On The Reasoning Of Civil Judgment Of The First Instance

《 The people’s court reforms the outline in five years(1999-2003)》clearly pointed out that the judgments should strengthen the analysis of controversial evidence, enhance the reasoning of decision. Make sure that the judgments not only records the referee process, but also public the reason of judgments. And also make sure that the judgment can act as a carrier to display the image of the judicial justice to the public, a vivid teaching materials of legal education. In the next ten years, books and articles which associated with the reasoning of civil judgment are too numerous to enumerate, judgment reasoning has been one of hot issues among the law field. Not only theoretical research in this field has been paid more attention, but also the judicial departments introduced a series of documents, aimed at strengthening the reasoning of judgment, so as to ensure that the justice to carry out full interpretation and reasoning, in order to enable the litigants accept the sentence, and finally improve the efficiency of dispute settlements. However, the reality is, although the theoretical circles and practice departments have made great efforts, also made a lot of achievements, but the problems still exist, the overall situation is still not optimistic. By the lack of the approach of empirical study and the materials, revealing the problems in the judgment is not clear in previous research, these allegations are general in nature. After the Referee network appeared, the difficulties encountered by the empirical material shortage in previous studies have been able to break through to a certain extent. Based on this, a court of first instance verdict will be used as example in this paper. Through this, the problems will be completely reveal, some of these problems have been revealed by previous studies, and some of them have not been involved in the past. On this basis, the analysis of the causes of the problem, and put forward the corresponding improvement suggestions. It is of great significance to improve the judgment reasoning, to improve the credibility of the judiciary, so that the parties will completely accept the judgments.Eighty-seven civil judgment of first instance compose by one of the Intermediate People’s Courts in Hunan province(hereafter this paper will be abbreviated as X court) which were download from network will be use as analysis object. This paper is divided into four chapters. The first chapter is the introduction, which mainly introduces the origin of the problem, the current situation of the research and the selection criteria of the sample documents; The second chapter is mainly about the definition of the scope of reasoning. The scope of reasoning judgments include facts reasoning and legal reasoning, the fact reasoning includes the reason of the allocation of the burden of proof, the reason of qualification of evidence and the reason of the probative force and other content. The third chapter is mainly about the investigation of these selected samples, and makes a brief analysis of the conclusion of the investigation, reveals all sorts of problems existing in the civil judgment of first instance. In the fourth chapter, the author points out the main reason of the lack of the judgment reasoning, including the ideas and view, judgment style and judgment drafting system, excessive pressure for justice, pro access and education and training of vocational skills, the mechanism of judge evaluation and incentive, and on this basis, it puts forward the corresponding improvement proposals.