate organically and work together to realize the systematic construction of the argumentation evaluation mechanism.On the other hand,establish the principle of disclosure of family judgment documents,rigorously apply the principle of proportionality and the principle of benefit measurement to control the limits of disclosure and adhere to the boundaries of disclosure.Justice not only judges right or wrong from the final result,it should also cover "based on just and appropriate reasons" to reach the final judgment.The reform of the reasoning system of family judgment documents requires the production of documents that conform to the principles of reason and law through the way of "containing the truth in writing",so as to realize the "visible justice" in the field of family affairs.By opening the family judgment documents,the judges are forced to rationally and meticulously explain the reasoning,consolidate the legitimacy foundation of the family judgment documents,and then realize the substantive and accessible family judicial justice in a real sense.