Collaboration Between Reason And Jurisprudence In Judicial Adjudicative Document

Judicial adjudicative document embodies that the judicial bodies standing for the country exercise the adjudicative power, which bears not only the will of law, but also the judges' experience and wisdom. Through the adjudicative document, the judge not only manifests the legality of the judgment to the parties, also manifests the impartiality of jurisdiction to the society. However, during the long period of time, the litigious procedure in the court is concise and extensive in our country, judges don't focus on or are not good at or accustomed to "reasoning" in adjudication. In 1999,the supreme people's court lists the reform of adjudicative document as the emphasized point of the reform of court in the people's court's 5 years reformative outline. Thereafter, the reform of the writing system of adjudicative document increasingly weeds through the old to bring forth the new, and gets some success. Whereas, having surveyed the different reformative measures, most of them concentrate on the form of adjudicative document. The content of adjudicative document and the judicial experience and wisdom containing the legal deduction and the judge's explanation of law behind which is notified little yet. Judicial experience and wisdom is the soul of a judicial adjudicative document. The process of making a judicial adjudicative document is just the process of showing the judge's experience and intelligence, and is the process of collaboration of reason and jurisprudence. It's necessary to reform the writing form of the judicial adjudicative document, but the collaboration of reason and jurisprudence. It's necessary to reform the writing form of the judicial adjudicative document, but the collaboration of reason and jurisprudence and the pursuit of the judicial experience and wisdom should not be held back and be covered. The Judicial adjudicative document is the carrier of judicial judging and the reform to it should be made on the basis of the research to the judicial process and action. Therefore, the reform of judicial adjudicative document not only should design the document form reasonably, raise the level of applying the legal language, but also should pay attention to the judicial experience and wisdom behind the judicial adjudicative document and the judicial system. During the course of judge's explanation of law and the inference of law.,we should choose the opening logical structure, enlarge the proportion of customs, common senses and legal principles in the judging reasons, introduce the dissent system of public summons in the result and the judicial precedent system in a reasonable proportion.