Research On The Application Of Emotion And Reason In The Interpretation Of Law In Judicial Document

The pursuit of rational application of reason in the interpretation of judicial instruments is not only the purpose of the legal level,but also the embodiment of the effect of justice on society.Therefore,the application of reason in judicature is very important.In the context of China’s judicial practice,strengthening the application of reason in judicial interpretation and reasoning is the latest requirement for judicial work in our country.In addition,the good use of reason in reasoning is not only an important way to enhance the acceptability of judgment,but also an important means to enhance judicial credibility.The judiciary can strengthen the public’s trust in the judiciary through the fair application of the law.Therefore,the application of reason in judicial adjudication is not only a distinctive practical feature in China’s judicature,but also an inevitable path for China’s judicature to have a unique style in the long river of the development of the rule of law.Through the accurate description of the identification of legal facts,the elaboration of the specific path of the application of legal norms,and the characterization of the legal effect,this series of reasoning process is to make the judgment result legitimate and convincing recognized by the public,and realize the purpose of legal effect.Through the judge’s "interpretation of the law",we can explain the application of legal norms more accurately for both parties and the public,make justice more transparent,and improve the credibility of judicial results.Through the "reasoning" of the judge,both parties recognize the results of the determination of the facts of the case more,which not only makes the judicial justice fair,but also improves the authority of the judicial results.Through the judge’s interpretation and reasoning,both parties and the public will have a more practical sense of participation in the judgment process of the case,and the judgment result will be more acceptable.This paper consists of five chapters.Chapter 1 introduces the background and significance of the topic,the research status and research methods at home and abroad.While using the law,the judgment documents should also follow the good inducement principle,convince the public with the law and convince people with the reason.Chapter 2 introduces the concepts and significance of reason and reason,jurisprudence and liberal arts in judicial documents,and studies the combination and relationship between them from four perspectives: clarifying reason,clarifying reason,interpreting jurisprudence and paying attention to liberal arts.Chapter 3 analyzes the typical cases of the application of reason in judicial practice,puts forward the problems existing in judicial practice,including the conflict between reason and "interpretation" and "reasoning",and explores the manifestations and causes of the conflict.In Chapter 4,this paper expounds the historical basis,realistic basis and legal basis in order to strengthen the basis of reason in the interpretation of judicial documents.Chapter 5 puts forward the specific path of strengthening and standardizing reason in the interpretation and reasoning of judicial documents,in order to analyze the problems and conflicts caused by reason in judicial practice,and strengthen the application of reason in justice.