Research On Clerical Reasoning In Family Affairs Judgment Documents

For a long time,lack of reasoning seems to become the Chinese court written judgment problem.For the family case,there is no independent law in our country,its reasons things out the part of the specification of law is the same as the civil litigation,the Supreme People's Court of 2010 "standard of the people's court civil judicial documents to make".The family case has its own identity to the uniqueness of sexual and emotional foundation,the family of the written judgment reasoning also paid more attention to into the feeling,so only general rules to regulate the housework is inappropriate,the written judgment practice of housework judicial documents have problems such as the reason is not enough.In 2016,the supreme people's court of China launched a pilot program to reform the way and working mechanism of family adjudication.After three years of development,the pilot program has achieved good results in maintaining family stability and saving marriage relationships.Based on the judicial practice of family trial in China,this paper summarizes the problems in the case by case analysis and literature research,combining with the existing family trial research.Some concrete Suggestions are provided for the reasoning of family affairs judgment documents.The text is divided into four parts.The first part explains the theory of family affairs judgment and its reasoning.The main purpose is to distinguish between family trial and general civil trial,including the specific concept of family trial and the scope of cases,as well as the characteristics of family trial and general civil trial.This leads to the reason why it is necessary to study the reasonableness of the judgment documents of family affairs separately instead of studying the reasonableness of the civil judgment documents.Then,it introduces the concept and meaning of reasoning in the judgment document of family affairs,and provides the premise foundation of theoretical concept for the discussion in the following paper.The second part compares the characteristics of modern judgment documents and ancient judgments and the sublation of modern judgments.This paper analyzes the value of common sense to family affairs judgment with practice cases.Then the article discusses the characteristics of ancient judgment and the relationship between its reason and law,draws out the meaning of ancient judgment to modern judgment documents,takes the essence to discard the dross,and achieves the effect of making the past serve the present.The third part is the current situation of the reasoning of the judgment documents of family affairs,including the overall situation,the analysis of causes of the problems.Start with the actual case lead to housework judicial documents at this stage of the overall situation,put forward the possible problems include insufficient reasons things out the detailed slightly improper,unbalanced,the reasonable method unified,according to the question is too general,and for the cause of the problem from the judge,the parties and the public,institutional,relief means several aspects analysis respectively.The fourth part firstly analyzes the different forms of reasoning in the process of the pilot reform,and then puts forward some Suggestions on the improvement of reasoning in Chinese family affairs from the aspects of the form,the unity of common sense and law,the combination of literature and law,and the establishment of supporting system.The form of unified reasoning is put forward,and the cases are divided into simple and complicated parts,while the simple cases are divided into elements,and the ordinary cases are argued in the form of traditional judgment documents with the message from the judge.In terms of language,it proposes to integrate literary theory into the reasoning of the unity of reason and law.The establishment of incentive mechanism and evaluation system is put forward in the system.Combination of theory and empirical research,this article before people for family reasons things out the written judgment of the theoretical basis of related research,to the family of pilot trial reform achievement and appear problem,and present a problem for years housework the written judgment practice experience,from the relevant concepts,the theoretical foundation of the ancient and modern contrast,to the current situation,problems,finally puts forward a new path,the solution of the problem.In order to put forward feasible Suggestions on the reasoning of family trial in China.