| Any reform, in addition to empirical research and analysis, is inseparable from the theoretical discussion in advance. In the current judicial reform in our country,emphasize on the reform of the judicial documents, including reasoning to enhance civil judicial documents. It is necessary to discuss from the Angle of theory of civil judicial documents reasoning and its relationship with the reform, and the related reform train of thought.The traditional civil litigation law in our country to ignore the study of the theory of the reasoning of civil judicial documents, practical departments also discussed from the reform of civil judicial documents itself, which makes the relevant theory to explore a blank.This paper, according to the theory of civil judicial documents valid reasons were discussed and the related reform measures. Including civil judicial documents in the reasons things out the connotation, the our country present civil judicial documents in reasoning problems, the impact of and reasons, finally put forward the our country present civil judicial documents itself and related system, the reform of the system design.The full text is divided into four parts.The first part: the basic theory of civil judicial documents reasoning. Civil judicial documents first explores reasons things out the reason of what is, the scope of the analysis of the arguments presented and its value premise, points out that the reasons things out the written judgment is to clearly document contains things, legal,reasonable and liberal arts. And further discusses the necessity of civil reasons things out the written judgment, through the analysis highlights the importance of reasons things out the written judgment.The second part: in the judicial practice in our country civil reasons things out the written judgment. This part emphatically analyzes the civil judicial documents reasoning problems, mainly includes: one is that a lack of evidence analysis of the case facts;Secondly, the lack of explanation for the application of law; Three is to judge the lack of logical analysis and reasoning; Four is he who lack of pertinence.The third part: civil reasons things out the written judgment in the judicial practice in our country cause analysis. Aiming at the shortcoming, from two aspects of system factors and human factors discussed the causes of these problems. Institutional factors include: civil judicial documents production technical level, the lack of protection and guidance, limits the reasoning of documents; Lack of institutional incentive factors,limiting the judge reasons things out the enthusiasm and creativity; Independent trial is not really realize that the judge he who dares not is also not easy to argue. Humanistic factors including culture, low professional quality and the notion of justice and the understanding deviation, as well as large amount of work on the problem, is the main reasons of the lack of civil reasons things out the written judgment.The fourth part: the countermeasure of strengthening our country civil written judgment reasoning. In view of our country civil judicial documents reasons things out the problems and reasons, put forward to strengthen the civil judicial documents reasons things out the concrete countermeasures: first, optimizing the structure of the written judgment; 2 it is the case and simplified classification, formulate different reasoning model, to judge and burden; Three is by building reasoning thinking mode, improve the system of judge continued education, strengthening the aspects such as strengthening the court judge ethics culture construction to improve the whole quality of the judge; Four from perfecting the system of judge the candidates and establish and perfect the judicial documents are open and improve the system of judge management appraisal system, establish reasoning incentive mechanism. |
