The Improvement Of The Judicial Paper's Problem

The judicative paper is the last carrier of judicial justice. With further development of judicial reformation, people ever more focus on not only the form but the content of judicative paper. But on its content, presently, the general quality of the judicative paper in our country is not good, which seriously impairs the inherent quality of the judicative paper and impacts on the realization of judicial justice, so it is necessary for us to reform the judicative paper. The thesis is divided five parts. Part I is preface ,This part gives us the comprehensive study of this article's background and significance; Partâ…¡is the theory of the judicative paper, mainly discusses the judicative paper's features and functionality .Partâ…¢This part gives us the comparison between ancient time and the comparison between China and foreign country. Firstly, from the comparison between the judicative paper of ancient time and modern time, the author holds that it is necessary for us to learn from ancient judicative paper, for the language is concise and the reasoning is precise. Secondly, from the comparison between the judicative paper of China and the judicative paper of foreign countries, we can see that they are different in the way of reasoning in logical structure, and in language style. We should also learn from them to make our judicative paper more open, more logic, and more popular. Partâ…£The reality of our country's judicative paper is showed here. Firstly, the author introduces us the main problems existing in the judicative paper. There are three aspects, that is, (1) the judicative paper is too simple to show the necessary judicial process. (2) the generalization about two parties' requirement and allegation cannot express the controversial focus of the case; The proofs are listed in the same model, which make it vague to distinguish the parties' proofs respectively and the judge's authentications and so on. (3) the reasons of the judicative paper isn't enough and not persuading. Secondly, the thesis analyzes the reason why there were so many problems in the judicative paper. They are, (1) the judges don't have enough ability to indite high-quality judicative paper. (2) Affected by the idea of over-authoritarianism, the judge pays more attention to the result and the value as the basis of performance, not to the proceeding value of the judicative paper. (3) The judge cannot exercise their judicial power independently, so they are not serious about making judicative paper and they are lack of the impetus to do so. Thirdly, the author shows the necessity of judicative paper reform, for reason that, (1) it is the necessary requirement of the reform of judicial methods. (2) It is an important way to improve the culture of the judge. (3) it is inherently needed to establish the authority of judicature. Partâ…¤In this part, the author shows us his fundamental conception of the judicative paper reform. Reforming value of judicative paper should show not only the judicial fairness but the judicial opening. Based on that, the author gives some advice on the fundamental conception. Firstly, the court should make the judicatory proceeding and the reasons open entirely, which can ensure the fairness. Secondly, the judicative paper should stress the reason of the judgment and enhance the convincedness of the judgment. Through the illustration of the meaning of judicial reason and its historical evolution, the author discusses five principles of aim, the principle of demonstration, the principle of jurisprudence, the principle of logic, and the principle of reasoning and feeling. The judicative paper which embodies law, reason, and feelings is of high quality. Thirdly, appearing the whole judicial proceeding, expressing the parties' arguments openly, putting open the process of assessing the proofs making the judicial reasons public, making the judicative paper public. At the same time, hot issues appear in the Reform of judicative paper are analyzed, (1) the reasons of the judicative paper; (2) the judicative paper are online publicity; (3) Judge Views after the judicative paper.