A Study On The Argument Of Civil Judgment Documents Of Grassroots People’s Courts In China

The referee instruments are an important manifestation of the court’s exercise of the judicial power.It is a final carrier to deal with the results of various types of litigation cases in the form of words.It is also a manifestation of judicial justice.At present,the referee instruments are open and need its quality has improved.And to improve the quality of the referee instruments is also conducive to reduce the re-appeal.The most important means to improve the quality of the referee instruments is to strengthen the research on the argumentation in the referee instruments.This article takes the concrete content of the practice as the starting point,Through a city of a district people’s court of the referee documents issued by the case of the case analysis of reasoning,The first part of this paper chooses the comparative and representative four kinds of reasoning in the referee’s paper,That is,the focus of controversy,the burden of proof,evidence to accept the letter,discretion,from the basic concept and its importance to start,And then on the basis of empirical analysis to explore the current problems in the thesis.The second part analyzes the necessity of raising the level of the civil referee instruments,One is to inherit the outstanding traditional culture of love,reason,law concept,the second is to enhance the referee reason identity,the third is to strengthen the logic of the referee reason,four is to enhance the referee’s authority,so as to improve the quality of the referee instruments.The third part of the above two parts based on the content,To explore and improve the grassroots people’s court civil referee articles on the issue of specific methods,One is to focus on finishing the focus of controversy;the second is a clear distribution of the burden of proof;three is to explain the reasons for evidence of evidence;four is to regulate the use of discretion.