A Study On The Reasoning Of Civil Judgment Documents Of China From The Perspective Of Topics

Topics is a study directed at solving practical problems,which is a place where arguments,causes,and examples are stored.It was founded by Aristotle and developed further during the Cicero period and then faded out of view until the mid-20 th century.At present,the research of the topics presents the coexistence of the four great schools.The topics school focuses on constructing the catalogue of the topic,the local school focuses on the exploration of the connotation of "topic ",the argument scheme school tries to develop the formal topics,while the abstract methodology school focuses on the thinking and method of the topic.The study of topics is a relatively independent learning.The research of the topics should not be limited to a branch of the topics,but should be based on the previous theory,perfects its system,and dig out applied space of topics in the judicial practice.Under the present discourse of legal argumentation,the study of topics should be divided into three aspects: the thinking of the topic,the catalogue of the topic and the argumentation of the topic.In short,the topic defines the method and direction of argumentation,and the catalogue of topic provides the form for argumentation,and the argumentation embodies the procedural regulation and pragmatic characteristics of argumentation content.In the process of argumentation to solve the specific legal problems,the special care for the problem situation is beneficial to the realization of case justice.The reform of reasoning in judicial documents is a key step in promoting judicial reform.At present,there are still some problems in the reasoning of civil judgment documents in our country,such as the simplification of reasoning content,the weak logic of reasoning structure and the lack and insufficiency of reasoning methods.In fact,inappropriate reasoning methods have become the main reason.The reasoning of judicial documents should speak out the nature of things,jurisprudence ethics and unity and coherence in writing,and follow the principles of legitimacy and rationality,hierarchy,pertinence and separation.However,the judicial syllogism that judicial people have long believed in can not fully meet the multi-level needs of the reasoning of civil judgment documents.Topics was used in court debates in ancient Greece,Cicero also wrote "recipes" of law for his friends in ancient Rome,and although it had gone through ups and downs in the middle and recent centuries,its tradition as a method of legal argumentation has been preserved.The argumentation of civil judgment documents has a distinct orientation of topic,and its method of argumentation is almost the same as the argumentation thought of topic,which can stand the test in both theoretical analysis and case analysis.Therefore,it will make substantial breakthrough in the reform of the reasoning of judgment documents to start argumentation from the perspective of topic science.At present,people’s courts at all levels in China are generally facing the pressure of "more cases and fewer judges",in order to improve the quality and efficiency of the using topics to reason by judges,judges should make full use of the power of judicial science and technology,play the reasoning role of guiding cases with innate advantages.This dissertation studies the reasoning of civil adjudication documents from the perspective of topics,which is divided into five parts.The first part,comprehensively shows the study of topics.Firstly,the historical development of topics is sorted out,then the meaning of the concept of topic is clarified,and finally the relationship among topics,rhetoric and dialectics is analyzed.The second part constructs the argumentation theory of topics from the perspective of legal argumentation,which includes three aspects: problem-thinking of topics,catalogue of topic and characteristics of argumentation of content of topic.The third part is the investigation of the current situation of civil judicial documents in China.Based upon the guidance of the interpretation of the supreme people’s judge on strengthening and standardizing the written reasoning of judicial documents(Law 2018 No.10),analyse the function and role,basic demands and four principles of the reasoning of judicial documents,concretely interpret the problems of reasoning of China’s civil judicial documents,and points out that improper legal reasoning methods are main cause.The fourth part explains the orientation of topics of civil judicial judgments in China.The problematization,rationalization and argumentation of reasoning,as well as the diversification of reasoning basis and reasons,accord with the knowledge of attribute of concluding proposition by argumentation of theory of topics.The fifth part,the analysis of application of topics in the reasonings of civil judicial documents.Analyse sense of thought of argumentation of using topics to reason a case,with the help of guiding cases and judicial science and technology.