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A Study On The Interpretation And Reasoning Of Family Judgment Documents

Posted on:2024-04-05Degree:MasterType:Thesis
Country:ChinaCandidate:X X YangFull Text:PDF
GTID:2556306926460834Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The reform of family trial is an important measure to promote family harmony,social stability,and national development.Among them,the interpretation and reasoning of family judgment documents is an important content of family trial reform and a visible justice in the judiciary,which has already attracted the attention of people from all walks of life.Taking the reform of the mechanism of family trial work and the reform of interpretation and reasoning in judicial documents as an opportunity,solving the problem of interpretation and reasoning in family trial documents is not only to fulfill the micro demands of the parties involved in family cases for the smooth resolution of disputes,but also to deepen the reform of family trial and achieve the macro expectations of the public for judicial fairness,and to properly connect judicial work and social governance.In this article,the relevant concepts,basic content,and value of the interpretation and reasoning of family judgment documents are first clarified,striving to clarify and consolidate the basic theoretical knowledge of the research topic.Secondly,after selecting publicly available family judgment documents produced by judges as samples for empirical analysis,it was found that there are shortcomings in the interpretation and reasoning of judges.Specifically,it is manifested in insufficient reasoning in evidence review and judgment,factual determination,and legal application,and the failure to properly incorporate reasonable factors into the interpretation reasoning.Based on the analysis of existing problems and the reasons for their formation,it can be concluded that the constraints of traditional concepts and the lack of one’s own abilities have led to incomplete interpretation and reasoning by judges.The imperfect external guarantee mechanism has dampened the enthusiasm of judges to fully interpret and reason,and family cases involve emotional factors between family members,making judges cautious in interpreting and reasoning.At the same time,in order to alleviate the existing difficulties in the interpretation and reasoning of family judgment documents,based on a dialectical analysis of the family judgments made by ancient Chinese judges,we approach the characteristics of the interpretation and reasoning of judges with a critical and inherited attitude,and analyze its impact on the interpretation and reasoning of contemporary family judgment documents.Finally,problem-oriented suggestions for improvement are proposed,including judges providing detailed explanations and reasons for the various elements included in the family judgment,and using legal reasoning methods to ensure clear and rigorous reasoning logic.In addition,the court should deepen the mechanism of separating the complexity and simplicity of interpretation and reasoning in family judgment documents,improve the constraint and incentive mechanism of interpretation and reasoning,establish an evaluation mechanism of interpretation and reasoning,and provide institutional guarantees for improving the quality of interpretation and reasoning in family judgment documents.
Keywords/Search Tags:Family Judgment Document, Interpretation and reasoning, Family trial refor
PDF Full Text Request
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