On The Problem Of Evidence Reasoning In Criminal Judgment Documents

The court's decision must be based on facts,which are the legal facts after examining and judging the evidence.The process of judge's confirmation of evidence is the basic process of litigation and the core and important step of judgment.In order to embody judicial justice,we should publicize the judges' thinking process of accepting evidence,publicize and reasoning the process,and reproduce the process of summarizing legal facts from the trial process.The reasoning of evidence is an important part of the reasoning of judicial documents.It can not only increase the acceptability of the results of the judgment,but also help the judges to think about the appropriateness of the criminal judgment and protect the rights of the parties.However,in judicial practice,the judge's confirmation and acceptance of evidence can not be reflected in the judgment documents.In criminal judgment documents,the reasons for determining the facts are generally summarized in terms of "the above facts,there are *evidence that can be verified mutually,enough to be confirmed",and there is no explanation on how the evidence can be verified and why the judge accepts the facts.From the point of view of the standard and requirement of evidence reasoning in criminal judgment documents,this paper uses case study method to collect and analyze data for empirical analysis and summary,summarizes the problems of evidence reasoning in practice,and puts forward some humble opinions on how to strengthen evidence reasoning in making criminal judgment documents.Firstly,this paper puts forward some problems in evidence reasoning,and introduces the purpose,significance and methods of this study.Starting with the necessity and value of evidence reasoning in criminal judgment documents,this paper emphasizes the importance and responsiveness of evidence reasoning,and expounds the requirements and contents of evidence reasoning in criminal judgment documents,so as to clarify the scope of evidence reasoning in criminal judgment documents.This paves the way for the research ideas involved in this paper,the theoretical issues to be discussed and the suggestions on how to improve them.Secondly,through the empirical study of the sample,this paper analyses the current situation of the evidence reasoning part of the criminal judgment documents in China,collates the data,and summarizes the main problems and causes of the evidence reasoning in the criminal judgment documents.Finally,according to the requirement of evidence reasoning,this paper discusses the recognition of evidence reasoning in judicial documents,the methods of evidence reasoning and the improvement of judges' reasoning ability,and puts forward effective methods of strengthening evidence reasoning in criminal judgment documents,which can provide reference for improving evidence reasoning in criminal judgment documents in judicial practice.