The Problems And Perfection Of The Reason Of The Criminal Judgment

"Justice must not only be realized,but also be realized in a way that people can see".As the product of the judge’s criminal judicial activity and the carrier of the lawsuit result,the criminal judgment is the demonstration of how to draw the judgment result.The judicial decision process reflects the credibility of the judiciary,and its importance is beyond doubt.With the development of the judicial reform,the reasoning of documents has attracted more and more attention of the public.As one of the adjudicative documents,the criminal judgment is related to the safety of people and property.We should strengthen the reasoning to realize the social effect of the case.The open access to the judges’ papers keeps us in touch.To more criminal judgments at the same time also saw the existence of criminal judgment reasoning problems.From now on to 2014,the ten thousand word judgment in Huizhou’s "Xu Ting case" in the Yu de Shui case has aroused heated debate in the society,and at the same time it has also led to the question of whether the judge should reason or not.How to reason? To what extent should reasoning be achieved? What are the factors that restrict the judge’s reasoning? And in the current judicial environment how to improve the reasoning of criminal judgments.Based on these questions,the content of the article is as follows:This paper introduces the general situation of criminal judgment reasoning,mainly including the content description of criminal judgment reasoning and the relevant provisions about criminal judgment reasoning at present,so as to provide help for solving the problems in the follow-up of the article.The second part carries on the criminal judgment sample analysis.Through the collection and screening of a total of 400 criminal judgments,the author sorts out the reasoning of the samples and summarizes the problems existing in the practice of the reasoning of the criminal judgment.The main manifestations are as follows: the defense opinion is too simple,the evidence lacks analysis and argumentation,the conviction and sentencing reasons are not enough,the language is boring and so on;The third part analyzes the reasons for the existence of these problems,which can be attributed to the judges’ lack of understanding of the function and value of the criminal judgment,and the lack of clear standards for the justices of the documents.The current social environment has determined the judge’s reluctance or even the reason to say it.The fourth part analyzes the reasoning part of the criminal judgment in Huizhou’s "Xu Ting case".Through the actual criminal judgment,which has a better social response,it provides some references to the later document reasoning in our country in terms of specific writing.And gives own suggestion to this.