Research On The Reasons For Civil Judgment

The reason for the judgment is called the soul of the judgment and it is the core part of the judgment.Due to the complexity of legal provisions and the numerous contents involved,in most cases,judges need to measure the value of legal interests that need to be protected.The space for judges to perform is even greater,and the reasoning for the judgment needs to be demonstrated.The quality of the civil judgment directly affects the performance of the judgment.A judgment that is complete and full of arguments can be admired by the adjudicative results to ensure that the case is settled.Some civil judgments in China have the disadvantages of listing laws,saying weak reasons,and lacking logical arguments and in-depth deductions of the reasons for judgments,that may easily lead to social controversies.Recently,academic circles and judicial practice circles have conducted a certain degree of research on the reasons for civil judgments.However,the theoretical research on the reasons for civil judgments in China and the phenomenon of backwardness in institutional construction have not changed.In the theoretical study of civil judgment reasons,scholars have different understandings to their meanings,characteristics and functions.This article draws lessons from the research results of domestic and foreign scholars,defines the meaning of civil judgment reasons,and compares the research on the characteristics,functions,simplification and exemption of civil judgments.This is the basis for understanding the reasons for civil judgments.Regarding the system construction of civil judgment grounds,China lacks relevant legal norms,lacks a clear legal basis for the content,effectiveness,disclosure,simplification,and exemption of civil judgment reasons,and lacks incentive measures in judicial practice.In response to this situation,this article proposes relevant countermeasures,which should speed up the construction of China's civil reason system,strengthen the content,effectiveness,disclosure,simplification,and exemption of relevant legislation.At the same time,relevant supporting measures and institutional guarantees have been strengthened,legal norms have been increased,judges have been improved,incentives and supervision mechanisms have been improved,and associated systems have been established.Only by perfecting legislation and establishing a sound mechanism,can we really play the role of civil judgments and promote the construction of a society under the rule of law.