Reasoning Research On Criminal Judgment Documents

Criminal judgment documents are not only the carrier of the people’s court’s trial of criminal cases and judgment results,but also an important basis for judicial supervision.Among them,reasoning is the core and key of criminal judgment documents.Since the Supreme People’s Court issued the "Outline of the Five-Year Reform of the People’s Courts（1999-2003）"（referred to as the "Outline of the First Five-Year Reform"）"to speed up the reform of judgment documents and improve the quality of judgment documents",the rationality of judgment documents has improved.It has become a key reform area and a hot topic of discussion between the theoretical and practical circles.After more than 20 years of reform,the quality of judicial documents in the criminal field has been greatly improved,but there are still problems in judicial practice,such as simple reasoning,templated,single argumentation,and inadequacy.This paper takes improving the acceptability of the judgment conclusion as the starting point,understands the current operation status and analyzes the problems,draws on the useful experience inside and outside the field,and puts forward improvement suggestions accordingly,so as to improve the level of reasoning and realize the organic unity of legal effect and social effect.This paper consists of five parts,including introduction and text.The introduction mainly introduces the research background of criminal judgment reasoning,puts forward the significance of the research,review the current research status in and outside the field,and explains the research purpose,method,innovation and deficiency of this paper.This part provides theoretical and practical support for the writing of this article.The first chapter is an investigation of the practical situation of reasoning in criminal judgment documents.Interpret the legal basis of reasoning in criminal judgment documents from a practical point of view,and then analyze the current status of reasoning in criminal judgment documents from the six dimensions of reasoning,including procedure,evidence admissibility,fact determination,application of law,response to defense opinions,and document style,using data statistics.The reasoning of criminal judgment documents plays a role in promoting the substantive reform of court trials,maintaining judicial openness,fairness,and credibility,and playing a role in setting points to stop disputes and value guidance.The second chapter is based on the analysis of the current situation of practice,and explores the common reasons from case problems,and explores the causes of the current criminal judgment documents such as insufficient reasoning,insufficient argumentation,templated documents and insufficient reasoning power.It is caused by the preference of criminal justice concept,incomplete and insufficient content of reasoning,lagging document style,single application of reasoning method,and imperfect guarantee mechanism.Only by improving the level of reasoning in criminal adjudication documents and enhancing the acceptability of adjudication conclusions can we try our best to avoid adverse consequences such as a crisis of public trust caused by insufficient reasoning,an increase in the probability of appeals and appeals,and obstruction of the dissemination of correct values.The third chapter reviews and draws on useful experience from both inside and outside the domain.Fundamentally speaking,the reasoning of criminal judgment documents evolved on the basis of ancient judgments.Therefore,combing the reasoning system of tang,Song,Ming and Qing dynasties,exploring the reasoning characteristics of ancient judgments,providing useful reference for the current reform of reasoning in criminal judgment documents.In China’s criminal reasons things out the written judgment on the basis of syllogism reasoning,and outside are analyzed from the points of view of reasoning mode represented by continental law system of syllogism reasoning mode and dialogue model represented by Anglo-American law system,and based on the reasoning characteristics in our country,complement each other,to form beneficial references for reasoning system with Chinese characteristics.The fourth chapter is to put forward suggestions for improving the reasoning of criminal judgment documents.Based on the above analysis and enlightenment,we must first change our concepts,follow the laws of reasoning,proceed from principles,and conduct reasoning under the guidance of the principles of legitimacy,rationality,pertinence and necessity.Secondly,to deepen the standard of reasoning,we should not only meet the basic requirements of taking facts as the basis and the law as the criterion;Then,on the basis of the reasoning model of the civil law system,and based on the separation of complex and simple judgment documents,the reform of the style of criminal judgment documents is promoted.And then use the diversified methods of legal interpretation,legal reasoning,legal argumentation and rhetoric to provide technical specifications for the improvement of the reasoning level of criminal judgment documents.Finally,based on the performance appraisal of judges,the evaluation of document quality and the guidance of excellent judgment documents,it provides the guarantee of reasoning and stimulates the enthusiasm of judges to reason.Reasoning with criminal judgment documents is a way to exercise criminal jurisdiction and also a reproduction of the trial process.The justice recorded in criminal judgment documents and the sufficiency of reasoning are not only related to the major adjustment of the rights and interests of the parties,but also to the professional life and honor of the judges,as well as to the value judgment and behavior guidance of the public.