The Reasoning Study Of Judicial Documents Based On Quoting Guiding Cases

The reasoning of the judgment documents quoting the guiding cases is the close combination of the case guidance system and the reasoning system of the judgment documents.Although the case guidance system has been established in China,cases with similar facts may still have different judgments under the influence of the discretion of different judges.The reasoning of judicial documents can regulate the discretion of judges and promote the openness and fairness of the operation of judges’ power.The judgment document quoting a guiding case should focus on reasoning according to the following logic:first,whether a guiding case is applicable;Second,why or why not apply a certain guiding case;Third,how to apply a certain guiding case.This paper consists of the following seven parts.The introduction introduces the research background,research significance,research methods and literature review.This part summarizes the existing research results in the academic circle,clarifies the research ideas of this paper,and lays a solid foundation for the writing of the text.The first chapter shows the current situation of the judicial documents quoting criminal guiding cases.First,it clarifies the collection of empirical research samples in this paper,and then introduces the overall situation of the judicial documents quoting criminal guiding cases from three aspects: the subject of the quotation,the purpose of the quotation,and the number of times the guiding cases are quoted,which paves the way for the later discussion of the reasoning of the judicial documents quoting criminal guiding cases.The second chapter discusses the shortcomings of the reasoning of the judicial documents quoting criminal guiding cases.By using the method of empirical research,88 judicial documents are read and analyzed one by one,and the deficiencies of the reasoning of the judicial documents quoting criminal guiding cases are summarized from both the form and the essence.The deficiencies at the formal level are as follows: the way of quoting is not standardized,the response is not clear whether to refer to the guiding case,and the reasons are not explained for whether to refer to the guiding case.The deficiencies at the substantive level are shown as not paying attention to similarity judgment and insufficient reasoning.The third chapter analyzes the reasons for the insufficient reasoning of the judicial documents quoting criminal guiding cases.There are four main reasons.First,the consequentialism weakens the importance of reasoning in the judicial documents.Second,the judges’ work pressure affects the quality of reasoning in the judicial documents.Finally,there is a lack of effective assurance mechanism for reasoning in the judicial documents.The fourth chapter studies the extraterritorial experience and enlightenment of the reasoning of the judicial documents citing criminal guidance cases.In judging the fact similarity of the case,the judges in the countries of Anglo-American law system are good at using judicial skills to judge the fact similarity of the case,while the judges in Germany pay more attention to the constituent elements of the statute with the dual attributes of fact and legal evaluation.In terms of reasoning against the case,the Anglo-American law system can stimulate the subjective motivation of judges to reason the judgment documents,and the countries of the continental law system also attach importance to reasoning,especially Germany attaches importance to the reasoning obligation in the case of deviation from the case.The above extraterritorial experience has produced important implications for China’s judicial practice.The fifth chapter puts forward suggestions on how to improve the reasoning of the judicial documents quoting criminal guiding cases.Based on the above analysis of the performance and causes of insufficient reasoning,in order to improve the reasoning of the judgment documents quoting criminal guiding cases,we should first master the method of similarity judgment.The determination of comparison point is the core step of similarity judgment.The three elements of basic facts,focus of dispute,and application of law are taken as comparison points,which is consistent with the judge’s trial habits.We should also focus on prohibiting analogy interpretation in the process of similarity judgment.Secondly,we should carry out substantive legal reasoning when reasoning,systematically explain the key points of the judgment,and form legal facts that conform to the constituent elements of the key points of the judgment,so as to complete the inclusion in a standardized way.Thirdly,we should promote the separation of complex and simple reasoning in the judgment documents,and the judgment documents quoting guiding cases should strengthen reasoning.Finally,we should improve the guarantee mechanism of reasoning in judicial documents,establish a rigid incentive and restraint system,and improve the training system of judges’ reasoning ability.The conclusion part summarizes the full text.The reform of the case guidance system and the improvement of the reasoning of the judicial documents is a systematic project,which requires a relatively long process.As the intersection of the two systems,the reasoning of the judicial documents quoting criminal guiding cases is of great significance for unifying the rules of adjudication and improving the acceptability of judgments.