Research On Reasoning Of Criminal Judgment Documents Under The Background Of Complicated And Simple Diversion

In the opinions on deepening the reform of the people’s courts-the fourth five year reform outline of the people’s courts(2014-2018)(hereinafter referred to as the "fourth five year reform outline")issued by the Supreme People’s court in 2015,the Supreme People’s court clearly defined the necessity of separating the complexity and simplicity of adjudicative documents.The new social problems caused by the rapid development of market economy,the in-depth promotion of judicial reform,the problem of "more cases than people" caused by the reform of case registration system and judge post system have put forward higher requirements for the reasoning of criminal judgment documents.With the deepening of the concept of judicial openness,online access to judicial documents and the rule of law,the people have higher and higher requirements for the reasoning of judicial documents.In this case,it is obviously unrealistic and unnecessary to strengthen the reasoning of all criminal judicial documents.Therefore,it is an important measure to deal with the current problems to implement the complicated and simple diversion of reasoning of judicial documents.In 2015,the Supreme People’s Court promulgated the opinions on deepening the reform of the people’s court-the outline of the fourth five year reform of the people’s Court(2014-2018)(hereinafter referred to as "four or five reform outline"),emphasizing the importance of simplified and diverted judicial documents.The new contradictions brought about by the rapid economic development and the in-depth promotion of judicial reform,the contradiction of "fewer people and more cases" caused by the case registration system and the judge post system have put forward new requirements for the reasoning of criminal judgment documents.With the continuous promotion of the Internet of judgment documents and the concept of governing the country according to law,the people’s requirements for the reasoning of judgment documents have become higher and higher,Obviously,in this case,it is unrealistic and unnecessary to strengthen the reasoning of all criminal judgment documents.Therefore,the diversion of complex and simple reasoning of judgment documents is an important measure to deal with the current problem.The adjudicative document is the final product of adjudicative activities and a complete record of the whole court trial process,in which reasoning is the soul of the adjudicative document.As a criminal judgment document related to property,personal freedom and even the right to life,it reflects the confrontation between individuals and the state,and has a strong sense of public law.Therefore,it is more necessary to logically explain the disputed facts,the application of law and the sentencing between the parties,so as to realize the function of the judgment document to determine and stop disputes.The text of this paper is divided into five parts:The first part is the value of the diversion of complex and simple judicial documents.The diversion of complex and simple judicial documents is an important way to balance justice and efficiency,and to achieve effective communication between different reading subjects.It is also a realistic choice for the rational allocation of judicial resources.The second part is the current situation of the diversion of complexity and simplicity in criminal adjudication documents.The homogenization of adjudication documents is not conducive to the interpretation and reasoning of adjudication documents.In the past,the reasoning methods of adjudication documents have not met the needs of judicial reform.The"Fourth five year plan reform outline" and the " Guiding opinions of the Supreme People’s Court on strengthening and standardizing the interpretation of judicial documents " have made clear the types of cases in which complexity and simplicity are diverted to strengthen reasoning and simplify reasoning.The third part is the principles and methods of reasoning in criminal judgment documents.In addition to the reasoning method of formal logic,it also needs to use the reasoning method of non formal logic according to the actual situation of the case.The criminal reasoning basis is not the same as the judgment basis,and the reasoning basis should not be limited to the judicial provisions.The cases with great social impact,such as "Xu Ting case" and "Yu Huan case",all reflect the reasoning basis outside the law in the judgment documents.The fourth part is about the problems existing in the reasoning of China’s criminal judgment documents under the background of the separation of complexity and simplicity,the lack of factual reasoning,the lack of specific reasoning in the application of law,the simplification of reasoning basis,and the reasoning problems caused by the mismatch with the separation of complexity and simplicity.The premise of the diversion of complex and simple reasoning of criminal judgment documents is the diversion of complex and simple criminal cases.There is a lack of scientific classification standards for criminal cases,and there is a lack of supporting professional trial team for the cases after diversion.Reasoning does not match the diversification of criminal proceedings,making it difficult to give full play to the advantages of summary procedures and rapid adjudication procedures.The fifth part is the improvement path for the existing problems.For the lack of reasoning content in the criminal judgment documents,we should focus on the court trial.What is presented in the judgment documents is that the judge forms a free evaluation of evidence by listening to the opinions of both the prosecution and the defense during the court trial.For the cases after the diversion of complexity and simplicity,professional trial teams should be established,important and simple judgment documents should be made respectively according to the diversified requirements of criminal judgment procedures to strengthen reasoning and simplify reasoning.